This Service Level Agreement (“SLA”) defines the terms of our responsibility with respect to the Services that Infinys provide (the “Service Commitments”) and Customer’s remedies in the event that Infinys fail to meet these Service Commitments. This SLA and the refunds set forth herein (the “Service Credits”) represent Infinys sole obligation and Customer’s sole remedy for Infinys failure to meet such Service Commitments.

The Service Commitments under this SLA are as follows:

Network

Infinys guarantee a 99.5% network uptime for our public Internet network, excluding scheduled maintenance. Notwithstanding the foregoing, Customer recognizes that the Internet is comprised of thousands upon thousands of autonomous systems that are beyond the control of Infinys. Routing anomalies, asymmetries, inconsistencies and failures of the Internet outside of the control of Infinys can and will occur, and such instances shall not be considered any failure of the 99.5% Network Uptime Service Commitment. Infinys proactively monitor network uptime. The results of these monitoring systems shall provide the sole and exclusive determination of network uptime.

Infrastructure

Infinys guarantee that the critical infrastructure systems will be available 99.5% of the time in a given month, excluding scheduled maintenance. Critical infrastructure systems include all power and HVAC infrastructure, including UPS, PDU and cabling. Critical infrastructure systems do not include any software or services running on a server, nor do they include any server hardware. Infinys proactively monitor infrastructure availability. The results of these monitoring systems shall provide the sole and exclusive determination of infrastructure availability.

Servers and Hosts

Infinys guarantee a 99.5% of all server hosts, including compute, storage and hypervisor availability. If a server host fails, Infinys guarantee that restoration or repair will be complete within three hour of problem identification. If a server migration is required because of server host degradation, Infinys will notify Customer at least 24 hours in advance of beginning the migration, unless Infinys determine, in our reasonable judgment, that Infinys must begin the migration sooner to protect Customer’s data. Infinys proactively monitor server uptime. The results of these monitoring systems shall provide the sole and exclusive determination of host uptime.

Services Availability

All of our provided services will be available 99.5% of the time in a given month excluding:

a). A problem within customer’s network, Internet connection, or a private network connection to the Infinys services, which prevents customer from reaching the services. b). A problem on customer’s computer or server including but not limited to the installed 3rd party software or hardware that prevents customer to get the service from Infinys. c). A problem connecting to the service due to any action on the part of the customer that trigger security response; e.g., scanning the ports of Infinys router triggers a shutdown of the ports used by the customer. d). Scheduled maintenance, Infinys will provide 24 hours of notices prior to maintenance periods. e). Installation of urgent “hotfixes” from any technology will be schedules as quickly as possible after testing, with notification to customer. The 24 hours notification above is waived for urgent “hotfixes”. f). Software bugs or problems within the technology that Infinys use that create service interruptions. g). Force Majeure shall mean any event or circumstances beyond the reasonable control of the party whose obligations are affected that render due performance of its obligations under this Service Level Agreement (SLA) including but not limited to acts of Gods, fire, war, riot, terrorism, other criminal activity, civil commotion, explosion, sabotage, perils of the sea, embargo, natural catastrophe, strike, act of government, change of law, or catastrophic policy regarding investments in Indonesia.

Backup Responsibility

Infinys schedule nightly backup of all services data to the shared backup devices. Backup copy retention time is one day. If a disruption of the services occurs, Infinys will assign the highest priority and will make our best commercial efforts to ensure the timely restoration of the services. Depending on the type of disruption that has occurred, Infinys may elect to first restore the services without the customer data so that customer can use the services first. Any data not immediately accessible after a disruption in the services will be restored from the backup and made accessible with the highest priority. However, Customer understands that Customer is solely responsible for ensuring that all of the data that Customer have is backed up. Infinys assumes no responsibility for data loss resulting from the failure or loss of backup media or inability to access any such data. In no event shall Infinys be liable for damages resulting from loss of data, profits or for any incidental or consequential damages, even if advised of the possibility of such damage.

Installation, Configuration, Patching, Upgrades and Security Responsibility

Customer are solely responsible for any but not limited to PC, Server or Mobile Device configuration on delivered services including but not limited to 3rd party application installation, configuration, patching, upgrade and security. However, Infinys will make the best effort to assist Customer upon request at our discretion. Shall Customer need any further support or services; Infinys may charge Customer for additional fees with the agreement of both parties.

Service Credit

The 99.5% uptime guarantee for Network, Infrastructure, Service and Host, and Service Availability are calculated on monthly basis that converted to 3.60 hours downtime in any given month. In the event that Infinys fail to meet that guarantee, Infinys will use the below formula to calculate the service credit that Customer can have, up to 100% of the monthly service fees for those services affected.

Service Credit Requests

All SLA claims should be communicated via email to claim@isi.co.id within seven days of the incident on any given month. The email must include all relevant information, such as but not limited to account name, host name, IP address, full description of the incident, and any logs (if applicable). All SLA credits will be issued as credits against future invoices for services.

In order to qualify for Service Credits, Customer must be current on all payment obligations, and not be in violation of the Service Level Agreement, Terms of Service, Privacy Policy, Acceptable Usage Policy and Fair Bandwidth Usage Policy or any other policies and procedures of Infinys.

No Service Credits will be given for service interruptions: i. Caused by the action or failure to act by Customer or Customer’s personnel. ii. Due to failure of any equipment or software provided by Customer. iii. Which are the results of scheduled maintenance. iv. Due to a force majeure event. v. For which Customer are entitled to a Service Credit for the same or contemporaneous Service Commitment failure. vi. Resulting from Customer’s breach of the Service Level Agreement, Terms of Service, Privacy Policy, Acceptable Usage Policy and Fair Bandwidth Usage Policy or any other policies and procedures of Infinys. Total cumulative Service Credits during any given month shall not exceed Customer’s monthly fee for those Services affected.