THE CUSTOMER MUST ACCEPT THE TERMS OF THIS AGREEMENT IN ORDER TO USE THE SERVICES PROVIDED BY REMSYS.

1. SUBJECT OF THE AGREEMENT

This Service Level Agreement (hereinafter SLA) regulates the conditions on the provision of the services by REMSYS and use of the said services by the Customer.

Last time the SLA conditions were renewed on 18 April 2011 and can be further amended at any time without prior notice.

SLA supplements “Terms of Service” and is an integral part therein. SLA determines content and areas of the permitted guaranteed indexes of the service quality, as well as the amount and form of compensation in case the guarantees under this Agreement are breached.

2. DEFINITIONS

2.1. Service Level Agreement – compliance by the company with the time frames of the effective response to request about technical support or terms of its solution in accordance with its Technical Support Priorities.

2.2. Ticket – request for technical support created by the Customer in the Technical Support department using Request System (Helpdesk).

2.3. SLA Breach – exceeding the maximum time frame required for the effective response or the timeframe required for the ticket solution in accordance with the terms and level of the ticket solution in compliance with its Technical Support Priorities.

2.4. Maximum timeframe of the effective response – maximum permitted time period from the time the Customer sends a technical support request until the time the REMSYS Technical Support department sends the answer, which should outline the status of the works being performed, the list of completed actions, recommendations, schedule of further actions etc.

2.5. Maximum timeframe of the problem resolution – maximum permitted time period from the time the Customer sends a technical support request until the time the problem is completely solved, or is solved partially without any significant failure of the equipment’s or servers’ operation.

2.6. SLA Compensation – one time payment deducted from the service amount during the next payment period.

2.7. Standard subscription to the services – subscriptions to the server maintenance services or VPS nodes management, conditions of which comply with the conditions outlined on the “Server Management Subscriptions” and “VPS Nodes Management”pages at REMSYS official website.

3. NATURE OF THE SERVICES

REMSYS provides services described in “Terms of Service”. Services are provided 24 hours a day, including weekends and holidays.

4. LIMIT OF RESPONSIBILITY OF REMSYS

The Parties of this Agreement agree that REMSYS guarantees the quality level of the services described herein below, only within its limit of responsibility, namely – within the scope of service of the equipment having the standard subscription (service subscription) on the provision of the services.

SLA applies only to tickets created via Request System (Helpdesk). Requests for technical support created using other means of communication (phone, e-mail, LiveChat) are not dealt with pursuant to the terms of this SLA.

5. GUARANTEE OF THE SERVICE QUALITY

5.1. REMSYS guarantees to its customers the compliance with SLA in connection with the maximum time frame for the effective response or problem solution. Maximum timeframe of the effective response to request or its solution is determined by the Technical Support Priorities.

5.2. SLA Breach qualifies as a ground for the Customer to request the compensation from the company (provided that the conditions of SLA provision have been complied with). Payment of the compensation is executed pursuant to the Customer's request made to the payments department of REMSYS.

5.3. The amount of compensation paid to the Customer in connection with any given SLA Breach is equal to 25% of the amount of one active monthly subscription for the maintenance of one equipment unit in connection to which the breach has occurred.

5.4. If the SLA is breached in connection to a ticket related to several subscriptions (maintenance of several equipment units), the compensation is calculated from the highest subscription.

5.5. The amount and terms of the compensation for SLA Breach with the Customer who have different subscriptions for the services of the company (for instance, one subscription for the maintenance of several equipment units, subscriptions with different price) is determined with the Customer individually and is included in the agreement.

5.6. The maximum amount of the monthly compensation to the Customer (the amount of all compensations for SLA Breaches during calendar month) cannot exceed 25% of the total value of all active monthly subscriptions.

6. CONDITIONS AND PROCEDURE TO RECEIVE COMPENSATION

The present SLA is available only for Standard subscription to the services (p. 2.7.).

Conditions of SLA for nonstandard subscriptions can be developed by Customer's request.

The Customer can request the payment of compensation for SLA Breach upon compliance with the following conditions:

6.1. The number of simultaneous tickets of the Customer for technical support with “Open/Escalated” status do not exceed 5 (or 10% of the total number of serviced equipment units if more than 50 units are serviced).

6.2. The number of simultaneous tickets of the Customer for technical support with “Open/Escalated” status and with “Critical” priority do not exceed 2.

6.3. There are no tickets with the same problem.

6.4. The level of ticket’s priority determined by the Customer is in compliance with the criteria of the Technical Support Priorities.

6.5. At the time of SLA Breach the Customer does not have any outstanding payments (invoices that have to be paid, invoices with the expired payment term).

6.6. SLA applies only to the time period included in the service subscription package.

6.7. The SLA does not apply for services without subscription or services provided on an hourly basis.

6.8. In order to receive compensation the Customer must submit a request to the payments department of REMSYS along with the ticket number (code) during the processing of which the SLA Breach occurred and the date of the said SLA Breach. 6.9. The Customer     may submit a compensation request for SLA Breach not later than three calendar months from the date the breach occurred.

6.9. Client can request compensation for the SLA breach no later than 3 calendar months after such breach happens.

6.10. REMSYS Administration will within 5 calendar days accept/reject the compensation request. In case the request is rejected, the Customer will be provided with the detailed information about the reasons of the rejection.

6.11. The compensation for SLA Breach will be in the form of a relevant discount for the services during the payment period falling after the receipt of a ticket with compensation request.

6.12. REMSYS does not pay compensations for SLA Breaches if there is no request from the Customer or if a compensation request is made in connection with SLA Breach that took place more than three months ago.

6.13. In case the official REMSYS rates will change, SLA conditions will automatically come into force for the maintenance services of the relevant equipment units from the moment new subscription is activated in connection to them.