SERVICE LEVEL AGREEMENT

1. Monthly Uptime Guarantee

   Mxgsoft guarantees that its Service will be available 99.5% of the time in a calendar month (“ Monthly Uptime Guarantee”), excluding Maintenance and Exclusions (both terms of which are defined below). You are eligible to claim service credit(s) for Service Downtime if Mxgsoft fails to meet the Monthly Uptime Guarantee, provided the total Service Downtime of 0.5% in a calendar month is verified by Mxgsoft.

   “Service Downtime” is defined as an inability to access the Service caused by failure of network equipment managed, owned, leased or used by Mxgsoft to provide the Service, including the failure of managed switches, routers, and cabling but excluding Maintenance and Exclusions.

   The Monthly Uptime Guarantee does not include time required to perform data restores and backups if applicable.

2. Irrecoverable Data Guarantee

   If you attempt to access any of your data but the data is irrecoverable, you must report the same to Mxgsoft as soon as possible. Mxgsoft will investigate the cause of the same and will require your assistance during such investigation. If the result of Mxgsoft’ investigation indicates that the cause of such irrecoverable data is due to the fault of Mxgsoft, then Mxgsoft will grant a service credit to you up to a maximum of the fee charged to you for the calendar month during which the irrecoverable data event took place.

3. Maintenance

   “Maintenance” means and includes:

   1. any scheduled maintenance of the cloud data centers used by Mxgsoft to provide the Service of which you are notified at least [3] days in advance. For the purpose of notifying you, Mxgsoft will use the contact email on record. Please ensure that this email is up to date and accessed frequently; and
   2. any maintenance of the data centres used by Mxgsoft: (a) is necessary to avoid an immediate threat to the data center or the Service and (b) of which Customer is notified.

4. Exclusions

   Customer shall not be entitled to any service credits if Service Downtime is due to the following exclusions:

   1. the actions or omissions of yourself or your employees, agents, representatives or contractors using the password(s) and user ID(s) issued by Mxgsoft to you to access the Service;
   2. the result of Maintenance;
   3. a Denial of Service attack, hacker activity, or other malicious event or code targeted against Mxgsoft or an Mxgsoft customer;
   4. failure of any hardware, software, network or Internet infrastructure not owned or managed by Mxgsoft or its sub-contractors;
   5. factors outside Mxgsoft’ reasonable control;

Thank you for taking the time to understand our Service Level Agreement.