Service Level Agreement

  

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%

• - CDN:

   

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%

• - Storage:

   

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%

• - dedicated server:

   

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%

• - vMonitor:

   

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%

• - EVG Cloud Back-up:

   

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: 
    • (a)Via 24/7 support call center: +84 985386150
    • (b)Via telephone number (during working hour): +84 985386150
    • (c)Via website or email: https://evgcorp.net and support@evgcorp.net
  • 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.