Service Level Agreement (SLA)

Last modified: 29 June 2022

Pursuant to the Terms of Service (“TOS”) Núna ehf. (“Núna”), hereby provides the Customer with the following Service Level Agreement (“SLA”). Unless otherwise defined herein all capitalized terms will have the meaning set forth in the TOS. The TOS are hereby incorporated by reference.

1. Service Level Commitment

Núna will use commercially reasonable efforts to ensure the availability of Service and will attempt to maintain ninety-nine point nine nine percent (99.99%) availability (“Service Availability”). Núna offers Customers a credit for Service Availability lapses in Service Availability as set forth in Section 2 below (“Performance Credit”). Service Availability is measured twenty-four (24) hours a day and seven (7) days a week in each calendar month.

IMPORTANT: Núna bases its service level commitment on information provided by Vultr. Customer selection of a different cloud provider may affect Customer service availability. Under no circumstances will Núna’s service level commitment exceed that of the cloud provider chosen by the Customer.

2. Performance Credit

5% of Monthly Service fees – Credited for 99.9% to 99.99%
10% of Monthly Service fees – Credited for 99.8% to 99.89%
25% of Monthly Service fees – Credited below 99.8%

Notwithstanding the foregoing, in no calendar month will the credit exceed twenty-five percent (25%) of the monthly Service charge for the affected month.

3. Performance Credit Procedure

The Customer must submit a written Performance Credit request to Núna within ten (10) business days of the applicable lapse in Service Availability. Customer’s Performance Credit request must contain Customer’s name and/or account number, the date(s) and time(s) of the lapse(s) in Service Availability, and other relevant identification required by Núna to validate Customer’s Performance Credit request. Performance Credit eligibility shall be determined at Núna’s sole discretion. If approved, Núna will accordingly apply the applicable Performance Credit to the Customer’s next monthly invoice.

4. Performance Credit Eligibility Exclusions

  1. Any outages caused by Customer-provided application software installed on Núna Servers;
  2. Any outages caused by delay or interruption in telecommunications provided by 3rd party services, including Domain Name System (DNS) propagation service;
  3. Any outages caused by any event or condition not wholly within the control of Núna, including without limitation, acts of any governmental body, war, insurrection, terrorism or embargo;
  4. Any outages during Customer scheduled or emergency maintenance events;
  5. Any outages caused by negligence, willful misconduct, or inaction of Customer or Customer’s customer(s);
  6. Any outages caused by the inability to obtain equipment or services needed for the provisioning of additional Services;
  7. Any excluded hardware and software as defined in the applicable agreement;
  8. Any single-server (”development cloud” or single dedicated server); and
  9. Any Customer misuse or abuse of Services whether intentional or accidental

5. Scheduled and/or Emergency Maintenance

Services will be unavailable during scheduled and/or emergency maintenance events. Núna strives to provide the Customer with seventy-two (72) hours advance notice for scheduled maintenance events. Scheduled maintenance will be performed during off-peak hours (generally Mondays starting at 04:00 (4 am) Coordinated Universal Time (UTC) and lasting no more than a few minutes. Núna in its sole discretion will determine whether to provide Customer notification in an emergency maintenance situation. All maintenance notifications from Núna will be provided to the Customer’s designated point of contact. Scheduled outages will not be counted in measuring Service Availability. Scheduled maintenance may vary based on the Customer’s Service selections. Núna will work with the Customer to reasonably accommodate Services that require non-standard scheduled maintenance times.

6. Incident Report

The Customer shall immediately notify Núna of Service unavailability at [email protected] and Núna Support will work with the Customer to determine the cause for such unavailability and will use reasonable efforts to restore Services to the Customer. The Customer shall work with Núna to provide all necessary information to resolve any issues associated with the restoration of Services.