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Service Level Agreement

The objective of this SLA is to document the availability of the Service that Decode Studios is to achieve. This does not constitute any additional liability to Decode Studios but instead a self-assumed obligation towards the Client. Under the conditions below Decode Studios offers to pay the Client service credits if the availability defined below is not met.
Decode Studios shall guarantee the availability will be 99.95% in any calendar month, subject to exclusions as defined below. If Decode Studios fails to meet this guarantee a credit shall be available to the Client as defined below.
The availability calculation shall exclude periods when outages arise from, or are otherwise indirectly caused by:

  1. Outage periods due to any cause other than faults by Decode Studios, not to exclude issues in data centres used by Decode Studios, but including faults or negligence of the Client or problems associated with equipment connected on the Client’s side of Decode Studios delivery point.
  2. In case that the Client’s equipment should cause negative effects on the performance, quality and/or operation of the Decode Studios Network, Decode Studios will proceed to disconnect the link, for the benefit of the rest of users of the Decode Studios Network. This disconnection won’t be the cause of penalty under the SLA. Decode Studios will notify the Client as soon as possible about this issue in order for the Client to repair the problems.
  3. Outage periods reported by the Client in which no fault is observed or confirmed by Decode Studios.
  4. Any fault period during which service is suspended under provision in this Agreement.
  5. The Client requesting Decode Studios to upgrade the capacity of the service, if this operation results in an outage.
  6. During Scheduled Maintenance affecting the Services as defined above.
  7. Performance degradations and service loss due to Denial Of Service attacks or other unlawful attacks generated inside the Client’s network or executed against users inside the Client’s network or the Client network infrastructure, will be excluded from SLA calculation as it is within the Client’s responsibility to put in place the relevant protection mechanisms inside its network to protect itself and its clients.

Neither Party will be obliged to carry out any obligation under this Agreement where performance of such obligation is prevented by the occurrence of a Force Majeure Event. No commitment form Decode Studios applies in case of Force Majeure. Should the Client not have access to the Services as defined above, Decode Studios shall credit the client as follow;

  1. <99.95% and> 98% = 5% monthly credit
  2. 95% to 97.5% = 10% monthly credit
  3. 90% to 94.9% = 25% monthly credit
  4. 60% to 89.9% = 40% monthly credit
  5. <60% =Pro-rata up to a maximum of 100% monthly credit

The credit applies to the contracted service. The Client shall not be entitled to any credits under this SLA if any payment of the price for the Services is overdue under the terms of this Agreement. The credit shall be made for the element of the Services that were not available; it will not be made for the whole service. (E.G. If a dedicated server and backup service are ordered, but the backup service, not the combined price of the dedicated server and backup service.) Any credit is subject to the Client notifying Decode Studios within 7 days in writing. This Client agrees the service credits due under this SLA are its sole remedy against Decode Studios for any non-availability of the Services.