Service Level Agreement

1. Purpose

This Service Level Agreement ("SLA" or "Agreement") describes the terms and conditions that apply to the commitments made by ST Telemedia Cloud Pte. Ltd. ("Quantum") in respect to the provisioning and delivery of services provided by Quantum (collectively the "Services").

2. Definitions

The following defined terms apply to this Service Level Agreement ("SLA"). Capitalised terms not defined below have the meanings ascribed to them in the Quantum Terms of Use, Managed Service Agreement, or other similar written agreement between parties, as applicable ("Agreement").

• "Actual Monthly Uptime Percentage" is equal to (A - B + C) / A, where:
  • A is the Total Monthly Time (defined below)
  • B is the Unavailable Monthly Time (defined below); and
  • C is the Excluded Monthly Time (defined below).
• "Monthly Uptime Percentage Threshold" means the percentage listed in the table below under the heading "Monthly Uptime Percentage Threshold".
• "Unavailable Monthly Time" means the number of minutes in the applicable calendar month during which the Services were unavailable for use.
• "Actual Time to Resolution" is equal to A - B - C, where:
  • A is the Total Incident Response Time (defined below)
  • B is the Total Incident Pending Time (defined below); and
  • C is the applicable portion of Excluded Monthly Time (defined below)
• "Total Incident Response Time" means the number of minutes between the point in time at which an incident was created (either automatically or manually) and the point in time at which that incident was deemed resolved by Quantum.
• "Total Incident Pending Time" means the number of minutes an incident cannot be actioned by Quantum because it is pending additional information, action, or other input from you.
• "Actual Initial Response Time" is equal to A - B, where:
  • A is the Initial Response Time (defined below); and
  • B is the applicable portion of Excluded Monthly Time (defined below)
• "Initial Response Time" means the number of minutes between the point in time at which an incident was created and the point in time at which Quantum's first response to that incident was posted.
• "Actual Update Interval" means the time span for each incident between updates provided by Quantum.
• "Maximum Initial Response Time" means the time span listed in the table below under the heading "Maximum Initial Response Time".
• "Maximum Update Interval" means the time span listed in the table below under the heading "Maximum Update Interval".
• "Maximum Time to Resolution" means the time span listed in the table below under the heading "Maximum Time to Resolution".
• "Service Credit" means the monetary credit that Quantum will credit to a Customer's eligible account, the calculation of which is provided in the tables below for each of the following scenarios:
  • the Actual Monthly Uptime Percentage is less than the Monthly Uptime Percentage Threshold;
  • the Actual Time to Resolution for any incident is greater than the Maximum Response Time value corresponding to the priority of that incident; or
  • the Actual Initial Response Time for any incident is greater than the Maximum Initial Response Time value corresponding to the priority of that incident.
  For any and all scenarios, the total Service Credit amount shall not exceed the price paid by you for the Services. Service Credit amounts will be the lesser of the calculated amount based on the calculations provided below or the invoiced amount of the affected Services for the service period in which the SLA claim is being made.
• "Business Days" means Monday through Friday in Singapore Standard Time (SGT).
• "Service Level Objective" (or "SLO") means a performance target which Quantum strives to satisfy, but for which no Service Credit is payable should it be breached.

Service Availability

Incident Response

3. Service Commitments

1. If, during any month throughout the Term, the Actual Monthly Uptime Percentage falls below the Monthly Uptime Percentage Threshold, then Customer will be eligible to receive a Service Credit, subject to Customer's compliance with Section 4 below.
2. If, at any time throughout the Term, any of the Customer's incidents' Actual Time to Resolution exceeds the Maximum Time to Resolution, then Customer will be eligible to receive a Service Credit, subject to Customer's compliance with Section 4 below.
3. If, at any time throughout the Term, any of the Customer's incidents' Actual Update Interval exceeds the Maximum Update Interval, then Customer will be eligible to receive a Service Credit, subject to Customer's compliance with Section 4 below.
4. If, at any time throughout the Term, any of the Customer's incidents' Actual Initial Response Time exceeds the Maximum Initial Response Time, then Customer will be eligible to receive a Service Credit, subject to Customer's compliance with Section 4 below.

4. Credit Request and Payment Procedures

To receive a Service Credit for Services, Customer must submit a request to Quantum through the Quantum Help Center, available at https://help.quantum.security/, within thirty (30) days from the last day of the calendar month in which Customer claims Quantum failed to meet or exceed any Service Commitments. Availability of Quantum's Services are measured by a third party provider of performance and monitoring services (the "Monitoring Service"), that issues uptime reports, available at https://status.quantum.security/. Quantum will adjust the Monitoring Service's uptime results as necessary to account for any Excluded Monthly Times. All submissions must include:

1. "SLA Claim" as the subject of the ticket;
2. the dates and times of Unavailable Monthly Time (for service availability claims)
3. the incident ID for which a claim is being made (for incident response claims)

Each Service Credit will be applied to future amounts payable by Customer to Quantum for the Services. No refunds or cash value will be given. Should an SLA claim be made after the Term of the Customer's contract, but otherwise in compliance with the other requirements listed in this section, a credit balance will be kept for the Customer for any subsequent contract terms.

5. Planned and Emergency Maintenance

From time to time, Quantum may be required to perform periodic planned or emergency maintenance including, without limitation, feature updates, bug fixes, and security patches. Quantum will notify you of any maintenance period in which interruptions of Services are expected. Notifications will be based on the preferences you've configured and are additionally available at https://status.quantum.security/.

Quantum will strive to provide notifications to Customers with sufficient advanced warning on an SLO-only basis, with the following targets:

6. Excluded Monthly Times

Notwithstanding any provision in this Agreement to the contrary, no Unavailable Monthly Time will be deemed to have occurred if downtime:

1. is caused by factors outside of Quantum's reasonable control, including, without limitation, telecommunications provider-related problems or issues, Internet access or related problems occurring beyond the point in the network where Quantum maintains access and control over the Services, or cloud service provider-related problems or issues;
2. results from any actions or inactions of Customer or any third party (except for Quantum's agents and subcontractors);
3. is caused by applications, equipment, or other technology provided by the Customer or any third party;
4. occurs during any maintenance period described in Section 5;
5. results from the use of alpha, beta, developer preview, or otherwise non-production features of the Services; or
6. periods of Unavailable Monthly Time that are less than five (5) minutes of continuous unavailability in duration;

collectively, the "Excluded Monthly Times".

7. Entirety of SLA Liability

With respect to any failure of Quantum to meet the above described performance targets of the SLA, as applicable, this Agreement states Quantum's sole and entire liability to Customer and Customer's sole remedy.