PropelCLOUD Hybrid Storage and Data Transfer Service Level Agreement

Last Updated: February 16, 2018

This PropelCLOUD Hybrid Storage and Data Transfer Service Level Agreement (“SLA”) is a policy governing the use of the Included Services (listed below) and applies separately to each account using the Included Services. In the event of a conflict between the terms of this SLA and the terms of the PropelCLOUD Customer Agreement or other agreement with us governing your use of our Services (the “Agreement”), the terms and conditions of this SLA apply, but only to the extent of such conflict. Capitalized terms used herein but not defined herein shall have the meanings set forth in the Agreement.

Included Services

• PropelCLOUD Storage Gateway
• PropelCLOUD DataSync
• PropelCLOUD Transfer for SFTP

Service Commitment

PropelCLOUD will use commercially reasonable efforts to make the Included Services each available with the applicable Monthly Uptime Percentage during any monthly billing cycle (the “Service Commitment”). In the event an Included Service does not meet the Service Commitment, you will be eligible to receive a Service Credit as described below.

Service Credits

Service Credits are calculated as a percentage of the total charges paid by you for the applicable Included Service for the monthly billing cycle in which the error occurred in accordance with the schedule below.

We will apply any Service Credits only against future payments otherwise due from you for the applicable Included Service. At our discretion, we may issue the Service Credit to the credit card you used to pay for the billing cycle in which the error occurred. Service Credits will not entitle you to any refund or other payment from PropelCLOUD. A Service Credit will be applicable and issued only if the credit amount for the applicable monthly billing cycle is greater than one dollar ($1 USD). Service Credits may not be transferred or applied to any other account. Unless otherwise provided in the Agreement, your sole and exclusive remedy for any unavailability, non-performance, or other failure by us to provide the Included Services is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA.

Credit Request and Payment Procedures

To receive a Service Credit, you must submit a claim by opening a case in the PropelCLOUD Support Center. To be eligible, the credit request must be received by us by the end of the second billing cycle after which the incident occurred and must include:

1. the words “SLA Credit Request” in the subject line;
2. the dates and times of each incident of non-zero Error Rates that you are claiming; and
3. your request logs that document the errors and corroborate your claimed outage (any confidential or sensitive information in these logs should be removed or replaced with asterisks).

If the Monthly Uptime Percentage of such request is confirmed by us and is less than the Service Commitment, then we will issue the Service Credit to you within one billing cycle following the month in which your request is confirmed by us. Your failure to provide the request and other information as required above will disqualify you from receiving a Service Credit.

PropelCLOUD Hybrid Storage and Data Transfer Service SLA Exclusions

The Service Commitment does not apply to any unavailability, suspension or termination of the Included Services, or any other Included Service performance issues: (i) caused by factors outside of our reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of the applicable Included Service; (ii) that result from any actions or inactions of you or any third party; (iii) that result from your equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within our direct control); (iv) that result from you not following the current technical documentation applicable to the Included Services (including the applicable developer guides) as posted by us and updated by us from time to time on the PropelCLOUD Site; or (v) arising from our suspension or termination of your right to use the applicable Included Service in accordance with the Agreement (collectively, the “PropelCLOUD Hybrid Storage and Data Transfer Service SLA Exclusions”). If availability is impacted by factors other than those used in our calculation of Monthly Uptime Percentage, then we may issue a Service Credit considering such factors at our discretion.

Definitions

• “Error Rate” means: (i) the total number of internal server errors related to read/write operations returned by the applicable Included Service as error status HTTP 5xx (Server Error code) divided by (ii) the total number of requests for the applicable request type during that 5-minute interval. We will calculate the Error Rate for each Included Service account as a percentage for each 5-minute interval in the monthly billing cycle. The calculation of the number of internal server errors will not include errors that arise directly or indirectly as a result of any of the PropelCLOUD Storage Transfer Service SLA Exclusions.
• “Monthly Uptime Percentage” is calculated by subtracting from 100% the average of the Error Rates from each 5-minute interval in the monthly billing cycle.
• A “Service Credit” is a dollar credit, calculated as set forth above, that we may credit back to an eligible Included Service account.