Service Level Agreement

This Service Level Agreement sets out the specifications and performance metrics such as applicable Service Levels, response times, service windows and availability of the Services provided by HZ Hosting Ltd. In addition this document describes the Service Credits that CUSTOMER may be eligible to in case HZ Hosting Ltd does not meet the performance metrics set forth herein. This document together with the documents and policies made available on the following website: http://hostzealot.com are also part of the Agreement and apply to the Services and any Equipment provided by HZ Hosting Ltd.

1 SUPPORT

1.1. HZ Hosting Ltd shall provide bi-lingual (English and Russian) CUSTOMER support service. HZ Hosting Ltd will maintain support personnel actively on duty 24 hours per day, every day of the year.

1.2. HZ Hosting Ltd shall in no event be obliged to provide any support related services to End Users.

1.3. CUSTOMER may initiate a request for Support or Remote Hands Services, or report a Service Disruption (a “Support Request”) to the CUSTOMER support service via the Customer Portal or email. A Support Request must include the following information: (i) type of Service, (ii) company name, (iii) name and number for immediate contact with the CUSTOMER, (iv) a clear, detailed and unambiguous description of Support or Remote Hands Services requested, and (v) a detailed description of the Service Disruption (if applicable). HZ Hosting Ltd may refuse a Support Request if it is not able to establish that the Support Request is made by the person authorized thereto in the Customer Portal. CUSTOMER must be able to confirm all Support Requests it makes by way of phone, email or IM (if applicable).

1.4. Table 1 below sets forth the Response Time (the “Response Time Target”) for (a) any Service Disruptions that have been reported by CUSTOMER to HZ Hosting Ltd in accordance with Clause 1.3. above, and (b) any request for Support Service or Remote Hands Service to be performed in accordance with Clause 1.3. above. The Response Time Targets depends (i) for Colocation Services, on the applicable Remote Hands level, and (ii) for any other Services, on the applicable Service Level.

Table 1: Response Time Target

1. Remote Hands/Service Level Response time target
2. Basic 12 hours
3. Silver 4 hours
4. Gold 1 hour
5. Platinum 30 minutes

1.5. In the event HZ Hosting Ltd does not respond within the applicable Response Time Target, CUSTOMER shall be eligible to receive a Service Credit (the “Response Time Credit”) for every full one (1) hour in excess of the maximum Response Time Target equal to 2% of the Monthly Recurring Service Level Charge or the Monthly Recurring Remote Hands Charge (as applicable) for the respective month for the Service or Equipment affected by the Service Disruption or for which Remote Hands Services were requested (as applicable). If CUSTOMER does not pay a Monthly Recurring Service Level Charge or Monthly Recurring Remote Hands Charge (as applicable), then CUSTOMER shall not be eligible to any Response Time Credit.

1.6. CUSTOMER shall ensure that it will at all times be reachable by way of phone, email or IM (if applicable), specified in the Customer Portal. No Response Time Credit shall be due in case the CUSTOMER is not reachable.

1.7. The maximum amount of Response Time Credits that a CUSTOMER may be eligible to in a particular month, shall be limited to 50% of the Monthly Recurring Service Level Charge or the Monthly Recurring Remote Hands Charge (as applicable) for the respective month for the CUSTOMER’s Service or Equipment affected by the Service Disruption or for which Remote Hands Services were requested (as applicable).

1. SERVICE LEVEL

1.1. In connection with Dedicated Equipment, CUSTOMER may choose a Service Level. The Quote/Order Form/Order Confirmation shall set forth the chosen Service Level. The Service Level will determine:

a) Response Times;

b) in connection with lease of Dedicated Equipment only, the Equipment Replacement Target.

1.2. When no Service Level has been chosen by CUSTOMER, the “Self-managed service” Service Level shall apply by default.

1.3. CUSTOMER may, at any time during the Term, request an upgrade of its Service Level. Article 5 of the General Conditions shall apply to such upgrade request. The chosen Service Level may only be downgraded at the end of the Initial Term or any renewal term (as applicable).

1.4. The Service Level shall only apply to the Services and/or Equipment for which the Service Level was purchased (as identified in the Quote/Order Form/Order Confirmation).

2. SUPPORT SERVICES

2.1. In connection with Dedicated Equipment, HZ Hosting Ltd shall upon request of CUSTOMER, provide to CUSTOMER the following Support Services (the “Support Service” or “Support Services”) free of charge:

a) in connection with lease of Dedicated Equipment only, HZ Hosting Ltd will perform an Equipment check to test the integrity of the memory modules and hard drives;

b) in connection with lease of Dedicated Equipment only, HZ Hosting Ltd shall replace defective Equipment in accordance with Article D below. Target replacement time is for Linux based machines/basic OS configuration (Windows OS and/or custom OS configuration time is estimated individually);

Article D

1. Configuration type Replacement time target
2. Standard configuration 4-8 hours
3. Custom configuration 24-120 hours

c) in connection with Dedicated Equipment only, HZ Hosting Ltd will (i) use commercially reasonable efforts to restore the OS originally installed by HZ Hosting Ltd to an operational state in cooperation with CUSTOMER (i.e. repair bootloader), or (ii) should it reasonably not be possible to restore the OS originally installed by HZ Hosting Ltd to an operational state, use commercially reasonable efforts to reinstall the OS. For the avoidance of doubt, HZ Hosting Ltd shall in no event be responsible or liable for any loss of data, databases or technology related to a malfunction of the OS or the restoration or reinstallation of the OS;

d) in connection with Dedicated Equipment only, HZ Hosting Ltd will provide root password resets;

e) in case of Web Hosting Services only, HZ Hosting Ltd will provide web hosting control panel and FTP password resets;

f) HZ Hosting Ltd will provide correction of Network issues to restore IP Connectivity.

An up to date summary of free of charge Support Services will be made available on the following website: http://hostzealot.com, or can be requested with the sales department of HZ Hosting Ltd.

2.2. CUSTOMER may also request HZ Hosting Ltd to perform support other than the Support Services in relation to Dedicated Equipment. This support may include providing troubleshooting, consultancy services, technical expertise, setup and configuration of application servers and clusters (including web and database servers and clusters), OS updates, performance tuning, DNS services, firewall setup, and load balancing setup.

2.3. HZ Hosting Ltd may accept or decline CUSTOMER’s request for the support mentioned in Clause 2.2 above in its sole discretion. In case HZ Hosting Ltd declines CUSTOMER’s request, CUSTOMER shall be solely responsible for the performance of such services.

2.4. All Support Services and support as mentioned in Clause 2.2 above are provided AS-IS and on a best efforts basis. HZ Hosting Ltd is not liable to CUSTOMER for any damage resulting from any of these Services. Unless such damage is the direct result of gross negligence or willful misconduct by HZ Hosting Ltd. Any delivery times, turnaround times or deadlines given or agreed in connected with the Support Services and support mentioned in Clause 2.2. above are target times only and HZ Hosting Ltd shall in no event be liable for any failure to meet these target times/deadlines.

3. SERVICE LEVEL EXTRA CHARGES

3.1. CUSTOMER shall pay to HZ Hosting Ltd the Monthly Recurring Service Level Charge (MRSC) unless Best Effort service level is sufficient. MRSC is a subject of an individual Master Service Agreement.

3.2. In addition, HZ Hosting Ltd shall be entitled to invoice Extra Service Charges for the Support Services mentioned in Clause 2.1 above not being free of charge and Support Services mentioned in Clause 2.2 above provided to CUSTOMER, on a time spent basis, at the prevailing HZ Hosting Ltd hourly rate for performing the particular support related services (plus its expenses related to the performance of the support mentioned in

Clause 2.2 above, including any traveling expenses if applicable).

3.3. All support related services shall be measured and invoiced in quarter hour increments, i.e. the number of minutes required to complete the task rounded up to the next quarter hour, regardless of the level of complexity required to complete the assignment.

3.4. For the purpose of determining the amount of time of support provided, HZ Hosting Ltd’s data shall be binding.

1. NETWORK PERFORMANCE

1.1. Monthly Network Availability of HZ Hosting Ltd’s Network shall be as set forth in Table 4 below.

Table 4: Network Availability Target

1. 
   
2. Network availability target for UK POP 99.9%
3. Network availability target for NL POP 99.9%
4. Network availability target for SE POP 99.9%
5. Network availability target for US POPs 99.9%
6. Network availability target for CA POP 99.9%

1.2. In the event that in any calendar month, the Network Availability within HZ Hosting Ltd’s Network, is lower than the Network Availability Target, CUSTOMER shall be eligible to receive a Service Credit (the “Network Availability Credit”). The Network Availability Credit shall be equal to 2% of the Monthly Recurring IP Connectivity Charge for the respective month for every 1% (or part thereof) that the Network Availability falls below the Network Availability Target.

1.3. HZ Hosting Ltd’s Network shall have an average monthly packet loss on CUSTOMER’s Interconnection Points no greater than the percentages (the “Packet Loss Target”) set forth in Table 5 below. In the event that in any calendar month, the average packet loss for IP Connectivity within HZ Hosting Ltd’s Network, is higher than the Packet Loss Target, CUSTOMER shall be eligible to receive a Service Credit (the “Packet Loss Service Credit”). The Packet Loss Service Credit shall be equal to 1% of the Monthly Recurring IP Connectivity Charge for the respective month for every 0.1% (or part thereof) that the packet loss has exceeded the applicable Packet Loss Target.  

Table 5: Packet Loss Target

1. Packet loss target 0,2%

1.4. In the event that in any calendar month, the average roundtrip delay for CUSTOMER’s packets within HZ Hosting Ltd’s Network for Premium IP Connectivity, is higher than the Latency Target, CUSTOMER shall be eligible to receive a Service Credit (the “Latency Service Credit”). The Latency Service Credit shall be equal to 1% of the Monthly Recurring IP Connectivity Charge for the respective month for every 10ms that the average monthly roundtrip delay for packets within HZ Hosting Ltd’s Network exceeds the Latency Target.

1.5. CUSTOMER shall not be entitled to any Network Availability Credits in case HZ Hosting Ltd provides IP Connectivity to CUSTOMER based on a non-redundant, therefore single Uplink Port. CUSTOMER shall refer to the Quote/Order Form/Order Confirmation.

1.6. HZ Hosting Ltd will measure packet loss and latency by randomly sending UDP Datagrams to designated servers placed at HZ Hosting Ltd’s Network. The packet loss and delay times will be measured during 10‐minute intervals and the Service Credit will be calculated accordingly. 1000 UDP Datagrams will be sent with the length of 96 bytes. CUSTOMER’s Interconnection Point in HZ Hosting Ltd’s Equipment will be measured with SNMP.

1.7. The Network Availability Target, Packet Loss Target, and Latency Target are calculated on an IP Connectivity Service basis. However, in case the IP Connectivity Service is offered to CUSTOMER on an aggregated basis, i.e. HZ Hosting Ltd offers one Data Traffic or Bandwidth package for a multiple Dedicated Equipment Services or Colocation Services, then (i) the Network Availability Target, Packet Loss Target, and Latency Target shall be calculated on a per Dedicated Equipment server basis (in case of lease of Dedicated Equipment), or per rack basis (in case of Colocation Services), and (ii) for the purpose of calculating the Network Availability Credit, Packet Loss Service Credit, and Latency Service Credit (as applicable), the Monthly Recurring IP Connectivity Charge shall be prorated on the basis of the total number/amount of Dedicated Equipment or racks made available to CUSTOMER.

1.8. Packet Loss Service Credits, Network Availability Credits and Latency Service Credits in connection with the same incident shall not be cumulative, but CUSTOMER will be entitled to the highest of such Service Credits.

1.9. Maximum total amount of Packet Loss Service Credits, Network Availability Credits and Latency Service Credits that CUSTOMER may be eligible to, in a particular month, shall be limited to 50% of the Monthly Recurring IP Connectivity Charge for the respective month.

1.10. No Packet Loss Service Credits, Network Availability Credits Availability Credits and Latency Service Credits shall be due in respect of any IP Connectivity Services offered as part of Web Hosting Services.

1.DEDICATED EQUIPMENT REPLACEMENT TIME

1.1. In the event HZ Hosting Ltd determines that (part of the) Dedicated Equipment is defective, HZ Hosting Ltd shall replace the defective part of such Dedicated Equipment within the Equipment Replacement Times set forth in Table 7 below.

Table 7: Equipment Replacement Target Time

1. Service Level Equipment replacement target time
2. Basic 12 hours
3. Silver 4 hours
4. Gold 1 hour
5. Platinum 30 minutes

 1.2. In the event that HZ Hosting Ltd does not repair or replace the defective Dedicated Equipment in accordance with the Equipment Replacement Target, CUSTOMER shall be eligible to receive a Service Credit (the “Equipment Replacement Credit”) for every full 1 hour in excess of the Equipment Replacement Target equal to 2% of the Monthly Recurring Lease Charge for the respective month for the defective Dedicated Equipment.

1.3. The Equipment Replacement Target shall apply only to the following standard issue types of Dedicated Equipment: switches, servers, HDDs, RAM, CPU, NIC, and RAID controllers.

1.4. For defective Equipment that is leased by CUSTOMER from HZ Hosting Ltd that is not covered by the Equipment Replacement Target Time, HZ Hosting Ltd shall replace the defective Equipment within a reasonable period of time on a best efforts and availability basis.

1.5. HZ Hosting Ltd shall be entitled to replace any defective Equipment from one manufacturer with Equipment from another manufacturer, provided that the (i) technical specifications of such alternative Equipment are (in HZ Hosting Ltd’s sole and absolute discretion) equal to, equivalent to, or better than the technical specifications of the replaced Equipment; and (ii) such shall not result in an increase in the Service Charges for the lease of the Equipment.

1.6. HZ Hosting Ltd shall in no event be required to monitor or perform regular checks to assess whether Equipment is defective.

1.7. The maximum amount of Equipment Replacement Credits that CUSTOMER may be eligible to in a particular month, shall be limited to 50% Monthly Recurring Lease Charge for the respective month for the defective Dedicated Equipment.

1. COLOCATION TARGET AND CREDITS

• The monthly target for Electricity Availability for Colocation Services shall be as set forth in Table 8 below.

Table 8: Electricity Availability Target

1. Configuration Electricity Availability Target
2. N+1 99%
3. 2N 99.9%

1.2. In the event that in any calendar month, the Electricity Availability for Colocation Services, is lower than the Electricity Availability Target, CUSTOMER shall be eligible to receive a Service Credit (the “Electricity Availability Credit”). The Electricity Availability Credit shall be equal to 2% of the Monthly Recurring Colocation Charge for the respective month for the affected Colocation Service for every 0.1% (or part thereof) that the Electricity Availability falls below the Electricity Availability Target.

1.3. HZ Hosting Ltd/Partnering DC shall maintain target air temperature within the Data Center is 24 degrees Celsius, plus or minus 5 degrees Celsius, at a point 1.5 meters from floor level and 0.5 meters from the front side of the Rack (the “Temperature Target”). This will take place by using air conditioners designed to maintain that temperature where there is an outside ambient temperature between 38 degrees Celsius and minus 15 degrees Celsius, based on the power density that is agreed in the Quote/Order Form/Order Confirmation. In the event in any month, the conditioned air for Colocation Services does not meet the Temperature Target for a consecutive period of 60 minutes (the “Temperature Threshold”), CUSTOMER shall be eligible to receive a Service Credit (the “Temperature Credit”). The Temperature Credit shall be equal to 2% of the Monthly Recurring Colocation Charge for the respective month for the affected Colocation Service for every 10 minutes that the temperature falls above or below (as applicable) the Temperature Target in excess of the Temperature Threshold. 

1.4. CUSTOMER shall not be entitled to any Electricity Availability Credit in the event Colocation Services are provided in shared Racks (rather than private Racks). 

1.5. CUSTOMER shall be solely responsible for the maintenance and support of it’s Colocated Equipment. HZ Hosting Ltd’s sole responsibility in connection with Colocation Services shall be to use best efforts to remedy any interruption of the supply of electricity or a failure to keep the temperature within the Data Center within the Temperature Target. Any other or additional Support Services requested by CUSTOMER in connection with Colocated Equipment shall be subject to the terms set forth in Clause 2 below (the “Remote Hands Services”).

1.6. Electricity Availability Credit and Temperature Credit in connection with the same incident shall not be cumulative, but CUSTOMER will be entitled to the highest of such Service Credits.

2. REMOTE HANDS SERVICES

2.1. CUSTOMER may request HZ Hosting Ltd Support Services (the “Remote Hands Services”) in relation to Colocation Services and the Collocated Equipment. Remote Hands Services may include: pushing a button or switching a toggle; support of planned routine maintenance; tape swaps; power cycling equipment; cable organization, cross connect inventory and labeling; observing, describing or reporting on display information on machines or consoles; modifying basic cable layout; running diagnostics; installation of received equipment; typing commands on a keyboard console; replacing hardware components with spares or upgrades; circuit testing.

2.2. Unless otherwise agreed between Parties in writing, CUSTOMER must make available to HZ Hosting Ltd, at its own costs and expense, all materials and information required in connection with Remote Hands Services.

2.3. HZ Hosting Ltd may accept or decline CUSTOMER’s request for Remote Hands Services in its sole discretion. In case HZ Hosting Ltd declines CUSTOMER’s request for Remote Hands Services, CUSTOMER shall be solely responsible for the performance of such services.

2.4. All Remote Hands Services are provided AS‐IS and on a best efforts basis. HZ Hosting Ltd is not liable to CUSTOMER for any damage resulting from any Remote Hands Services , unless such damage is the direct result of gross negligence or willful misconduct by HZ Hosting Ltd. Any delivery times, turnaround times or deadlines given or agreed in connection with Remote Hands Services are target times only and HZ Hosting Ltd shall in no event be liable for any failure to meet these target times/deadlines.

2.5. HZ Hosting Ltd will maintain support engineers actively on duty for Remote Hands Services 24 hours per day, every day of the year.

3. REMOTE HANDS

3.1. If the CUSTOMER has ordered a Remote Hands Services level (a “Remote Hands”), and such Order has been accepted by HZ Hosting Ltd, the Support Services mentioned in Clause E 2.1 cannot be declined by HZ Hosting Ltd.

3.2. Subject to the Change Order Procedure, CUSTOMER shall be entitled to request an upgrade or downgrade of the Remote Hands level. HZ Hosting Ltd may accept or decline this request for the upgrade or downgrade in its sole and absolute discretion.

3.3. If no Remote Hands Service is ordered by CUSTOMER, CUSTOMER will, in connection with its Colocation Services, by default receive Remote Hands Services on the basis of HZ Hosting Ltd’s level “Basic”.

3.4. CUSTOMER may, at any time during the Term, request an upgrade of its Remote Hands level. Article 5 of the General Conditions shall apply to such upgrade request. The chosen Remote Hands level may only be downgraded at the Initial Term or a renewal terms (as applicable).

4. SERVICE CHARGES FOR REMOTE HANDS

4.1. In addition, HZ Hosting ltd shall be entitled to invoice Service Charges as set forth in Table 10 below for all Remote Hands Services provided to CUSTOMER on a time spent, basis, at the prevailing HZ Hosting ltd hourly rate for performing the particular Remote Hands Services (plus its expenses related to the performance of the Remote Hands Services, including any traveling expenses if applicable). The applicable hourly rate may depend on the chosen Remote Hands.

4.2. All Remote Hands Services mentioned in Clause 4.2 above shall be measured and invoiced in economical quarter hour increments, the number of minutes required to complete the task rounded up to the next quarter hour, regardless of the level of complexity required to complete the assignment.

4.3. For the purpose of determining the amount of time of Remote Hands Services provided, HZ Hosting ltd’s data shall be binding.

Table 10: Hourly Service Level Charge

1. Time of day Hourly service charge
2. Business hours (9:00 a.m. – 6:00 p.m. CET, Mon - Fri) EUR 149
3. Non-Business Hours EUR 199

SERVICE CREDIT PROCEDURE

• To initiate a claim for a Service Credit, CUSTOMER must contact HZ Hosting ltd’s sales department within five (5) Business Days after the end of the month for which the Service Credit is requested. The Service Credit request must provide: (a) the CUSTOMER name and contact information; (b) the date and beginning/end time of the failed performance metric; (c) a brief description of the characteristics of the failed performance metric; and (d) the specific HZ Hosting ltd support ticket number(s) opened about the failed performance metric.
•  HZ Hosting ltd will notify CUSTOMER via email upon resolution of the request. If rejected, the notification will specify the basis for rejection. If approved, HZ Hosting ltd will issue a Service Credit to CUSTOMER’s account. This Service Credit will be credited on the next invoice issued by HZ Hosting ltd to CUSTOMER. HZ Hosting ltd’s records and data shall be the basis for all calculations and determinations in respect of Service Credits.
• To be eligible to receive Service Credits, CUSTOMER must cooperate in good faith with HZ Hosting ltd to trace the root cause of the event resulting in the failed Service Level.
• No Service Credit shall be due in case the failed performance metric results from or is caused by Excluded Events.
• Service Credits shall constitute CUSTOMER’s sole and exclusive legal remedy against HZ Hosting ltd, and shall constitute HZ Hosting ltd’s sole liability, in relation to, or in connection with, Service Disruptions or a failure by HZ Hosting ltd to meet the Service Levels set forth herein, and any such Service Disruptions or failure shall not be deemed to be a breach by HZ Hosting ltd.

• DEFINITIONS

All words herein that are defined in the General Conditions, the Service Specifications and the HZ Hosting ltd Policies shall have the meaning assigned to them therein; other words shall have the following meaning:

Electricity Availability means the total number of minutes in a calendar month minus the number of minutes of Electricity Unavailability suffered in a calendar month, divided by the total number of minutes in a calendar month (expressed as a percentage).

Electricity Unavailability means the number of minutes that a failure of the transmission of electricity to both electrical outlets of CUSTOMER’s rack, suite or cage occurs. Electricity Unavailability shall not include any failure resulting from Excluded Events.

Excluded Events means any interruption or suspension or degradation caused by or resulting from (i) an event of Force Majeure, (ii) an act or omission of CUSTOMER, its employees, End Users, agents or contractors; (iii) Tests, Maintenance, relocation; (iv) any failure to correctly perform a Cloud Console Test Transaction and/or a Platform Test due to a technical malfunction, Maintenance or otherwise, (v) a suspension of Services in accordance with the General Conditions, (vi) any exercise by HZ Hosting ltd of its rights or remedies under the Agreement, (vii) Denial‐of‐Service (DoS) attacks, Distributed‐Denial‐of‐Service (DDoS) attacks or Distributed‐ Reflected‐Denial‐of‐Service (DRDoS) attacks by a third party or third parties that results in an unaccounted peak in data traffic, or other attacks by a third party or third parties that result in the Service becoming wholly or partly unavailable, (viii) any use of the Service or Equipment that is in breach of the Agreement, (ix) any failure of CUSTOMER controlled actions or environments, (x) virus or malware, (xi) any successful or unsuccessful hack attempts, (xii) any event that occurs during a period during which the CUSTOMER is in breach of its payment obligations under the Agreement, (xiii) unauthorized changes to HZ Hosting ltd’s Equipment or Instance by the CUSTOMER, and (xiv) any event resulting from CUSTOMER’s consumption of electricity exceeding the Basic Power (specified in the Quote/Order Form/Order Confirmation), (xv) any event resulting from CUSTOMER’s consumption of Data Traffic or Bandwidth exceeding the Committed Data Traffic or the Committed Bandwidth (specified in the Quote/Order Form/Order Confirmation), (xvi) the failure by CUSTOMER to implement recommendations or solutions previously advised or made available by HZ Hosting ltd, (xvii) any incorrect or unauthorized use of the Service, or the use of the Service for a purpose for which it was not designed, (xviii) any interaction between the Service, the Instance, the Equipment and any other software, hardware or third party service, (xix) problems which cannot be reasonably re‐created or examined by HZ Hosting ltd, and/or (xx) any configuration by CUSTOMER of the Service or the Equipment..

Equipment Replacement Time means the period of time measured from the time HZ Hosting ltd engineers identify the source of the defective Equipment, until the moment HZ Hosting ltd physically replaces the defective Equipment, excluding any time spent communicating with CUSTOMER regarding permissions or instructions. Monthly Recurring Colocation Charge means the fixed recurring Service Charge invoiced by HZ Hosting ltd to CUSTOMER on a monthly basis for the Colocation Services (as set forth in the Quote/Order Form/Order Confirmation).

Monthly Recurring IP Connectivity Charge means the fixed recurring Service Charge invoiced by HZ Hosting ltd to CUSTOMER on a monthly basis for the IP Connectivity Service (as set forth in the Quote/Order Form/Order Confirmation or HZ Hosting ltd’s invoices), exclusive of any variable charges based upon CUSTOMER usage. Monthly Recurring Remote Hands Charge means the fixed recurring Service Charge invoiced by HZ Hosting ltd to CUSTOMER on a monthly basis for the Remote Hands (as set forth in the Quote/Order Form/Order Confirmation).

Monthly Recurring Lease Charge means the fixed recurring Service Charge invoiced by HZ Hosting ltd to CUSTOMER on a monthly basis for the Lease of Dedicated Equipment (as set forth in the Quote/Order Form/Order Confirmation).

Monthly Recurring Service Level Charge means the fixed recurring Service Charge invoiced by HZ Hosting ltd to CUSTOMER on a monthly basis in connection with the chosen Service Level by CUSTOMER (as set forth in the Quote/Order Form/Order Confirmation).

Network Availability means the total number of minutes in a calendar month minus the number of minutes of Network Unavailability suffered in a calendar month, divided by the total number of minutes in a calendar month (expressed as a percentage).

Network Unavailability means the number of minutes that one of the following events occur on all Interconnection Points for CUSTOMER: (i) Interconnection Points are not responding; and/or (ii) a packet loss of more than five percent (5%) on HZ Hosting ltd’s Network; and/or (iii) roundtrip delay for all packets within HZ Hosting ltd’s Network have a latency greater than three times the Latency Target, provided that (for (i), (ii) and (iii)) such event lasts more than twenty (20) continued minutes. Network Unavailability shall not include any failure or deficiencies resulting from Excluded Events.

Response Time means the period of time measured from the time HZ Hosting ltd receives a Support Request by email or through the Customer Portal mentioned in Clause A. 1.3, until the moment a HZ Hosting ltd support engineer acknowledges receipt of such request to CUSTOMER.