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SERVICE LEVEL AGREEMENT

This Service Level Agreement (“SLA”) defines the service levels provided to eligible Clients for Subscription Services provided by Stellar Cyber Inc. (“Stellar Cyber”). Capitalized terms not otherwise defined herein have the meaning ascribed to them in Stellar Cyber’s End User Agreement. This SLA shall only apply to Clients who have purchased Subscription Services directly from, and who have entered into an agreement directly, with Stellar Cyber or an authorized Stellar Cyber reseller. 

1. Technical Support

Stellar Cyber will provide Clients with technical support to identity, analyze, and resolve challenges with the Subscription Services provided by Stellar Cyber. All support shall be through Client’s authorized account administrators.Upon contacting Stellar Cyber support through the Stellar Cyber Support Portal, Clients will be required to provide Clients’ account organization name and complete description of the problem including error messages, screenshots, and other troubleshooting information as requested by support personnel. Additionally, when reporting an issue, the severity of the issue should be classified based on the impact to the Client’s business operations in accordance with the severity classification table below. Stellar Cyber support personnel will use reasonable efforts to respond to Client’s reported issues within the timeframe designated below.
Issue Severity Description Response Time
1 - Critical Services are down, or unavailable. Business operations have been severely disrupted. No workaround is available. 1 hour
2 - High Major functionality is impacted or significant performance degradation is experienced. Short-term workaround is available, not scalable. 4 hours
3 - Medium Minimal impact to operations. Short or long-term workaround is available. 24 hours
4 - Low General questions or feedback. No Impact on business operations. 48 hours

2. Maintenance

i.  Scheduled Maintenance
To ensure optimal performance and security of the Subscription Services, Stellar Cyber routinely performs maintenance on a regularly scheduled basis within its published maintenance windows. This may require specific services to be suspended during the maintenance period. Maintenance is typically performed during off-peak weekend hours. Subscription Services unavailability due to scheduled maintenance is excluded from availability calculations. Stellar Cyber will endeavor to notify Clients in advance of any scheduled maintenance that may adversely affect the Subscription Services.
ii. Emergency Proactive Maintenance
Under certain circumstances Stellar Cyber may need to perform emergency maintenance, such as security patch installation or hardware replacement. Stellar Cyber may not be able to provide Clients with advanced notice in case of emergency maintenance. Subscription Services unavailability due to emergency maintenance will be excluded from availability calculations.
 

3. Subscription Services Availability

Stellar Cyber guarantees at least 99% Subscription Services availability (“Service Availability”) which is defined as a customer being able to log in and access data in the platform.Service Availability excludes Excusable Unavailability (defined below in Section D). 

4. Excusable Unavailability

Stellar Cyber shall use commercially reasonable efforts to make the Subscription Services available to Clients at least 99% of the time subject to the following exceptions ("Excusable Unavailability"): (i) circumstances beyond Stellar Cyber's reasonable control, including, without limitation, unavailability of or interruption or delay in telecommunications or third party services, interruption in data center power, IP transit provider (backbone) or end user's portion of the network (commonly known as "last mile") failure, denial of service or similar attacks, mail bombs, DNS resolution, domain name expiration, Internet availability, SYN attacks, and other events, virus or hacker attacks, or failure of third party software; (ii) a failure of the Internet, public switched telephone network, or other communication circuits used to access the Subscription Services;  (iii) Scheduled Maintenance as detailed in Section B1 of this SLA; (iv) Emergency Proactive Maintenance as detailed Section B2 of this SLA; (v) Clients’ acts or omissions (or acts or omissions of others engaged or authorized by Clients) including, without limitation, custom scripting or coding; (vi) Clients’ negligence, willful misconduct, or use of the services in breach of this SLA; and (vii) other outages on the Internet or otherwise that hinder access to the Subscription Services.

5. Service Availability Monitoring

Stellar Cyber uses a combination of methods to monitor and validate Service Availability, including but not limited to independent monitoring services and internal reporting. These checks are run on predetermined intervals with specific failure thresholds with respect to the services provided. If two or more consecutive tests fail, the absence of Service Availability will be noted as the number of minutes between the first and the last failed tests.

6. Service Availability Credits

If Service Availability for the full month is below the following levels, Stellar Cyber will credit the account of Clients or reseller according to the following schedule:
Service Availability Amount of Credit as % of monthly fee
98% to 99% 5% of monthly fee credited
97% to 98% 10% of monthly fee credited
96 to 97% 15% of monthly fee credited
Less than 96% 25% of monthly fee credited
To receive a credit for service unavailability, Clients must (i) be in good financial standing with Stellar Cyber, and (ii) send an email or written credit request to the Stellar Cyber billing department within ten (10) business days after a service was unavailable. Credit requests must include Clients’ account username and the dates and times of service unavailability. Stellar Cyber billing department will compare the service unavailability information provided by Clients to Service Availability monitoring data maintained by Stellar Cyber. A credit shall be issued if Stellar Cyber confirms the Clients report of service unavailability. This credit can be used towards future billing payments and cannot be used retroactively. Excusable Unavailability is excluded from Service Availability for purposes of calculating any credit. Stellar Cyber will calculate the credit based on the particular Subscription Services for which Service Availability was below the prescribed level, the fees for the particular Subscription Services and the percentage of overall services affected. For example, if the credit pertains to the Service Availability of four of 200 units provisioned in an agreement, the credit would be calculated as 2% x the monthly fee of the agreement x the % of monthly fee credited. Notwithstanding anything set forth in this SLA or any other agreement, the credit described in this section shall be Clients’ sole and exclusive remedy in connection with any outages or unavailability of the Subscription Services.

7. Data Retention

CLIENTS DATA SHALL BE STORED, ARCHIVED OR RETAINED DURING THE TERM OF THE APPLICABLE AGREEMENT ONLY.  STELLAR CYBER SHALL HAVE NO DUTY OR OBLIGATION TO STORE, ARCHIVE OR RETAIN ANY DATA AFTER CONCLUSION OR TERMINATION OF THE APPLICABLE AGREEMENT OR FAILURE TO RENEW THE APPLICABLE SERVICES.ALL CLIENTS DATA IS DELETED FROM THE SERVERS AFTER THE ACCOUNT IS TERMINATED AND FROM BACK-UPS DURING SCHEDULED BACK-UP ROTATION. STELLAR CYBER SHALL HAVE NO OBLIGATION TO RESTORE, PROVIDE ON ANY STORAGE MEDIA OR SEND OUT ANY DATA PERTAINING TO EXISTING OR TERMINATED ACCOUNTS WITHOUT EXPLICIT REQUEST FROM THE CLIENTS AND AGREEMENT BETWEEN STELLAR CYBER AND CLIENTS ON COMMERCIAL TERMS.
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