This Service Level Agreement establishes deliverables and availability thresholds related to cloud infrastructure services provided Stellar Technologies Inc ("Stellar"). These guarantees may be collectively referred to as the “SLA”. This SLA is provided as a supplement to the Master Services Agreement agreed to prior to becoming an Stellar customer, which is hereby incorporated by reference as an indispensable part of this SLA. The Stellar customer may be referred to as “Customer” or “the Customer”.

Stellar offers a 100% uptime guarantee relative to cloud and network infrastructure availability. This uptime guarantee is applicable on a per-service-item basis. For example, if a Customer has fifty (50) servers, and one (1) of those servers experiences downtime, any credit due to the Customer under this uptime guarantee would be proportional to that one (1) server's downtime and not the entire service inventory on the Customer’s account.

This uptime guarantee does not apply to the accessibility of Stellar's website, DNS servers, API, or cloud management portal.

Stellar does not, by default, proactively monitor the packet loss or transmission latency of individual customers. Stellar does, however, proactively monitor the aggregate packet loss and transmission latency throughout its internal and external networks.

In the event that Stellar discovers (either from its own efforts or after being notified by the Customer) that the Customer’s services are experiencing sustained packet loss in excess of one percent (1%) between a given service instance and one hop from Stellar's edge router(s) (i.e., the relevant egress provider’s router) and the Customer notifies Stellar via a support ticket (or Stellar has notified the Customer of an event), Stellar will take all actions necessary to determine the source of the excess packet loss or transmission latency.

The Customer is not entitled to a credit if they are in breach of their services agreement with Stellar (including the Customer’s payment obligations to Stellar) until after the Customer has cured the breach. The Customer is not entitled to a credit if the outage is caused by misuse of the services (intended or otherwise). Customers are not entitled to any credit for outages resulting from denial of service attacks, malware/virus activity, hacking attempts, or any other circumstances that are not within the control of Stellar.

This uptime guarantee only applies to cloud service and network availability during normal operations. The uptime guarantee does not apply to server-side software uptime. Any outage due to server software, operating systems, improper configurations, denial of service attack against a Customer service instance, service suspension, or any other non-network, non-compute node, or non-storage fabric outage, whether or not such outage is caused by Stellar due to critical patching, troubleshooting, or performing tasks/changes requested by the Customer, is not subject to this uptime guarantee.

The guarantee does not apply when a scheduled maintenance occurs with a minimum of twenty-four (24) hour notice or in the event a time critical patch/update must be applied as long as the outage/packet loss does not exceed fifteen (15) minutes.

Furthermore, none of the guarantees in this SLA may be combined. For example, a hardware outage that also disrupts network connectivity does not qualify the Customer for two (2) separate credits. If for example, a hardware outage was the cause of the connectivity loss, the entire event is considered a single outage for the purpose of determining applicable credit.

If Stellar determines that an eligible outage has occurred, credits are calculated as a percentage of the fees for the eligible service instance for the current monthly billing period during which the outage occurred (to be applied on the following billing cycle). The following table outlines the credit amounts on a per-service basis:

In order to receive any credit offered under this SLA, the Customer must submit a support ticket within thirty (30) days following the end of the event and specifically request that a credit be applied to the Customer’s account. Customers should not assume that Stellar is inherently aware of the Customer’s outage, as a given outage or disruption may be wholly unrelated to Stellar’ services or control and should be validated by Stellar.

Customers may submit a support ticket via email to [email protected], or via the Stellar cloud management portal. After a support ticket requesting a credit is submitted along with supporting evidence of disruption, Stellar must still determine, in its sole discretion, whether or not an eligible outage has occurred.

In the event that Stellar was aware of the outage prior to the Customer, Stellar may notify the Customer of the outage. In such an instance, the Customer must still submit a support ticket associated with the outage along with details relative to the affected service instances, and to request any credit.

The Customer agrees and acknowledges that all other terms, limitations, exclusions, disclaimers and requirements contained in Stellar's Master Services Agreement apply to this Service Level Agreement.