Simtech Development

AWS Cloud Hosting SLA

This AWS Cloud Hosting Service Level Agreement (“Agreement”, “SLA”) is a contract governing the use of the Services (listed in Services) provided by Simtech Development Ltd. (“Company”) to the person or entity (“Customer”). The Customer must read, agree with and accept all of the terms and conditions contained in this Agreement. The Company reserve the right to change the terms of this SLA at any time. To notify the Customer about the Agreement changes the Company will use an email, provided by the Customer, and will post a revised version on the Company’s Website.

DEFINITIONS

“Company’s Website” – https://www.simtechdev.com/ its subdomains, directories and subdirectories.

“Response time” – is the time within which the Company agrees to initiate the action to fulfill the terms of the Service.

“Resolve time” – is the time within which the Company was carrying out and finished the action taken to fulfill the terms of the Service with successful (positive) result, which will ensure the ability of continuing the service provision in the amount and on conditions agreed by this SLA.

“HelpDesk” – is the ticket system provided by the Company to the Customer to initiate and track the tasks and process the official communication between the parties.

“Server availability” – is the server ability to retrieve a correct response to a request of the monitoring system. The Company does not monitor availability of individual web sites but only monitors the server availability as a whole.

“Server unavailability” – is the Customer’s inability, via web browser, to retrieve the HTTP headers from a hosting server.

“Stable server work” – is the state of server and server software in which there were no sharp changes in indicators detected and registered by the Company’s monitoring systems within 1 hour.

“Unstable server work” – is the state of server and server software in which there were sharp changes in indicators detected and registered by the Company’s monitoring systems within 1 hour.

“Service expiration date” – is the last day of the pre-paid period of the service.

SERVICES

Following list is the list of Services included into the AWS Cloud Hosting Service.

1. Amazon Computing Resources

2. Storage

3. Transfer

4. Server Availability

5. Server Monitoring

6. Backup

7. Server Security

8. Technical Support

For the purposes of this Agreement, the Services to be provided by the Company are those services which the Customer requested be supplied by the Company and for which the Customer agreed to pay based on (but not limited with) the plan published on the Company’s Website, or based on the Customer’s personal preferences limited with the Services of this Agreement.

The Company does not hold the responsibility for the security and integrity of the applications installed to the server by the Customer or his/her representatives, or manipulations made by them, and as a consequence is not liable for the errors, technical difficulties or application unavailability resulted by these manipulations.

Additional services can be provided by the Company by the request of the Customer and agreed by the Company, but these Additional services will not be governed by this SLA and will be the subject of a separate agreement between the parties.

The request of Additional services by the Customer, the approval by the Company and the following agreement must be evident and be processed via the HelpDesk. Otherwise the communication will be considered inconsistent and all enquiries regarding both Company’s and Customer’s obligations will be considered inconsistent and claims neglectable in case of the possible judicial trial.

AMAZON COMPUTING RESOURCES

The Company provides the Customer with Amazon Computing Resources according to the list of the Amazon Web Services (AWS) products and services included in the tariff plans published on the Company’s Website and according to the conditions and in the amount governed by this SLA and according to the conditions and in the amount provided by the Amazon Web Services to the Company.

The Customer can request additional services and products provided by the Amazon Web Services to be included to the Services list solely for this Customer. The Company, if agreed, will satisfy this request with respect to and basing on the conditions, and in the amount provided by the Amazon Web Services to the Company.

Additional services might require extra charge.

The amount of extra charges following the extension of the Services list will be the subject of the separate agreement between the Company and the Customer.

The amount, the level and the limitations of the additional services will not be governed by this Agreement and will be the subject of the separate agreement between the Company and the Customer.

The Customer request, the Company’s approval (or disapproval) and the following SLA must be evident and be processed via the HelpDesk.

STORAGE

The Company provides the Customer with the storage space in the amount in which it is indicated on the Company’s Website in accordance to the tariff plans.

The storage space does not include the server operating system and other server software installed on the server. The server software will have its own storage space with no additional charge for the Customer regardless the occupied storage capacity.

The storage capacity can be extended upon the Customer’s request for an additional charge in accordance to the conditions published on the Company’s Website.

To increase the server storage capacity the Customer has to sent a request to the Company by email sales@simtechdev.com or initiate a ticked in the HelpDesk.

In case the storage space is insufficient, the Company will try to contact the Customer by sending a message to the email provided by the Customer to agree further actions. Described in Notifications section below.

TRANSFER

The Company provides the Customer with the Transfer in the amount in which it is indicated on the Company’s Website in accordance to the tariff plans.

The data transferred from the server provided by the Company to the visitors (or users) of the Customer’s website will be taken into account. The data transferred by the Customer to the server provided by the Company will not be taken into account – it has not limits and is free of charge for the Customer.

The transfer volume can be extended upon the Customer’s request for an additional charge discussed and agreed with the Company. To increase the transfer volume the Customer has to initiate a ticked in the HelpDesk or send a request to the Company by email sales@simtechdev.com.

In case the transfer volume is insufficient, the Company will try to contact the Customer by sending a message to the email provided by the Customer to agree further actions. Described in Notifications section below.

SERVER AVAILABILITY

The Company guarantees a 99.99% monthly average server availability (uptime).

To verify that the server is available, the Company will check the server status every 5 minutes. If the server does not respond the Company will perform a major check to reveal a server outage cause.

In cases the Company could not eliminate the cause of the server failure within 5 minutes upon discovery of a problem, the server unavailability (downtime) will be registered and downtime period will start counting.

NETWORK AVAILABILITY

As long as the Company does not own the content delivery network and is providing intermediary services, network availability can not be defined as the subject of Company’s responsibility.

A server unavailability caused by network unavailability will not be included in the downtime period. Interruptions of service due to the problems on the backbone or on the Customer’s portion of the network are beyond the Company’s control and are not included in uptime calculation.

SERVER MONITORING

The Company will provide server and server software monitoring with manual or automated means 24 hours a day, 7 days a week.

The Company will perform the monitoring of the basic server performance indicators, including (but not limited with) OS indicators, CPU utilization, RAM usage, I/O operations, storage space availability and etc.

The Company will perform the monitoring of the server software indicators, including (but not limited with) database overload, RPS, number of active web-server connections and etc.

The Company will perform the monitoring of the server infrastructure, including (but not limited with) server software configurations, server software updates, backups availability, validation and etc.

In case the monitoring system indicates the minor problem, the Company will notify the Customer about the issue by email. Described in Notifications section below.

In case the server availability can be affected (downtime alert), the Company will take necessary actions to prevent the downtime. Described in Response and resolve time section below.

The Company will notify the Customer when the error is fixed. Described in Notifications section below.

If the Company fails to prevent the downtime, the Customer will be eligible to receive a refund in accordance to the calculation specified in the Penalty for availability non-compliance section below.

BACKUP

The Company will perform the backup procedure for the Customer website every day.

The Company will backup the project directory (/srv/) and the database directory (var/lib/mysql/)

The Company will store each backup for 7 calendar days and then erase.

The Company will store the backups on the server within Amazon Web Services infrastructure, but on the server different from the server used for the Customer’s website.

The Company will use the technical means provided by the Amazon Web Services to execute the backup procedure and check the backups availability and integrity.

The Company will manually check the backups availability and integrity every 30 calendar days by making a test restore to the Company’s own server.

Since the Company does not use its own data delivery, storage, operating and computing technical means and software, and those are provided by Amazon Web Services, the Company guarantees the integrity of the backed up data on the terms, conditions and in the amount provided and guaranteed by the Amazon Web Services to the Company.

SERVER SECURITY

The company will take all reasonable efforts to ensure the safety of the Customer’s data, located on the server. But the Company will not be liable for the data damage or loss if it occurred as the result of the Customer’s negligence. The Company holds the right to perform its own investigation to reveal the cause of the security breach, data damage or data loss in case it will take place.

MONITORING

The Company will monitor the servers and server software for vulnerabilities 24 hours a day, 7 days a week by the automated or manual technical means.

If the monitoring system detects a suspicious activity, the Company will initiate investigation.

The Company will update server software and utilities as soon as the available update was released and checked for compatibility with other server software.

ACCESS CONTROL

The Company will provide the Customer with the SSH Root Access.

The Company will monitor the Root Access and will log all actions made by the user.

CONTROL PANEL

The Company does not provide the Customer with the control panel or any other online tools to influence the server performance.

The Customer agrees to delegate all server works to the Company.

If the Customer wants to make any changes on the server side, a service ticket must be initiated in the HelpDesk.

DDOS PROTECTION

The Company will monitor the server for deviant behaviour with automated technical means.

The Company will take all reasonable efforts to protect the server from the DDoS attack if one takes place.

The Company might disable the connection to the server to prevent the attack which will lead to the server unavailability. The deliberate server outage will be considered as a rescue measure and will not be considered as the downtime.

Server unavailability caused by DDoS attack or by deliberate server outage will not be considered as downtime and will not be included in server downtime calculation.

SSL

The Company will provide the Customer with SSL certificate for no additional charge if the Customer agrees.

The Company will configure the SSL certificate in accordance to the Customer’s preferences for no additional charge.

The Company will not be responsible for activating and/or deactivating the SSL certificate in the admin of the Customer’s applications hosted on the server unless agreed by the parties in the communication via HelpDesk.

TECHNICAL SUPPORT

The Company provides the Customer with technical support on data migration from another server (if needed) and setup of the Customer’s account on one or more of the Company’s servers, access, and other server related issues to the primary technical contact free of charge.

The Company does not provide support for web applications, third party software, scripts, or components from third parties or developed by the Customer.

The company does provide technical support for applications or software installed, tuned or customised on the Customer’s server by the Company.

Technical support service can be reached by initiating a task ticket in the HelpDesk (primary) or by email (secondary) sales@simtechdev.com.

Emails containing issues sent to other departments such as billing or sales may not be answered.

All correspondence will be noted by the Company within 15 minutes, but the response time may vary depending on the error type. Described in Response and resolve time section below.

The Company provides regular technical support on Monday to Friday, 09:00-18:00 GMT+4 via the HelpDesk.

The resolve time for each issue may vary due to complexity and will be estimated individually.

RESPONSE AND RESOLVE TIME

Response to errors within time limits corresponding to the following error types:

Error Type 1

Critical error. The server is unavailable. The Company will respond within 15 minutes upon discovery of a problem.

The resolve time for each issue may vary due to complexity and will be estimated individually.

Error Type 2

Major error. The server resources are under critical load, and other problems that cause inability of the Customer to use the full functionality of the server and can potentially result in downtime. The Company will respond within 60 minutes upon discovery of a problem.

The resolve time for each issue may vary due to complexity and will be estimated individually.

Error Type 3

Minor error. The server and server software are demonstrating the deviant behaviour, or indicators, but are not threatening the server availability and stable work. These problems relate to the technical server administration, including configuration, configuring hardware and changes in the operating system.

The Company will respond within 24 hours upon discovery of a problem.

The resolve time for each issue may vary due to complexity and will be estimated individually.

NOTIFICATIONS

The Company will notify the Customer according to the following table.

Regarding the AWS Cloud Hosting Service:

– 10 days prior the Service expiration date by email provided by the Customer

Regarding the Storage:

– if the available storage space is less than 20%

Regarding the Transfer:

– if the available transfer is less than 20%

Regarding Server Availability:

– if the server is unavailable. Error Type 1 – Critical error. Described in Response and resolve time section below.

Regarding Server Monitoring:

– when the major errors were fixed. Error Type 2 – Major error. Described in Response and resolve time section below.

Regarding Backup:

– no notifications

Regarding Security:

– no notification

Regarding maintenance:

– 24 hour prior scheduled maintenance

– undefined period for emergency maintenance

SCHEDULED MAINTENANCE

To guarantee the optimal performance of the servers, the Company will perform maintenance on the servers on a routine basis. Such maintenance often requires taking the servers offline.

The Company reserves 10 minutes of server unavailability per month for maintenance purposes.

This server unavailability will not be included in server uptime calculation.

The maintenance will be performed during off-peak hours. The Company will provide the Customer with prior notification of upcoming maintenance. Described in Notifications section above.

EMERGENCY MAINTENANCE

The Company might need to take the servers offline due to an emergency issue related to security, updates or Amazon Web Services emergency maintenance outage.

The Company will provide the Customer with the explanation of the reason of each emergency maintenance happening.

This server unavailability will not be included in server uptime calculation.

PENALTY FOR AVAILABILITY NON-COMPLIANCE

Upon the Customer’s notice to the Company, if availability of any server within the calendar month is below the guaranteed level of 99.99%, the Company will refund to the Customer, according to the schedule below:

– Server availability 99.00% – 99.99%: 5% of monthly fee credited

– Server availability 98.00% – 98.99%: 10% of monthly fee credited

– Server availability 95.00% – 97.99%: 15% of monthly fee credited

– Server availability 90.00% – 94.99%: 25% of monthly fee credited

– Server availability 89.99% or below: 2.5% credited for every 1% of lost availability

If the Customer agrees the penalty can be set off against next regular payment for the Company’s Services or additional server works. To receive the refund, compensation or additional server works, the Customer must specifically request it during the month following the month for which the refund is requested.

The Company takes uptime calculation responsibility on itself. A refund is issued if the unavailability refund is confirmed.

Credits may not be issued if the Customer account is past due, suspended, or pending suspension.

OWNERSHIP OF DATA

All data created by the Customer and/or stored by the Customer within the Company’s applications and on the Company’s servers are the Customer’s property and is for the Customer’s exclusive use unless access to such data is permitted by the Customer. The Company makes no claim of ownership of any web server content, email content, or any other type of data contained within the Customer’s server space and applications on the Company’s servers.

DATA RETENTION

THE COMPANY SHALL NOT RETAIN ANY OF THE CUSTOMER’S DATA AFTER ACCOUNT TERMINATION. ALL DATA WILL BE DELETED FROM THE SERVERS AT THE TIME THE ACCOUNT IS TERMINATED AND FROM BACK-UPS DURING THE SCHEDULED BACKUP ROTATION. THE COMPANY SHALL NOT RESTORE, “BURN” TO CD, OR SEND OUT ANY DATA PERTAINING TO THE TERMINATED ACCOUNTS.

BILLING AND OTHER ACCOUNT RELATED INQUIRIES

All inquiries regarding the Company’s billing for its services should be initiated as ticket in Help Desk or sent to email sales@simtechdev.com.

ESCALATION

If the Customer is dissatisfied with the Company’s Services or if the Customer is unable to resolve a Technical support issue within the parameters outlined in this Agreement, please contact the Company’s Hosting support team via HelpDesk by initiating a ticket or email to sales@simtechdev.com. The Hosting support team will review Customer’s concerns, investigate, and respond to the Customer within 1 business day. As issues may be complex or require extensive investigation, the foregoing response time does not imply that a resolution is guaranteed within said 1 business day.

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