SERVICE LEVEL AGREEMENT FOR FPT HI GIO CLOUD INFRASTRUCTURE SERVICE

Service level agreement of FPT HI GIO CLOUD ("SLA") is the agreement between FPT International Telecom Company Limited (“FTI”) and Customer who agrees to use FPT HI GIO CLOUD services

I. Usage article

• FTI and Customer agree to- and comply with the terms and conditions under this SLA.
• This SLA only applies to FPT HI GIO CLOUD services but not applies to other services of operation support, including but not limited to ADSL service or Voice service.
• To comply with the law, FTI may, in its sole discretion, update, modify this SLA from time to time. FTI will notify Customer of such changes at least seven (07) days in prior.
• In case if there is any conflict between the SLA and the provisions of the Contract, this SLA shall prevail to govern, except for such conflict is stipulated that the Contract shall prevail to govern and it is agreed by both Parties.

II. Definitions

• FTI means FPT International Telecom Company Limited (FTI) with its registered office at 1st Floor, Unit 29B-31B-33B Tan Thuan Street, Tan Thuan EPZ, Tan Thuan Dong Ward, District 7, HCMC, Vietnam.
• Customer means a legal person who signs the agreement to use FPT HI GIO CLOUD Infrastructure Service of FTI.
• User means Customer who declared and granted the account, password to access and use the online service at https://higio.net by Customer, including but not limited to personnel, IT staffs, accountants and managers, etc.
• FPT HI GIO CLOUD means the infrastructure cloud service under the brand name “FPT HI GIO CLOUD” that is provided by FTI.
• Contract is the Contract On Cloud Infrastructure Service or in FPT HI GIO CLOUD Service Terms and Conditions that FTI and Customer have agreed to enter.
• Applicable monthly period means actual calendar days when the service credits are used from the date that Customer starts using this Service.
• Applicable monthly period means the total fees of the service that was actually used by Customer in a billing period.
• Downtime means the total accumulated Maximum Available Minutes that have no Hypervisor Availability in a calendar month. This Downtime does not include the Scheduled Downtime.
• Scheduled Downtime means period of Downtime related to network, hardware, maintenance, upgrade of service or request of the government authorities . FTI will publish or notify Customer at least three (03) days or forty-eight (48) hours for emergency situations prior to the commencement of such Downtime.
• Maximum Available Minutes means the total accumulated minutes during a billing month for all Virtual Machines. Maximum available minutes are measured from the time of the creation of the first virtual machine to the time Customer has terminated the last virtual machine.
• Malicious code means viruses, worms, time bombs, trojan horses and codes, files and other malicious or unprofitable programs.
• Incident means the event which is out of control of FTI, is occurred within the Downtime.
• Information management portal means the website interface provided by FTI, where Customer can manage the service.
• Service level means the performance indicator of the service under this SLA, which FTI agrees to meet in providing the services.
• Usage minutes means the total number of minutes in a month, deducted the Scheduled Downtime.
• Virtual machine means type of persistent instances with a determined Availability which Customer registers to use. Availability is defined in Article 6.
• Peripheral connections means a two-way data flow network based on support protocols such as HTTP and HTTPS that can be sent and received from a public IP address.
• Hypervisor availability means the availability of power supply to Virtual machines that Customer created by practical method.

III. Claims

• In case of a claim, Customer shall submit the claim information in writing or via email to FTI. The claim information shall have the content as follows: (i) the title of the claim shall be “Claim for indemnity relating to the SLA commitments”; (ii) Customer name; (iii) Time and date of no Hypervisor Availability; (iv) Hostname and IP address of the affected virtual machine; and (v)log fault or screen capture of fault.
• For any claim relating to FPT HI GIO CLOUD, FTI shall receive it within 60 (sixty) days from the date when the event occurs, which is mentioned in the claim notification.
• FTI will evaluate all available information reasonably and make a good fair decision. FTI will use reasonably commercial efforts to handle the claims within forty-five (45) days of receipt of required information.

IV. Cases do not guarantee the quality of service

FTI shall not guarantee the quality of service and/or Service level, which is affected by the following causes:

• Due to factors which are out of FTI’s reasonable control, such as natural disasters, war, terrorism, riots, fires, explosions, malicious code infection, error codes, government action or a network or device failure which is outside of FTI’s data centers, including at Customer’s site or between Customer’s site and FTI’s data center);
• Caused from the use of services, hardware, or software, which is not provided by FTI under the FPT HI GIO CLOUD service, including but not limited to issues arising from inadequate bandwidth or software or related services of third party;
• Due to the unauthorized activity or lack of necessary actions from employees, agents, contractors or any suppliers of Customer or any entity, who has the access right to FTI network by using passwords or Customer’s devices or Customer’s fault in revealing passwords.
• If Customer does not adhere to the guidelines or recommendations for the use of FTI.
• If Customer try to perform activities exceed the stipulated limitations or control of the FTI for the behavior suspected to be an abuse.
• In case of that is the result of an attack, accident or mechanical impact at the External connectivity.
• Software is not provided by FTI and FTI shall be exempted from responsibilities of intellectual property for such software.
• Base servers that are down due to customer shutdowns of base server operating systems regardless of intention or negligence.
• If information management portal is down.

V. Indemnity

If the service is not satisfactory and not maintained at the levels as described under this SLA, Customer may be entitled to be compensated an amount. This amount will be added to Customer’s account balance to use in the next billing period. The compensation amount is not refundable and transferable or applicable to other accounts.

VI. Commitment

• FTI guarantees that Customer will have at least 99.99% of the Hypervisor Availability. In sum, the applicable service level for the use of virtual machines of Customer:
  MONTHLY UPTIME PERCENTAGE 99,99%
• Monthly uptime percentage
  Monthly uptime percentage = (Maximum Available Minutes - Downtime)/(Maximum Available Minutes)
  In there, Maximum Available Minutes is counted per each subscriber using FPT HI GIO CLOUD in a month.

VII. Technical support:

FPT International Telecom Company Limited – Technical support department.

All support information is published on the management web portal.