Service Level Agreement

BIG BAND agrees to and shall provide the Services to the Equipment in the Space in accordance with this Service Level Agreement. Capitalized terms not defined herein shall have the same meaning as in the SOF and the Agreement:

Data Center Power and Cooling Service Level Availability
Cyberjaya1 offers the highest quality in facilities and infrastructure. Customers are ensured with a Service Level Availability of 99.9% for critical power and air-conditioning in the data center. The Data Center is equipped with a Centralized Building Automation System and has a 24 x 7 Support Operation Centre (SOC) monitoring system.

1.1 Power supply availability: 99.9% (less than 45 minutes of downtime in a month)

a. Service level availability on power refers to outage of both power supply made available to the Data Center space

b. Any fault, interruption, or performance degradation of the Service shall NOT constitute as a breach of the Service Level Availability, if it is caused by any of the following events:-

i. defect or failure in Customer’s equipment,

ii. the actions and/or negligence of the Customer’s, personnel’s, agents and/or servants which had resulted in the Customers equipment failure; or

iii. Customer’s mis-configuration of power or cooling infrastructure

1.2 Air-conditioning availability: 99.9% (less than 45 minutes of downtime in a month)
The data center is installed with building management system (BMS) and temperature sensors. The data center temperature is monitored at a permissible temperature range of 24°C (± 2°C).

1.3 Service Response Time
BIG BAND intention is to provide uninterrupted power to the Equipment in the Space; however, events occur from time to time that may interrupt the power delivered to the Equipment in the Space. If Customer experiences an interruption in power delivery to the Equipment in the Space (a “Power Interruption””Power Interrupt Percentage Credit”). Notwithstanding the foregoing, if a Power Interruption is caused by one or more events of Force Majeure or by the Customer exceeding 80% of a circuit breaker’s rating under continuous load, the Customer shall not be entitled to a Power Interrupt Percentage Credit. The Power Interrupt Percentage Credit shall be based on the following schedule:

a. Per 15 Minutes of downtime: One hour of the Monthly fee allocable to the specific impacted power circuit.

b. Power Interrupt Percentage Credits are not cumulative from month to month and apply only to the month in which the Power Interruption occurred. Customer shall not receive during any month of the Term hereof a Power Interrupt Percentage Credit, which cumulatively exceed 100% of the monthly Fee allocable to the power circuit(s) affected in the Space. Where possible, BIG BAND will provide Customer with directed remote hands-services (without charge) to power up affected Equipment on a best effort basis.

1.3.2 Network Uptime
“Network Uptime” (only applicable when BIG BAND provides Internet Access) BIG BAND guarantees that the network will be available 100% of the time in a given month excluding scheduled maintenance. In the event of interruption of internet excess, BIG BAND shall compensate by way of credit hours against the lost due to downtime (up to 100% of Customer’s monthly Internet Access fee). Network uptime includes functioning of all network infrastructure including router, switches and cabling. Network downtime exists when a particular customer is unable to transmit and receive data and BIG BAND records such failure in the BIG BAND system.

1.3.3 Mean Time to Response
“Mean Time To Response” shall mean the elapsed time from the time trouble is reported (by email, facsimile or telephone, to the contact person designated by Big Band) and to the time Big Band’s staff acknowledge receipt of the trouble report.

1.3.4 Mean Time to Repair
“Mean Time To Repair” shall mean the elapsed time from the time trouble was reported by Customer to the time trouble was eliminated, provided that (a) the trouble is with a third party outside of Big Band’s control; and (b) Big Band is making its best efforts to expedite the repair, then such time to repair the trouble will not be included in the mean time to repair.

1.4 Data Center Maintenance Frequency

1.5 Schedule Maintenance and Outage
NTT MSC may from time to time perform routine facilities maintenance which customer may not necessarily be informed. However, NTT MSC shall provide customer with seven (7) days’ notice prior to any maintenance works that may cause an impact to the service downtime.