Servers Support and Maintenance Service Level Agreement

I. AGREEMENT OVERVIEW

This Agreement represents a Service Level Agreement (“SLA” or “Agreement”) between Zhmurko Systems and Customer for the provisioning of IT services required to support and sustain the product or service.

This Agreement remains valid until superseded by a revised agreement mutually endorsed by the stakeholders.

This Agreement outlines the parameters of all IT services covered as they are mutually understood by the primary stakeholders. This Agreement does not supersede current processes and procedures unless explicitly stated herein.

II. CUSTOMER SUPPORT

All equipment owned and/or managed by Zhmurko Systems is directly monitored from our Network Operations Center (“NOC”). The Zhmurko Systems NOC is staffed 24 hours per day, 7 days per week, 365 days per year. Immediate corrective action will be taken upon the failure of any circuit and/or Zhmurko Systems owned equipment in order to resolve a Service Outage.

Zhmurko Systems shall attempt to notify Customer’s designated representative within thirty minutes (30) of a Service Outage. Customer will be notified via phone call, email or pager. Customer is solely responsible for providing Zhmurko Systems accurate and current contact information for Customer’s designated points of contact.

Customers who believe they are experiencing a Service Outage should immediately call Zhmurko Systems’s Customer Support staff at +38-093-252-99-56 for access to 24 X 7 X 365 assistance.

Severity Level Definitions

“Severity 1” is defined as the Business is critically impacted, site, application hardware is inoperable

“Severity 2” is defined as the Business is affected, but can still function.

“Severity 3” is defined as there is little to no impact to the business, resolution can be scheduled.

III. ISSUE ESCALATION

If you are unable to resolve a technical support issue within the parameters outlined in this Service Level Agreement, contact Zhmurko Systems’s Customer Support Director at [email protected] regarding your concerns. The Customer Support Manager will review your concerns, investigate, and respond to you within one business day. As issues may be complex or require extensive investigation, this one business day response time does not imply that a resolution is guaranteed within one business day.

IV. SERVICE AVAILABILITY

Zhmurko Systems is committed to providing the highest quality service to all customers. To support this commitment, Zhmurko Systems gives the following service level guaranties and observes the following schedule of penalties for any failure to meet those guaranties

Network Availability

Zhmurko Systems guarantees 99.99% Backbone Network Uptime with at least 99% sustained packet throughput based upon a 95% sampling. Network availability is the ability of a client to access the Zhmurko Systems Backbone Network. The Backbone Network consists of Zhmurko Systems’s core routers and core switches and does not include client supplied switches. A Service Outage shall be defined as packet loss in excess of 20% for fifteen (15) consecutive minutes or one that exceeds 1.5% for two hours or more.

Scheduled Downtime

Customer will be notified, at least 24 hours in advance, of routine, required system maintenance and upgrades that are conducted on a periodic basis.

Time Based SLA for Managed Services

Zhmurko Systems’s Network Operations Center staff will respond to incidents based upon the Severity Level assigned. Severity Level Definitions are included in Section II of this SLA. The following outlines the response and escalation for each Severity Level.

Response for Severity 1 – Severity 1 Incidents will be logged in Zhmurko Systems’s system with a Case assignment to a technician and notification (via phone call, email or pager) within ten (10) minutes of a Case being opened.

Escalation: Ticket is immediately assigned to a Level III Technician. If the Level III Technician is unable to resolve the issue within a one-hour timeframe, the issue is escalated to a Level IV Technician and Sr. Management is notified.

Response for Severity 2 – Severity 2 Incidents will be logged in Zhmurko Systems’s system with a Case assignment to a technician and notification (via phone call, email or pager) within thirty (30) minutes of a Case being opened.

Escalation: Ticket is immediately assigned to a Level II Technician. If the Level II Technician is unable to resolve the issue within a two-hour timeframe, the issue is escalated to a Level III Technician during normal business hours (M-F 8:00AM GMT+2 to 6:00PM GMT+2).

Response for Severity 3 – Severity 3 Incidents will be logged in Zhmurko Systems’s system with a Case assignment to a technician and notification (via phone call, email or pager) within twenty four (24) hours of a Case being opened.

It is Zhmurko Systems’s goal to remedy any urgent incident within the shortest time frame possible.

Patch Management

Zhmurko Systems’s goal is to apply critical Operating System patches in the month that they are released. Gold and Platinum (formerly known as Tier 2 & 3) managed services packages include patch management software that enables both automated and manual patching. Alternatively, you could choose to allow Zhmurko Systems to set your Microsoft server(s) to automatically update your patches when they are released. In our opinion, the automatic update of patches for servers is not recommended. If you choose for this approach, Zhmurko Systems will require that you sign a special release form (The Zhmurko Systems Automatic Patch Authorization Form).

If a server re-boot is required for installation of a patch Zhmurko Systems shall notify customer 24 hours in advance of the patch installation and will proceed with the scheduled installation unless we are specifically instructed not to. The exception to this is when the customer opts for automatic updates, in which case, Zhmurko Systems will notify customer prior to a server re-boot.

We understand that it may be necessary, due to the importance of your configuration, for the customer to test patches or apply them independently using your employees or agents. Customers who do not want patches installed must notify Zhmurko Systems within the 24 hour notification period.

Customer acknowledges that (i) if customer chooses to reject any security fix or patch, regardless of the reason, Zhmurko Systems shall have no liability for security breaches or attacks of any kind related to the absence of such fix or patch on customer’s server, (ii) if customer applies any security fix or patch incorrectly, Zhmurko Systems shall have no liability for security breaches or attacks of any kind related to your application of such patch on your server, (iii) Zhmurko Systems does not guarantee that vendor supplied patch will perform as prescribed, (iv) Zhmurko Systems does not guarantee that the application of a vendor supplied patch will not cause other adverse technical difficulties.

If Zhmurko Systems installs a vendor supplied patch that does cause a problem, the effort associated with rolling back or otherwise repairing the damage caused by said patch would be billed on a time and materials basis at our standard hourly rates

Zhmurko Systems shall not be liable for any indirect, incidental, special or consequential damages, or for any loss of profits or loss of revenue resulting from (i) the use of the company’s services and products by customer or any third parties or (ii) the actions of any third party who executes a security exploit even if the company has been advised of the possibility thereof.

System Administrative Access

Zhmurko Systems shall have sole root access (privileged access with authority to perform system-level functions or security administration) for all Base Components, Customer may request in writing, through the Customer Support, the granting of temporary administrative rights after the Customer environment has been turned over to Zhmurko Systems for monitoring. While Customer has administrative rights, the SLA provisions will be suspended.

Remedy for Service Outages

For each cumulative hour (or fraction thereof) of Service Outage in any calendar month, at Customer’s request Customer’s account may be credited for the pro-rated charges for one day of the Zhmurko Systems Monthly Service Fee. Pro-rated daily credits are limited to one full day’s credit per 24-hour service period, up to an aggregate maximum of ten (10) full day’s credit per calendar month.

To receive credit for a Service Outage, Customer must have reported the Service Outage event within 48 hours of occurrence. Customer must send a request with your account username, including all dates and times of server unavailability, to [email protected], in the month immediately following the month for which the credit is requested. Zhmurko Systems will then compare the information provided by you to the server availability monitoring data Zhmurko Systems maintains and notify you of the issuance of any credit. A credit is issued if the unavailability warranting the credit is confirmed by Zhmurko Systems’s server monitoring data.

Customer’s request for Service Level Agreement credit is subject to review and verification by Zhmurko Systems. Upon approval, a credit will be issued against Customer’s account, for application against Customer’s next outstanding invoice for Service.

Exclusions
Zhmurko Systems is not responsible for any Service Outage caused by the following:

• Outages associated with Scheduled Downtime;
• Outage due to problems with Customer provided Content or Customer programming errors including, but not limited to, Content installation and integration;
• Outage due to system administration, commands, or file transfers performed by Customer or Customer representatives;
• Outage due to work performed at Customer request (for example Additional Technical Assistance);
• Other activities Customer directs, denial of service attacks, natural disasters, changes resulting from government, political, or other regulatory actions or court orders, strikes or labor disputes, acts of civil disobedience, acts of war, acts against parties (including carriers and third party vendors), and other force majeure items;
• Lack of availability or untimely response time of Customer to respond to incidents that require its participation for source identification and/or resolution, including meeting Customer responsibilities for any prerequisite Services;
• Outage due to any hardware or software failure other than Zhmurko Systems’s Core Network Infrastructure;
• Outage for any Base Component that is not utilizing a current vendor supported Operating System;
• Outage due Customer denial of recommended software patches, hardware and/or operating system changes;
• Outage due to Customer breach of its material obligations under their hosting agreement; and
• Periods where Customer may have been granted System Administration rights.

Commencement of Service Level Agreement

Zhmurko Systems will exercise commercially reasonable efforts to meet the SLA Targets. Notwithstanding the foregoing, Customer shall not be eligible for a Service Credit until the first full calendar month following the Customer Production Ready Date for Services for a particular Customer.

V. OPTIONAL SERVICES

Zhmurko Systems offers managed tape backup and managed security as optional services. The following outlines the standard services and corresponding Service Level Agreement for customers that opt for these services.

Managed Tape Backup

Managed Tape backup includes a full backup on weekends and incremental backups on a Monday thru Thursday basis.

Emails are sent to our backup administrator detailing backup completions, failures and status. These messages can also be sent to a designated mailbox of the customer’s choosing (not available in the Shared Backup Infrastructure).

One week of backup is stored onsite and the service level agreement calls for commencement of requested restores within four hours of the request for onsite data. Off-site data can be retrieved the following morning or within four hours provided customer agrees to payment of an expedite fee.

Restores will incur additional charges on a per incident basis, unless otherwise stated in the customer contract. Backups are date stamped so we can retrieve from any date for a four-week period (tapes are over-written after the four week period). Customers can request weekly, monthly, quarterly or annual archive for an additional fee.

Managed Security

POLICY CHANGES – Zhmurko Systems’s goal is to begin implementation of policy changes (firewall or VPN) within four (4) hours of validation of the policy change and to complete said changes with twenty (24) hours of the validation. Policy changes are limited to four (4) per month for managed network and security devices. Requests for policy changes in excess of these limits will incur additional charges on a per incident basis, unless otherwise stated in the customer contract.

IOS UPGRADES – As a part of this service, Zhmurko Systems will perform Cisco IOS upgrades on all managed security devices. Upon customer request, Zhmurko Systems will work with customer to evaluate available IOS upgrades and schedule the activity to complete the approved upgrade.

LOGFILES – Zhmurko Systems will store and backup (see tape backup above) up to 1GB of firewall log files. Logfile restores are subject to tape backup Service Level Agreement.

VI. CUSTOMER RESPONSIBILITIES

In support of Zhmurko Systems’s effort to meet this Service Level Agreement, the Customer agrees to provide the following;

• Accurate and up to date contact information
• Defined escalation path
• Timely responses to Zhmurko Systems requests
• A valid operating system license and/or subscription for the length of the support contract.
• Current vendor maintenance agreements or support contracts for all managed Base Components.

VII. AMENDMENTS

Zhmurko Systems reserves the right to modify the terms of this Service Level Agreement as circumstances warrant.