Nobus Service Level Agreement

The Nobus Compute Service Level Agreement (this “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 Nobus 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.  

• Nobus Flexible Compute Cloud (Nobus FCS)*

• Nobus Flexible Block Storage (Nobus FBS)

• Nobus Flexible Object Storage (Nobus FOS)

• Nobus Internet Connectivity Services

*For purposes of this SLA, Nobus FCS includes any resources attached to the Nobus instances including IP Address resources.

Nobus will use commercially reasonable efforts to make the Included Services available with a Monthly Uptime Percentage of at least 99.98%, in each case during any monthly billing cycle (the “Service Commitment”). In the event any of the Included Services do not meet the Service Commitment, you will be eligible to receive a Service Credit as described below.

Service Credits are calculated as a percentage of the total charges paid by you (excluding one-time payments such as upfront payments paid for implementation or managed services) for the individual Included Service in the affected Nobus region for the monthly billing cycle in which the Unavailability occurred in accordance with the schedule below.

We will apply any Service Credits only against future payments for the applicable Included Service otherwise due from you. At our discretion, we may issue the Service Credit to the credit card you used to pay for the billing cycle in which the Unavailability occurred. Service Credits will not entitle you to any refund or other payment from NCS. Service Credits may not be transferred or applied to any other account.  

To receive a Service Credit, you must submit a claim by opening a case in the NCS 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 “NCS SLA Credit Request” in the subject line;

2. the dates, times, and affected NCS region of each Unavailability incident that you are claiming;

3. the resource IDs for the affected Included Service ; and

4. 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. Unless otherwise provided in the Agreement, this SLA sets forth your sole and exclusive remedies, and NCS’ sole and exclusive obligations, for any unavailability, non-performance, or other failure by us to provide the Included Services.

The Service Commitment and Hourly Commitment do not apply to any unavailability, suspension or termination an Included Service, or any other Included Service performance issues: (i) caused by factors outside of our reasonable control, including any force majeure event or Internet submarine cable failure 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, including failure to acknowledge a recovery volume; (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); or (iv) arising from our suspension or termination of your right to use the applicable Included Service in accordance with the Agreement (collectively, the “Nobus Compute SLA Exclusions”). If availability is impacted by factors other than those used in our Monthly Uptime Percentage calculation, then we may issue a Service Credit considering such factors at our discretion.

• "Availability Zone" and "AZ" mean an isolated location within a NCS region identified by a letter identifier following the NCS region code (e.g., nobus-wa-az1).

• "Monthly Uptime Percentage" is calculated by subtracting from 100% the percentage of minutes during the month in which any of the Included Services, as applicable, was in the state of Unavailability. Monthly Uptime Percentage measurements exclude Unavailability resulting directly or indirectly from any Nobus Compute SLA Exclusion.

• A "Service Credit" is a Naira or dollar credit, calculated as set forth above, that we may credit back to an eligible account or credit/debit card.

• "Unavailable" and "Unavailability" mean: