Effective Date: June 1, 2013
This Enbake Service Level Agreement (“SLA”) is a policy governing the use of Enbake Managed
Open Source Servers (“MOPS”) under the terms of the MOPS Customer Services Agreement
(the “MOPS Agreement”) between Enbake Consulting Pvt Ltd. (“ECPL”, “us” or “we”) and users
of MOPS. This SLA applies separately to each account using MOPS. Unless otherwise provided
herein, this SLA is subject to the terms of the MOPS Agreement and capitalized terms will have
the meaning specified in the MOPS Agreement. We reserve the right to change the terms of
this SLA in accordance with the MOPS Agreement.
Enbake will use commercially reasonable efforts to make MOPS available with a Monthly
Uptime Percentage (defined below) of at least 99.5%, in each case during any monthly billing
cycle (the “Service Commitment”). In the event Enbake does not meet the Service
Commitment, you will be eligible to receive a Service Credit as described below.
“Monthly Uptime Percentage” is the total number of days your server was running in a month.
Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly
from any MOPS SLA Exclusion (defined below) or the time when the service was terminated.
A “Service Credit” is a dollar credit, calculated as set forth below, that we may credit back to an
Service Commitments and Service Credits
Service Credits are calculated as 10% of the total charges paid by you in which Monthly uptime
percentage for MOPS was less than 99.5%
We will apply any Service Credits only against future MOPS payments otherwise due from you.
At our discretion, we may issue the Service Credit to the credit card you used to pay for the
billing cycle in which the Unavailability occurred. Service Credits will not entitle you to any
refund or other payment from MOPS. A Service Credit will be applicable and issued only if the
credit amount for the applicable monthly billing cycle is greater than one dollar ($1 USD).
Service Credits may not be transferred or applied to any other account. Unless otherwise
provided in the MOPS Agreement, your sole and exclusive remedy for any unavailability, non-
performance, or other failure by us to provide MOPS is the receipt of a Service Credit (if
eligible) in accordance with the terms of this SLA.
Credit Request and Payment Procedures
To receive a Service Credit, you must submit a claim by sending an email to
email@example.com. To be eligible, the credit request must be received by us by
the end of the second billing cycle after which the incident occurred and must include:
the words “SLA Credit Request” in the subject line;
the dates and times of each Unavailability incident that you are claiming;
the affected MOPS IDs(The URL affected); and
your request logs that document the errors and corroborate your claimed outage (any
confidential or sensitive information in these logs should be removed or replaced with
If the Monthly Uptime Percentage of such request is confirmed by us and is less than the
Service Commitment, then we will issue the Service Credit to you within one billing cycle
following the month in which your request is confirmed by us. Your failure to provide the
request and other information as required above will disqualify you from receiving a Service