NFTitle Network Service Level Agreement

This Service Level Agreement (this “SLA”) governs the use of the Services under the terms of the SaaS Services Agreement (the “Agreement”), between NFTitle Network Customer (“Customer”) and UBITQUITY, LLC (“UBITQUITY”, “we” or “us”) and is subject to all of the terms and conditions of the Agreement. UBITQUITY may update, amend, modify or supplement this SLA from time to time. The terms and conditions of this SLA are applicable to the Managed Hosting service only, and “Service” or “Services” as used in this SLA refers only to the Managed Hosting service. Capitalized terms used herein but not otherwise defined will have their respective meanings set forth in the Agreement. In the event of any conflict between this SLA and the Agreement, the Agreement will govern.

Capitalized terms used herein but not otherwise defined will have their respective meanings set forth in the Agreement. In the event of any conflict between this SLA and the Agreement, the Agreement will govern.

  1. SERVICES

UBITQUITY will use commercially reasonable efforts to provide the Services as defined by the plan or plans purchased or subscribed to by Customer.

1.1 Definitions

“Data” means all data submitted by Customer to UBITQUITY in connection with the Services, including all content, material, IP and similar addresses, recordings, messages, and software.

“Dedicated Hardware” means the processor(s), memory, storage and other hardware directly allocated to the Customer in the Service. “Managed Hosting Fees” means the fees for the Dedicated Hardware for the calendar month in which the failure occurred.

“Data Center Network” means the portion of the UBITQUITY’s network extending from the network egress point of Customer’s Cloud Server Host to the outbound port of the data center border router.

“Scheduled Maintenance” means maintenance of which we notify Customer by email at least 10 business days in advance, and that does not exceed 60 minutes in any calendar month.

  1. SERVICE AVAILABILITY

UBITQUITY will use commercially reasonable efforts to provide the following Service Availability measured on a calendar-month basis (each, a “Goal”): Network Availability: 99.99%

2.1 “Service Availability” means:

With respect to “Network Availability”, the Monthly Uptime Percentage excluding Scheduled Maintenance and Exclusions during any calendar month

With respect to “Dedicated Hardware”, the functioning of all processor(s), memory, storage and other hardware that we specifically guarantee during any calendar month, as such Dedicated Hardware may be amended from time to time throughout the term of this SLA. 

2.2 Exclusions

Loss of Service Availability caused by any of the following (each, an “Exclusion”) will be excluded from Service Availability calculations: (i) issues beyond UBITQUITY’s reasonable control, including, without limitation, denial of service or similar attacks, mail bombs, DNS resolution, domain name expiration, hardware failure, Internet availability, Customer’s portion of the network, IP transit provider issues, SYN attacks, and other similar events or any Force Majeure event, or (ii) other issues addressed in this SLA.

2.3. Availability Calculations 

To calculate Service Availability, UBITQUITY uses a combination of methods, including analyzing logs from both UBITQUITY’s event monitoring system and the actual affected infrastructure components and matching these findings with Customer reports to determine the actual time frame. Any loss of Service Availability less than five minutes in duration will not be included in the calculation of Service Availability.

  1. SERVICE AVAILABILITY CREDIT

If Service Availability measured for any completed calendar month is below the Goal, UBITQUITY will issue a credit (“Service Availability Credit”). We will verify Service Availability Credits for validity and they will be subject to the other conditions in this SLA. The Service Availability Credit will be calculated as follows:

Service Availability

Amount of the refund as a percentage of monthly fee for affected Service

  • 95.0% to 99.98%
  • 5% of monthly fee credited
  • 94.99% or below 2.5%
  • 10% of monthly fee credited

3.1. Service Availability Credit Request and Payment Procedures

To request a Service Availability Credit, (a) Customer must be in good standing with UBITQUITY, (b) Customer must open a technical support ticket by emailing [email protected] reporting an apparent Service interruption within 72 hours of the event, and (c) Customer must send an email or written Service Availability Credit request to [email protected] in the calendar month immediately following the month for which Customer is requesting a Service Availability Credit. Service Availability Credit requests must include Customer’s name or UBITQUITY account number and the dates and specific times for which Customer is requesting Service Availability Credits.

UBITQUITY will compare information provided by Customer to the data referenced in Section 2.3 above. A Service Availability Credit will be issued only if UBITQUITY confirms from such data that a Service Availability Credit is available. UBITQUITY will calculate the Service Availability Credit based on the type of particular Service for which Service Availability did not meet the Goal, the fees for the particular Service and the percentage of overall individual Service affected.

The limits and sole remedies regarding Service Availability Credits total credits under this SLA are set forth in Section 3.

3.2. Limits On Service Availability Credit & Sole And Exclusive Remedies

The total Service Availability Credit due to Customer for any Cloud Server affected may not exceed 25% of the monthly fees charged for use of any Cloud Server during the month for which the Service Availability Credit is to be issued. Only one Service Availability Credit is available in any given calendar month.

Notwithstanding anything set forth in the Agreement or this SLA, the Service Availability Credit described in this Section 3 is Customer’s sole and exclusive remedy in connection with any loss of Service Availability as described in such section or breach by UBITQUITY of the Agreement or this SLA.

Credits are applicable only toward use of the Service and are not convertible into cash or any type of refund.