This is a Service Level Agreement (SLA) between Kerio Technologies, Inc. and its subsidiary companies and You. The purpose of this Service Level Agreement (SLA) is to identify the basic services, and any agreed upon optional services, to be provided by Kerio Technologies, Inc. regarding Cloud Services for You.

Description of Services

Kerio Cloud is a Kerio Connect and Kerio Operator software as a service hosting provider owned and operated by Kerio Technologies, Inc. and its subsidiaries.

Connectivity

Kerio will monitor and maintain all servers’ connectivity to the Internet 24/7/365. If a customer cannot get to their server via public IP then Kerio will troubleshoot and resolve any issues. Basic internal DNS (i.e., within our own network) is Kerio's responsibility but we cannot control DNS issues outside of our own network.

Private Cloud Server Monitoring

Kerio will monitor basic running ports on all Private Cloud servers for uptime. If any issues occur, Kerio will troubleshoot and resolve them. Kerio will notify the client upon resolution.

Kerio Cloud and Messaging Services Infrastructure

We guarantee 99.8% uptime on our Kerio Cloud and Messaging Services in any given monthly billing period, excluding maintenance.

However, our data center facilities are constantly being upgraded to add processing power to ensure customer performance, and to ensure we can guarantee our reliability and scalability goals. In order for You to benefit from these upgrades, You agree that your servers may be relocated within data centers, changes may be made to the provision of the Services, URLs and IP addresses and new procedures may be established for the use of the Services. You further agree that changes may be made to DNS records and zones on the applicable DNS servers for the operation of the shared network infrastructure. In each case, You will be given reasonable advance notice and use all reasonable endeavors to minimize the effect that such change will have on Your use of the Services.

Kerio is not responsible for internet outages or other third party related outages outside of our network.

Support Availability

Support is available 24/5 via telephone or support ticket/email.

Phone support calls are taken in the order they are received in our queue. Holidays may have limited support and hold times will vary depending on volume of calls.

Email/tickets are logged and a technician assigned to that case. Tickets are assigned as they are received in the log.

Maintenance Windows

Regularly scheduled maintenance will be performed as follows:

Kerio will perform Kerio software upgrades to our Kerio Cloud environment during the week of any new public release moving forward as a cloud upgrade policy, generally within the scheduled maintenance windows set forth below. For example, if a new release is public on a Tuesday of any week, it would be Kerio’s general policy to perform the cloud upgrades during the next scheduled maintenance window on the next Friday, as set forth below.

Maintenance windows for Kerio Cloud environments:

EU Data Center - Thursday 20:00 UTC

USA Data Center - Friday 07:00 UTC

Maintenance windows for Kerio Private Cloud environments:

EU Data Center - Thursday 20:30 UTC

USA Data Center - Friday 07:30 UTC

All maintenance windows should require no more than 30-60 minutes of downtime.

99.8% Uptime Guarantee

Kerio SLA ensures Internet connectivity is provided to our customers 99.8%, defined as no more than 86.4 minutes of downtime in any given calendar month, not including downtime for the exceptions set forth below. At the customer's request, Kerio will calculate the unavailability within a calendar month. This consists of the number of minutes that the network was not available online, but will not include unavailability which is not reported within five days, or any unavailability resulting from Scheduled Maintenance, customer initiated maintenance, or the other exceptions set forth below.

Credit

Each month consisting of less than 99.8% uptime (i.e., greater than 86.4 minutes of downtime, not including exceptions) will result in credit of the services fees, applicable to the next calendar month's fees.

Customer accounts in arrears are not eligible for any SLA credit.

Uptime Percentage Credit Received

99.8% and above Guaranteed, Monthly Free Credit = 0%

99.7% - 95%, Monthly Fee Credit = 5%

94.9% - 90%, Monthly Fee Credit = 20%

89.9% - 80%, Monthly Fee Credit = 50%

79.9% and below, Monthly Fee Credit = 100%

Client shall not receive any credits under this SLA in connection with any failure or deficiency of Availability caused by or associated with:

• Circumstances beyond Kerio’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, denial of service attacks, hackers, viruses, failure of third party software (including, without limitation, ecommerce software, payment gateways, chat, statistics or free scripts), or inability to obtain raw materials or supplies used in or equipment needed for provision of this SLA;
• Scheduled maintenance and emergency maintenance and upgrades;
• DNS issues outside the direct control of Kerio;
• Issues with FTP, POP, IMAP, or SMTP Client access;
• False SLA breaches reported as a result of outages or errors of any Kerio measurement system;
• Client's acts or omissions (or acts or omissions of others engaged or authorized by Client), 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 Kerio’s Terms and Conditions and Acceptable Use Policy;
• E-mail or webmail delivery and transmission;
• DNS (Domain Name Server) Propagation;
• Outages elsewhere on the Internet that hinder access to your account. Kerio is not responsible for browser or DNS caching that may make Client's Services appear inaccessible when others can still access it. Kerio will guarantee only those areas considered under the control of Kerio: Kerio server links to the Internet, Kerio routers, and Kerio servers;
• Failures of client hardware
• In order to receive your credit you must do the following: To receive a credit for a breach of this SLA, the Client must make a request in writing by submitting a support ticket through the customer portal. The ticket MUST include the Client's account number, the date & time(s) of breach of the SLA, and the ticket must be submitted by an authorized contact on the account. Requests for credit must be properly submitted according to these terms and received by Kerio within seven (7) business days after the breach occurred. If the breach is confirmed by Kerio, credits will be applied within two billing cycles after Kerio’s validation of the Client's credit request. Credits are not refundable and can be used only towards future billing charges.

Periodic Review Process:

• The environment has changed.
• The customer’s expectations and/or needs have changed.
• Workloads have changed.
• Better metrics, measurement tools and processes have evolved.

Contents of this document may be amended at any time at the sole discretion of Kerio Technologies.

Notwithstanding anything to the contrary herein, the total amount credited to Client in a particular month under this SLA shall not exceed the total fees paid by Client for such month for the affected Services. Credits are exclusive of any applicable taxes charged to Client or collected by Company and are Client's sole and exclusive remedy with respect to any failure or deficiency in the Availability of Client's Services.