SLA

The Service Level Agreement (“SLA”) describes performance and security components regarding the “Private Cloud” services “iBIT” provided by BIT Incorporated, which are designed to protect the privacy, security and best interests of BIT Incorporated’s Customers. We agree to abide by the terms of this SLA, and require our customers to do likewise. BIT Incorporated shall use our best effort to provide continuous and consistent service with respect to this SLA.

1. DATA CENTRE

The iBIT servers are located at a tier 3 + hosting facility in the Greater Toronto Area (GTA), Canada. The systems are designed to provide maximum availability of 99.9% Service Availability for power and Internet connectivity. The current Data Centre facility specifications are: a. High Availability: Located in the GTA – Canada, that guarantees system availability at the operating system level of 99.9%; b. Electrical: Three 13.8 kV incoming feeds to the building complex (N 1 configuration); c. Electrical Protection and Redundancy: 800 kVA, via two independent, synchronous units fed from a 600 volt source (400 kVA usable). Redundant UPS power sources (A&B configuration) are provided to every cabinet, supplemented by diesel generators; d. Cooling: A chilled water/DX cooling system, N 1 configuration. Air quality handling systems control dust, temperature, and humidity; e. Fire Suppression: Very Early Smoke Detection Apparatus (VESDA) continually samples the air for combustible ion particles. An interlocked dry pipe pre-action sprinkler system activated by ionization type smoke detector heads on the ceiling and under floor grids; f. Security Controls: The Data Centre entrance and security area is protected with bullet-proof glass and there is 24/7 security on-site. There is only a single point of entry, combined with mantraps and card access control systems. Surveillance cameras are strategically positioned inside and outside the Data Centre and monitored 24×7. Steel mesh-reinforced walls; vibration and motion detection systems are situated in walls and the ceiling; g. Facility Monitoring: Centralized monitoring by 24×7 Operations Centre (OC), using a site automation system, once again using a single point of entry, combined with mantraps and card access control systems; h. Internet Connectivity: Three diverse GigE connections.

2. NETWORK AND ACCESS SECURITY

Hosted servers are protected from unauthorized access by Multiple Layers of Network Security designed to protect Customer Data. a. Centrally controlled WatchGuard Firewall Systems with deep packet inspection, application proxies, WebBlocker and Gateway Antivirus; b. 256-bit VPN and Authentication Encryption; c. 128-bit Encryption via SSL Certificates.

3. DATA SECURITY

Customer Data is protected by redundant server architecture, backup systems, disaster recovery plans and multiple layers of user authentication. a. All customer data is located on secure servers or directories that require access authentication; b. Enterprise level redundant servers are provided by Dell Corporation and Hewlett Packard; c. Barracuda Spam & Virus Firewall to eliminate Spam and email viruses and protect your data from Phishing, Spyware and Denial of Service attacks; d. All servers employ RAID techniques to ensure the integrity of the data on its servers and prevent data loss due to disc failure; e. All customer data is backed up to a secondary Network Attached Storage Device (NAS). BIT Incorporated performs full systems backups on a weekly basis and incremental backups daily. Nightly incremental backups are retained for one (1) week. Weekly backups are retained for three (4) weeks. NOTE: Nightly and weekly backups are performed for disaster recovery purposes only. BIT Incorporated is not responsible for data loss resulting from the failure or loss of the data storage or backup media.

4. SOFTWARE LICENSES

Microsoft Software licenses are provided under the “Services Provider License Agreement” SPLA between Microsoft and BIT Incorporated. BIT Incorporated will report the total number of licenses required for each Product that the Customer used during the preceding calendar month. a) SPLA END User Agreement Requirements 1) The termination of this agreement will automatically terminate all rights to use products in the Software Services Reseller Agreement, (Microsoft Products); 2) The End User WILL NOT remove, modify, or obscure any copyright, trademark, or other proprietary rights notices that are contained in or on the Products; 3) The End Use WILL NOT reverse engineer, decompile, or disassemble the Product, except to the extent that such activity is expressly permitted by applicable law; 4) Disclaim, to the extent permitted by applicable law, all warranties by Microsoft and any liability by Microsoft or its suppliers for any damages, whether direct, indirect, or consequential, arising from the Software Services; 5) BIT Incorporated will provide technical support services for products under the SPLA Agreement to the End User; 6) At the request of Microsoft, BIT Incorporated will disclose the End User information 7) No High Risk Use. The products under the SPLA agreement are not fault-tolerant and are not guarantee to be error free or to operate uninterrupted. The End User may not use the Products in any application or situation where the Product(s) failure could lead to death, or serious bodily injury of any person, or to severe physical or environmental damage (“High Risk Use”). Examples of high risk include, but are not limited to: aircraft or other modes of human mass transportation, nuclear or chemical facilities, life support systems, implantable medical equipment, motor vehicles, or weaponry systems. High Risk use does not include utilization of Products for administrative purposes, to store configuration data, engineering and/or configuration tools, or other non-control applications, the failure of which would not result in death, personal injury, or severe physical or environmental damage. Customer agrees to indemnify and hold harmless Microsoft and BIT Incorporated from any third-party claim arising out of End Users’ use of the Products in connection with any High Risk Use.

5. GUARANTEE

BIT Incorporated will use commercial best efforts to provide customers with 99.9% service availability relating to its hosting and Server availability. Service availability is calculated by the number of hours the service is available to customers plus the total number of hours, if any, the service is scheduled to be unavailable, divided by the total number of hours in that month. BIT Incorporated reserved the right to change the DATA Centre location or provider to meet its Service Level obligations.

6. EXCEPTIONS

Customer shall not receive any credits under this SLA in connection with any failure or deficiency of Service Availability caused by or associated with: a. Circumstances beyond BIT Incorporated’s reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, virus attacks or hackers, failure of third party software (including, without limitation, ecommerce software, payment gateways, chat, statistics or free scripts) or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of this SLA; b. Failure of access circuits to the BIT Incorporated Network, unless such failure is caused solely by BIT Incorporated; c. Scheduled maintenance and emergency maintenance and upgrades; d. DNS issues outside the direct control of BIT Incorporated; e. Customer’s acts or omissions (or acts or omissions of others engaged or authorized by customer) including, without limitation, custom scripting or coding (e.g., CGI, Perl, HTML, ASP, etc.), any negligence, willful misconduct, or use of the Services in breach of BIT Incorporated’s Terms and Conditions; f. Outages elsewhere on the Internet that hinder access to your account.

7. CUSTOMER RESPONSIBILITIES

The following are customers’ obligation and requirements to enhance data security and ensure maximum system availability. g. Customers must use discretion granting administrator privileges to the iBIT Control Panel; h. Users must not share their login identifier or password; i. We recommend that users change their passwords at least every sixty (90) days; j. Users must select passwords that are six (6) characters or longer and should include a combination of upper and lower case with mixed alpha and numeric text; k. BIT Incorporated advises customers to use up-to-date, local anti-virus software.

8. CREDIT REQUEST AND PAYMENT PROCEDURES

To receive a credit, the customer must make a request therefore by sending an e-mail message to billing@bit-incorp.com. Each request in connection with this SLA must include the dates and times of the unavailability of customer’s service and must be received by BIT Incorporated within ten (15) business days after the end of the calendar month when customer’s service was not available. If the unavailability is confirmed by BIT Incorporated, credits will be applied against the next billing cycle after BIT Incorporated’s receipt of the customer’s credit request. Credits are not refundable and can be used only towards outstanding or future billing charges. Notwithstanding anything to the contrary herein, the total amount credited to customer in a particular month under this SLA shall not exceed the total hosting fee paid by customer for such month for the affected Services.

9. SCHEDULED MAINTENANCE

To guarantee optimal performance of the Service, it is necessary for BIT Incorporated to perform routine maintenance on the servers. Such maintenance often requires taking servers off-line and is typically performed during off-peak hours. BIT Incorporated reserves the right to plan a scheduled outage with forty-eight (48) hours advance notice. BIT Incorporated will use commercial best efforts to schedule these outages at non-peak hours and limit their occurrence to strictly necessary upgrades and required maintenance. Scheduled outages are shown in the Network Status page at ibit.ca or via e-mail to the designated administrator of each customer. It is the responsibility of the administrators to notify all persons within their organizations of scheduled outages.

10. TECHNICAL SUPPORT

BIT Incorporated maintains high quality customer care to ensure customer satisfaction. The technical support operates 24/7/365 and BIT Incorporated provides a variety of ways for customers to request help or otherwise make inquiries. a. An online Support module may be used to report and track issues. The online support can be accessed via our web site. We request that all customers use the Trouble Ticket System as the first method of reporting issues, and requesting support; b. 24 x 7 x 365 telephone support expedited during off hours, additional charges may apply; c. An online technical Knowledgebase is available at any time on the iBIT website.

11. BUSINESS CONTINUTITY PROVISION

In the event that BIT Incorporated is unable to continue service to Customer, BIT Incorporated will use commercial best effort to provide no less than three (3) weeks of interim service. During this period, BIT Incorporated will provide access to and at no cost the most current data backups, as well as all necessary information, including application settings and utilities, in order to facilitate a transition of Customer’s service to another provider or an in-house implementation.

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