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Trellance’s Cloudworks Hosted Services Network will be available 99.9% of the time, other than during Planned Downtimes and during times when the Data Center and/or Hosted Services are affected by extenuating circumstances out of Cloudworks/Trellance control. This includes secure access for clients on the Trellance’s Cloudworks Network to client files, email, and data. It does not include dedicated servers on our network or anything outside of the Trellance’s Cloudworks network including but not limited to, client’s own internal systems, network, equipment or client’s Internet Service Provider.

Cloudworks and Trellance reserve the right to perform periodic system maintenance. Cloudworks and Trellance will endeavor to notify customers one week before any maintenance window. If in our reasonable judgment, however, a shorter notification period is necessary, then any such maintenance may be made with such prior notification to customers as is practical and reasonable under the circumstances. We will attempt to minimize any service interruptions or unavailability that may be caused or required by any such maintenance. But if an outage is required, the outage will be considered a Planned Downtime.

When a customer experiences interruption or unavailability to Trellance’s Cloudworks Hosted Services Network, and the customer believes that the fault is not in or due to its own network, internet service provider or other internal issues or equipment, then the customer must report the issue to Trellance either by opening a Help Desk Ticket by emailing support@ongoingoperations.com or by calling us directly at 877-271-3268.

Any customer who wishes a Service Credit based upon the terms set forth in the SLA must request it by notifying the Trellance within 5 Business Days of the occurrence. This notice must be sent by email to Trellance at support@ongoingoperations.com and must include sufficient information to allow the claim to be investigated, including, without limitation the Help Desk Ticket number, the customer request, the date and time such request was made to Trellance, and the manner such request was made. If the customer does not report such failure as provided in this Section, then the customer will not be entitled to any Service Credit or any other remedy from Trellance or Cloudworks.

Any customer who experiences downtime or an interruption in service, as described in Hosted Services Availability Standard, is entitled to a Service Credit under this SLA, but no more than 1 Service Credit (1/30th of the recurring fees per ½ day outage) may be obtained by any customer for any single calendar day (regardless of the extent of Hosted Services Unavailability), and the aggregate of all Service Credits obtained by any customer may not exceed 50% of the average monthly service charges for Hosted Services for the prior 3 months. Any Service Credit requested as provided in this SLA and granted by Cloudworks and Trellance will thereafter be applied to the customer’s prospective recurring service charges for the Hosted Services. Service Credits constitute the sole and exclusive remedy relating to Hosted Services for all Trellance’s Cloudworks customers.

Cloudworks and Trellance can assist customers in meeting their obligations to retain data related to potential litigation. This service is offered for an additional fee based on the scope of the litigation request. If you have questions about this service, please contact your Trellance representative.

Trellance Cloudworks standard backup service retains a copy of customer data for a period of 2 weeks. Longer term and custom backup options are also available including off-site backup, copies of data retained at the customer location, and email journaling. For more information on these services, please contact your Trellance representative.

Cloudworks and Trellance retain the right to make such changes, amendments and modifications to this SLA and its terms from time to time in its sole discretion, with such changes, amendments and modifications becoming effective upon one-week notification to clients via email to the main contact.