SERVICE LEVEL AGREEMENT (SLA)

Pursuant to the Terms of Service Núna ehf. (“Núna”), hereby provides Customer with the following Service Level Agreement (“SLA”). Unless otherwise defined herein all capitalized terms will have the meaning set forth in the Terms of Service. The Terms of Service are hereby incorporated by reference.

1. Service Level Commitment

Núna will use commercially reasonable efforts to ensure the availability of Service and will attempt to maintain ninety-nine point nine nine nine percent (99.999%) availability (“Service Availability”). Núna offers Customers a credit for Service Availability lapses in Service Availability as set forth in Section 2 below (“Performance Credit”). Service Availability is measured twenty-four (24) hours a day and seven (7) days a week in each calendar month.

2. Performance Credit

5% of Monthly Service fees – Credited for 99.99% to 99.998%
10% of Monthly Service fees – Credited for 99.9% to 99.98%
25% of Monthly Service fees – Credited below 99.9%

Notwithstanding the foregoing, in no calendar month will the credit exceed twenty-five percent (25%) of the monthly Service charge for the affected month.

3. Performance Credit Procedure

Customer must submit a written Performance Credit request to Núna within ten (10) business days of the applicable lapse in Service Availability. Customer’s Performance Credit request must contain Customer’s name and/or account number, the date(s) and time(s) of the lapse(s) in Service Availability, and other relevant identification required by Núna to validate Customer’s Performance Credit request. Performance Credit eligibility shall be determined in Núna’s sole discretion. If approved, Núna will accordingly apply the applicable Performance Credit to Customer’s next monthly invoice.

4. Performance Credit Eligibility Exclusions

  1. Outages caused by Customer-provided application software installed on Núna Servers
  2. Outage caused by delay or interruption in telecommunications provided by 3rd party services, including Domain Name System propagation service
  3. Outages caused by any event or condition not wholly within the control of Núna, including without limitation, acts of any governmental body, war, insurrection, terrorism or embargo
  4. Outages during Customer scheduled or emergency maintenance events
  5. Outages caused by negligence, willful misconduct or inaction of Customer or Customer’s customer(s)
  6. Outages caused by inability to obtain equipment or services needed for the provisioning of additional Services
  7. Any excluded hardware and software as defined in the applicable agreement
  8. A single-server (”development cloud” or single dedicated server)
  9. Customer misuse of Services

5. Scheduled Maintenance

Services will be unavailable during scheduled or emergency maintenance events. Núna will provide Customer with seventy-two (72) hours advance notice for scheduled maintenance events. Scheduled maintenance will be performed during off-peak hours (generally Sundays starting at 14:00 (2pm) Coordinated Universal Time (UTC) and lasting up to twelve (12) hours. Núna in its sole discretion will determine whether to provide Customer notification in an emergency maintenance situation. All maintenance notifications from Núna will be provided to Customer’s designated point of contact. Scheduled outages will not be counted in measuring Service Availability. Scheduled maintenance may vary based on Customer’s Service selections. Núna will work with Customer to accommodate Services that require non-standard scheduled maintenance times.

6. Incident Report

Customer shall immediately notify Núna of Service unavailability at alerts@nunaehf.is and Núna Support will work with Customer to determine the cause for such unavailability and will use reasonable efforts to restore Services to Customer. Customer shall work with Núna to provide all necessary information to resolve any issues associated with restoration of Services.