The company is HostgenX (herein referred to as we, us, or our) offering web hosting and cloud services to its customers (herein referred to as Customers) under the name of the Services, which include shared hosting, virtual private servers, dedicated servers and email hosting services.

Our online Terms of Service which are located at https://www.hostgenx.com/terms-of-service apply to the usage of our Services. This Service Level Agreement (SLA) is applicable to all Customers that utilize our Services in either a formal agreement or avail them in a free trial facility.

We have the right to update this SLA. An updated one will appear on our Web site (Website) and the updated terms will automatically bind any Customer that keeps using our Services after the changes are implemented.

This paper describes the particular service levels we undertake in the context of our Services. It must be supplemented to our main Terms of Service. By using our Services, including by opening an account with us, you are agreeing to this SLA and thereby it is legally binding on you.

1. Definitions

Any capitalised words employed yet not expressly determined in this Service Level Agreement will have a bearing akin to that given to the same words in the HostgenX Terms of Service or any such Master Services Agreement.

1.1. "Uptime" or "UT"

This means the aggregate percentage of hours in any one calendar month that Services offered by HostgenX were operational, and available to the Customer to make full use of. It is figured out as 100% less the aggregate Downtime.

Calculation Formula: UT = 100% - DT

1.2. "Fault"

Any incident, failure or disruption leading to HostgenX failing to deliver as per the specific service level commitments and performance standards indicated in this SLA is considered a Fault.

1.3. "Service Time" or "ST"

It is the sum of hours within a particular calendar month within which HostgenX is under contractual obligation to deliver the Services to the Customer.

ST = 30 days X 24 hours = 720 hours.

1.4. "Emergency Maintenance" or "EM"

This represents maintenance operations that are highly demanded to counter the threats at hand. The threats may be a threat to the system infrastructure, network integrity, vital facilities, or even life. Although HostgenX will make commercially reasonable attempts to inform the Customer of such maintenance ahead of time, the exigencies of the situation may necessitate such maintenance be carried out at the earliest opportunity with the Customer receiving notification as soon as not impeded by commercial reasons.

1.5. Excused Unavailability or EU.

It is the sum-total number of hours in a month that the Services are deliberately unavailable at HostgenX due to good operational reasons. Such reasons are planned troubleshooting and upgrades of the system, which are carried out with the purpose to enhance the Services, and the Customer will be informed about them. Emergency Maintenance and Planned Downtime are expressly contained in this category.

1.6. "Planned Downtime" or "PD"

This is the predetermined, cumulative, time during a spending month of Service inaccessibility, by which HostgenX carries out basic checks, configurations, and preventive servicing of its infrastructure. This is characterised by:

• Notice to the Customer at least 48 hours in advance.

• Execution which, where feasible, should be done during the normal maintenance period between 11:00 PM and 6:00 AM Indian Standard Time (IST).

Important conditions To be executed only within a non-standard window with the prior agreement of the Customer.

Such a provision is not an obstacle to HostgenX undertaking Emergency Maintenance where necessary. Customers can also use Planned Downtime to have their dedicated infrastructure repaired. Examples are; but are not limited to:

• Installation of security patches and computer updates.

• Periodical preventive maintenance to prevent the degradation of Service quality.

• Support of the supporting utilities such as Air conditioning, UPS systems, and data center server room.

1.7. "Downtime" or "DT"

This is the sum of unavailability of a particular, discrete Service delivered by HostgenX in a billed month. This calculation only takes into account only service instances or the servers that were directly affected by an incident.

Calculation Formula: DT = ((Planned Downtime (PD) + Emergency Maintenance (EM) + Fault - Excused Unavailability (EU)) /100)/Service Time (ST).

1.8. "Exceptions"

These are certain events or situations that have been described in detail in Clause 5 of this agreement and the time the event takes will not be considered as Service unavailability. Under this SLA, then all Downtime calculations have these periods avoided.

1.9. "Support Request"

It is an official message of the Customer to HostgenX, which is addressed with the purpose of reporting a Service disruption or Downtime. A valid Support Request should be sent through mail to support@hostgenx.com and should give adequate details on the nature of the complaint as required in the procedures under Clause 3.

1.10. "Service Credits"

This means the financial credits which can be due by HostgenX to the Customer as regulated by terms and conditions stipulated in Clause 4 of this SLA.

1.11. "Force Majeure Event"

These include any occurrences that are out of the reasonable control of HostgenX which consequently denies it the ability to meet its duties under this SLA. Such incidences include, but is not limited to:

• Destructive collapse of local power systems or network systems.

• Earthquakes, floods, etc.

• War, riot, insurrection or terrorism.

• Outbreaks, epidemics or pandemics of infectious disease.

• Incendiary actions, strikes, or other systematic labour actions.

• Acts of pure governmental power.

• Any other incident of such magnitude or nature where the normal industry precautions are inelegant.

2. Uptime Commitment and Service Credits

HostgenX will ensure that the Uptime of its Services is at least 99.9 in a particular calendar month. In case the Uptime calculated in a month is less than this guarantee, the Customer will get Service Credits. This will be done in the form of credits which will be charged as an extension of the Service period as shown in the schedule below. Alternatively, at the sole discretion of HostgenX, the same amount of monetary credit or a discount can be charged on the next billing cycle of the Customer.

Service Credit is calculated according to Uptime real percentage in the billing month:

• 99.9 percent or more: no Service credit is granted.

• 99.9 percent to 99.0 percent: Service(s) is increased 1 day.

• 98.9% to 98.0%: Service(s) is to be prolonged by 2 days.

• 97.9% to 97.0%: Service(s) are extended to 3 days.

• Below 97.0%: The number of days on which Service(s) are extended is 3+n, with n being (97.0 - Actual Uptime).

This is the only liability of HostgenX and the Customer has no alternative remedy against any breach of the Uptime commitment as stipulated in this SLA.

3. Downtime Reporting Process

In order to officially report Downtime, the Customer should inform HostgenX by emailing them using the email address they had registered with the HostgenX and send the email to the support team at support@hostgenx.com. Such a notification should be provided within 24 hours following the time the Customer discovers the Downtime in the first place.

The Customer shall supply all the information required and full cooperation to help HostgenX with a root-cause analysis of the reported service problem.

HostgenX will execute the alleged Downtime investigation, and this will be done immediately when it receives a valid report.

In case the Customer does not adhere to the requirements, in particular, the failure to use the registered email, the failure to use the specified support address, or the failure to adhere to the 24-hour reporting period, the notification will not be viewed as a legitimate Downtime report. Based on this SLA, therefore, the reported period will not be counted as part of Downtime.

4. Eligibility for Service Credits

Only Downtime incidents reported to the Customer by the HostgenX support team in writing and pursuant to the procedure envisaged in Clause 3 of this SLA are entitled to Service Credits.

Service Credits are computed in incidences and are calculated as percentages of service availability in a single billed month. It should be mentioned that the following are important:

• Credits of the service does not accrue on a cumulative basis.

• Pauses in service are never summed towards the calculation of Service Credits.

To Request a Service Credit:

The Customer needs to make a formal request by providing an email to support@hostgenx.com with the subject line of SLAs credit request. This email should be made within 2 days following the expiry date of the billed month in which the credit is being due or the date of receiving the invoice in which the month was billed, whichever is later.

The request must include:

• The dates and times of the individual Downtime incidents that were claimed.

• The region or service that has been affected.

• Request logs which describe the errors and support the alleged outage. Any sensitive data on these logs must be deleted or censored.

In case the Customer does not present a request containing the subject line necessary within this 2-day time, they lose their right to the Service Credit concerning such an incident.

Conditions of credit applications and payment:

The Approved Service Credits will be deduced as the future invoices issued to the Customer. Service Credits have no rights to claim a cash refund or other payment by HostgenX. The Customer has no right to make a partial or full deduction of an invoice in anticipation of the reception of a Service Credit.

A Customer is never entitled to any Service Credit when he or she has not paid the prior invoices within the required time or when he or she is late at making payment of the invoice pertaining to the month in which they are seeking to receive a credit.

In the case of Services less than a full calendar month, a pro-rata calculation of Service Credits will be done.

By agreeing that lawfully arises between the parties in the case of a dispute over Service Credits, both parties will attempt to resolve the dispute within 15 days. HostgenX decision will be final and binding in case the dispute is not resolved after this period.

5. Exceptions

HostgenX has no liability in regards to Downtime due to the following circumstances:

• Adjustments or changes in the service done on the request of the Customer.

• Errors or malfunctions in the Customer own software, third party services or facilities including open source or licensed software.

• The Customer has not provided all information or has not provided accurate information required during account creation or service provisioning.

• Problems with the work of the internet networks or traffic exchange points that are out of our control.

• The Customer not performing his/her duties in accordance with the Terms of Service.

• Problems of DNS that are not directly under HostgenX.

• Malfunctions in Customer network connections, access circuits or local loops.

• The time it takes to do offline backups, scheduled or on request by the Customer.

• The equipment broken due to accidents, transportation, or misuse by the Customer.

• Utilization of data centre services in a manner that is not related to the access of HostgenX Services.

• Any Customer act or omission i.e. failure to report Downtime to support@hostgenx.com.

• Reported problems in which we have found no trouble.

• Cases when the Customer decides to not issue a repair service and keep using it in a non-functional condition.

• Interruptions occasioned by the Customer, which include:

  • Imprecise system configuration.

  • Violation of software usage.

  • Incorrect resource sizing

  • Failure or negligence of applications provided by the customers.

• Regulatory incidences that bring about service disruptions.

• Violation of the Terms of Service by the Customer or their end-users in terms of abuse, fraud, and any violation.

• Events that are not within our control; such as Force Majeure Events, or even the internet which falls outside of our service.

Downtime Calculation:

The first service incident Downtime commences when the Customer makes a valid report email according to Clause 3. Before HostgenX will include the report in calculations of Uptime, HostgenX will verify the report. Service Credits: The duration of the outage that we receive notification of is calculated until the outage is fixed.

Customer Responsibilities:

Customers must take care of their data integrity and security including password security. Customers should also ensure to provide and maintain their own set of data backup and recovery.

This provision defines the Customer limits of remedies and the only obligations of HostgenX to any service unavailability or failure.