This Service Level Agreement ("SLA") is a commitment of Everest Global Joint Stock Company (“EVG Cloud”) to clients and service users of EVG Cloud, and is considered as a commitment on service quality, to ensure benefits for all Clients.
This SLA applies to the following types of services of EVG Cloud:
- - "CDN": is a content service distribution network-based including multiple servers located at different geographical locations inside and outside the territory of Vietnam, working together to distribute and transmit download information, images, movies (movies, clips), real-time media streaming and other content quickly and efficiently to end users.
- - "VPS": a service that provides virtual server infrastructure on demand and can expand to the ability to handle virtual hardware configurations such as CPU, RAM, Disk. It flexibly chooses different virtual server configurations and ensures service management safety by EVG Cloud’s cloud virtualization architecture.
- - "Storage": is a flexible, secure, and fast access solution on cloud computing.
- - "Dedicated server": is a service providing physical server and hardware such as CPU, RAM, Disk.
- "EVG Cloud Backup": service is built and developed according to leading technologies from Veeam, allowing to back up part or the whole enterprise local system to the EVG Cloud infrastructure, ensuring backup for operation when the main data system downtime. Businesses can restore their data instantly – Regardless of the operating system, application or data resource inside the server.
- 1. Concepts and Definitions:
"Services": are CDN, VPS, Storage, Dedicated server, EVG Cloud Back up.
- 1.1."Client"/ "Service User": means any individual or organization using EVG Cloud's Services.
- 1.2."Monthly Uptime Time": means the period of time calculated by subtracting the number of minutes the Service System is in Unavailable State (as defined below) due to the error of EVG Cloud and not including the time for maintaining, discontinuing Service due to Force Majeure events and other circumstances excluded according to the regulation in this SLA.
- 1.3."Unavailable State": Downtime of VPS) calculated based on:
- a.VPS down time.
- b.Network time when EVG Cloud cannot connect to the ISP.
(Exception: The time that ISP network fails to connect to the end user which will not be counted.)
- 1.4."Unavailable State" of dedicated server calculated based on:
- a.Network time when EVG Cloud cannot connect to the ISP.
(Exception: The time that ISP network cannot connect to user will not be calculated)
- b.Server of Clients is not working (shutdown), crash, or unexpectedly restarted due to the hardware failures, firmware and drivers errors.
- c.EVG Cloud does not notify of such maintainance or changes which makes the service of Clients stop (downtime).
- d.Service of Customer has problems such as: stop, restart, not working properly due to the hardware failure.
- 1.5."Error Rate Storage": is the percentage of error calculated by the total number of failed requests (requests) divided by the total number of requests in 5 minutes (block of 5 minutes); The total number of blocks in the payment cycle is calculated by the total number of time using the Services in minutes divided by 5 and not exceeding 8,928 blocks (equivalent to 31 days / month). The error times counted when the request returned was a value of "InternalError" or "ServiceUnavailable".
- 1.6."Error Rate CDN": is the rate of arising errors measured by the CDN system through the error code HTTP Code Status 500 (Internal Server Error) is recorded and reported on the Portal system on the total number of requests arising in the billing cycle.
- 1.7."Monthly Uptime Rate": calculated as 100% minus Error rate in one (1) payment cycle "Monthly Downtime Rate": calculated by the total amount of time the system falls into the Unavailable State divided by the total time of the month times 100.
- 1.8."Force Majeure Event": means an event that happens in an objective, unpredictable and irreparable manner despite the application of all necessary measures and in the permissible capacity, including but not limited to natural disasters, enemy sabotage, extreme weather phenomena, sabotage actions, protests, strikes, and bans from Government Agencies.
- 1.9."Error rate vMonitor": average downtime of all alarms on a resource or log project.
- 1.10."Downtime vMonitor": is calculated by the time when the alarm is not working right on each resource or log project and then division for a total a real Alarm minutes existed in month and then multiplication for 100%.
- 1.11.The time when Alarm not working right: is calculated from the Alarm session failed when transferring notification to the session when Alarm working.
- 1.12."Unavailable State": (Downtime of EVG Cloud Back up) calculated based on:
- a.Service Downtime.
- b.Network time when EVG Cloud cannot connect to the ISP.
(Exception: The time that ISP network fails to connect to the end user which will not be counted.)
- 2. Monthly Uptime Ratio Formula:
Service
Formula
CDN/Storage/vMonitor
Uptime = 100% - "Average Error rate"
VPS/vLB/vDB/dedicated server/EVG Cloud Back-up
Uptime = 100% - "Downtime Rate within the month"
- 3. EVG Cloud's Commitment on Monthly Uptime Rate
Service Commitment
Rate
Unit
Equivalent
CDN
99,90%
CDN Domain
Measure the number of failed requests on the total request
VPS/vLB/vDB
99,94%
1 Virtual host
Equivalent to 26 minutes 17 seconds
Storage
99,99%
Project
Equivalent to 0 Block fail 100% or 1 Block fail 80%
Dedicated server
99,90%
01 Physical Server
Measure based on the hardware failure rate causing downtime of service.
Or Network cannot connect to ISPs
EVG Cloud Back-up
99,90%
1 Backup reporsitory
43 mins and 49 seconds
- 3.1.In case that the Service fails to fulfill the commitment of the Monthly Uptime Rate as stated above, EVG Cloud is responsible for compensating Client the corresponding Service. The Service compensated for clients is calculated as a percentage of the value in the payment cycle of that month:
- - VPS:
Monthly Uptime Percent
Equivalent Time Downtime
Service rate to compensate / 1 virtual server
From 99,90% to less than 99,94%
From 43 minutes 49 seconds to 26 minutes 17 seconds
10%
From 95% to less than 99,90%
From 01 day 12 hours 31 minutes 27 seconds to 43 minutes 49 seconds
30%
Below 95%
More than 01 day 12 hours 31 minutes 27 seconds
100%
Monthly Uptime Percent
Service Rate to compensate / Domain CDN
From 99% to less than 99,90%
5%
From 95% to less than 99%
10%
From 90% to less than 95%
30%
Below 90%
100%
Monthly Uptime Percent
Service Rate to Compensate / Project
From 99% to less than 99,90%
10%
From 95% to less than 99%
30%
Below 95%
100%
Monthly Uptime Percent
Service Rate to Compensate / 01 Physical Server has corresponding problem
From 99% to less than 99,90%
10%
From 95% to less than 99%
30%
Below 95%
100%
Monthly Uptime Percent
Compensation for Services (Rate)/ 01 Resource or Project Log corresponding problem
From 99,00% to less than 99,90%
10%
From 95% to less than 99,00%
25%
Below 95%
100%
Monthly Uptime Percent
Equivalent Time Downtime
Service rate to compensate / 1 virtual server
From 99,90% to less than 99,94%
From 43 minutes 49 seconds to 26 minutes 17 seconds
10%
From 95% to less than 99,90%
From 01 day 12 hours 31 minutes 27 seconds to 43 minutes 49 seconds
30%
Below 95%
More than 01 day 12 hours 31 minutes 27 seconds
100%
- 4. Service Is Not Considered Stagnation in the Following Cases:
- 4.1.The Service is inaccessible due to the fault of Clients, users and/or third party such as: expired domain name, Domain Name Server error (DNS), misconfiguration, operating system error, computer virus, spyware, unavailable Client’s network service, iptables system, firewall, etc
- 4.2.The Service is blocked because the content(s), file(s) Client stores on EVG Cloud’s system violate Vietnamese law, is accused of intellectual property infringement and/or other EVG Cloud’s regulations; Client’s use of source code affects EVG Cloud’s system; Client does not make payment for the service fee for EVG Cloud.
- 4.3.Illegal access to other services which are not managed by Client.
- 4.4.The Service is inaccessible because Client’s use of the service is not in accordance with the standard recommended by EVG Cloud.
- 4.5.Due to Client’s request to stop the system.
- 4.6.The Service is inaccessible due to errors from Client’s devices.
- 4.7.The Service is inaccessible due to Force Majeure Event.
- 4.8.When Client uses the sources/services of EVG Cloud to attack other systems and is detected, EVG Cloud will notify to stop the service (for example: DDOS, intentional attack, virus distribution).
- 4.9.Service is suspended because the Client does not pay the subscription fee.
- 4.10.Service is interrupted due to the maintenance, which has been notified to the Client in advance.
- 4.11.dedicated server Service:
- (a)Server is shutdown or stopped service due to the intentionally of Client or Client’s counterpart.
- (b)The service is stopped due to Force Majeure events or beyond the management capabilities of EVG Cloud such as natiral disasters, problems in the power or cold support for server at the data center.
- (c)EVG Cloud has notice of such maintainance or changes that will stop the Client’s service (downtime).
- (d)EVG Cloud has notice of such damage of hardware, devices and offers a replacement plans but Client does not follow the replacement plan or does not agree to replace.
- (e)Do not use any monitoring services to monitor the hardware or do not notify EVG Cloud in time to replace the corresponding hardware in case of damage.
- 5. Periodic System Maintenance:
- 5.1.System maintenance is mandatory to ensure the continuity of the Service provided to Client. The maintenance can be scheduled on any day of the week (including weekend) and at any time of the day. However, VNC CLOUD shall endeavor to carry out the maintenance at the time that least affects Client’s use of the Service.
- 5.2.EVG Cloud shall notify Client in advance via email on EVG Cloud system or on the homepage https://evgcorp.net
- (a)Three days in advance before expected day of maintenance.
- (b)In emergency maintenance cases, EVG Cloud shall endeavor to notify Client 30 minutes in advance via email or telephone.
- (c)For some incidents beyond the control, EVG Cloud shall notify Client within 4 working hours since the time the incident occurs.
- 5.3.EVG Cloud commits the total amount of maintenance time affecting the Service of Client in one (1) month does not exceed two (2) hours.
- 6. Commitment on the Time for Feedback, Response and Resolution of Problems:
- 6.1.Forms of contact for receiving and solving problems:
- 6.2.Response time:
- (a)Response time for troubleshooting request: within 15 minutes since the time the request is received.
- (b)Response time and troubleshooting time for the Client’s problems: within 15 minutes up to 48 working hours since the time of responding to troubleshooting request.
- (c)For serious problems, response time can be longer, but not exceed 72 working hours since the time of responding to troubleshooting request.
- 6.3.Response time for dedicated server:
- (a)Response time for troubleshooting request: within 15 minutes since the time the request is received.
- (b)Response time to replace hardware due to the failure: 5 Working Days since the request is received.
- (c)In case of the purchase of spare-part, hardware replacement will be conducted within 4 hours fr since the request is received.
- 7. Process of Receiving and Responding to Complaints:
Forms of contact for receiving complaints: in document or send email via support@evgcorp.net
- 7.1.Content of complaints: in order to save the Client’s time, when sending complaints to EVG Cloud, the Client should sufficiently provide the following information:
- (a)Email or Document subject must be clearly stated: "Request to compensate according to SLA commitment";
- (b)The information of the account affected;
- (c)Specific date and time and the moments when the system, and Service used by the Client fall into the Unavailable State;
- (d)Logs recording errors or screenshots at the time the error occurs (the Client’s confidential information should be blurred or hidden);
- (e)Damages to the Client and the value of damages accompanied by relevant documents and invoices;
- (f)The level of compensation that the Client requires.
- 7.2.Time to receive complaints: within three (3) days since the incident occurs; more than the above-mentioned time, EVG Cloud shall not accept and resolve any relevant complaints.
- 7.3.Time to respond and resolve complaints: within 15 (fifteen) days since the day the complaint is received.
- 7.4.In case the Client is dissatisfied with the resolution documents of EVG Cloud, the Client can resend feedback to EVG Cloud; in this case, the Client’s feedback shall be received and processed as a new Complaint.