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Service Level Agreement (SLA) & Additional Terms

Additional Terms And Conditions


Prominic.NET’s colocation offering is subject to the following additional general terms and conditions:

  1. Insurance. Customer must supply proof of insurance coverage for all customer-owned equipment and
    Prominic.NET, Inc. shall be listed as an additional insured, per section 10.4 of the attached Master Services
    Agreement.
  2. Additional equipment. Provider reserves the right to review and possibly reject any additional equipment the
    Customer wishes to install in the Provider’s data centers. Possible reasons for rejections include, but are not limited
    to:
    • Equipment which does not fit into our standard APC (or equivalent) brand 19″ frame, 42U racks
    • Equipment which would overload the power configuration of the racks
    • Equipment which would generate more heat than would be deemed reasonable by Provider for the cooling
      standards associated with this rack (for example ultra-high density blades, miners, etc)
    • Equipment is deemed to not be safe or reliable for any reason, as determined by Provider in its reasonable
      commercial judgment.
  3. Provider-Supplied Hardware Ownership. For the items supplied by Provider, Provider retains ownership of all
    hardware indefinitely but guarantees parts coverage and operation as long as Customer is in good standing.
    Provider reserves the right to substitute without notice to Customer similar equipment with similar or better
    performance characteristics. Customer’s property will not be used as a security interest in any contracts or
    obligations entered into by Provider.
  4. Software Licensing. Customer is responsible for all software licensing.


Facility Physical Access Policy


24x7x365 UNESCORTED ACCESS Datacenter: Rantoul 601


Promininc.NET acknowledges Customer needs unfettered 24x7x365 access to their server racks at the 24x7x365
UNESCORTED ACCESS data center facility. Prominic.NET will maintain a set of facility access protocols and procedures,
which may be reasonably updated from time to time.

Only a known list of mutually-authorized Customer technicians will be granted access credentials (as applicable: key,
keyfob, access code, alarm code, etc)

  • Customer technician will follow the then-current self sign-in procedures
  • Customer technician will only access Customer equipment and facilities. The technicians will not make any
    modifications to Prominic.NET’s power systems or any equipment outside Customer’s specific racks/equipment.
    Violation of this provision may result in Customer’s right to “24x7x365 Unescorted Access” being revoked, modified,
    or halted at Prominic.NETs discretion.
  • The mututally-authorized Customer technician may bring additional non-mutually-authorized technicians into the
    datacenter under their authority, but Customer maintains full responsibility for the non-mutually-authorized
    technicians
  • Customer technician will ensure upon exiting any space any doors are secured behind them, and upon existing the
    facility the alarm is re-armed
  • Customer technician may be subject to video and/or audio recording


ESCORT ONLY WITH EMERGENCY ACCESS Datacenter: Rantoul 101 and Champaign 401-F


Promininc.NET acknowledges Customer needs 24x7x365 access to their server racks at the ESCORT ONLY WITH
EMERGENCY ACCESS data center facility. However, Customer acknowledges that Prominic.NET operates a highly secure
facility and desires to limit unescorted access to this facility to protect all customer information, equipment, and its
reputation. Customer will adhere to Prominic.NET’s access procedures requiring pre-coordinated escorted access when
possible, but Prominic.NET will maintain a means to provide and shall provide Customer with immediate “Emergency
Unescorted Access” if a mutually-authorized Customer technician at the facility notifies Prominic.NET’s 24×7 contact that
Customer must gain immediate access to the site and cannot wait for a Prominic.NET technician to arrive to grant escorted
access. Customer warrants that it will only make this request under the following conditions:

  • A Customer technician or approved contractor is physically at the location and needs to enter the facility.
  • Customer’s equipment is not functioning or is experiencing a debilitating condition with significant impact to
    Customer’s service
  • Customer could not have known of the issue nor could it have reasonably scheduled the access with Prominic.NET
    in advance.
  • Upon request from Prominic.NET, Customer will provide an explanation in writing to Prominic.NET’s satisfaction
    stating why it requested “Emergency Access”, why it could not coordinate for an escort in advance, and specify what
    work was performed.
  • Customer technician will only access Customer equipment and facilities. The technician will not make any
    modifications to Prominic.NET’s power systems or any equipment outside Customer’s specific racks/equipment.
    Violation of this provision may result in Customer’s right to immediate “Emergency Unescorted Access” being
    revoked, modified, or halted at Prominic.NETs discretion.
  • Customer technician may be subject to video and/or audio recording.


Prominic.NET will ensure all its operationally relevant employees are aware of both how and under what conditions
Customers will be granted unescorted access. Prominic.NET will also confirm with Customer operations personnel the
process and conduct “rehearsals” (not more than quarterly) upon request to ensure the process is working.
ESCORT ONLY Datacenters: 101 W International Avenue, Rantoul, IL 61866 & 401 S Chestnut St, Unit F, Champaign,
IL 61820
Non-Prominic.NET personnel are not allowed inside the restricted areas of Prominic.NET ESCORT ONLY data center
facilities without an escort. While in a facility, visitors must sign in, wear a provided “Visitor” badge, and must remain with
their escort at all times. Escorts are experienced technicians and are therefore available to assist with technical issues.

  • During normal Prominic.NET business hours, escorted physical access to any Prominic.NET data center facility is
    billed at $180 per hour, with a one (1) hour minimum charge.
  • Outside normal Prominic.NET business hours, escorted physical access to any Prominic.NET data center facility is
    billed at $270 per hour, with a two (2) hour minimum charge.
  • Customers must provide 48 hours notice of an intended physical access to Prominic.NET facilities. Otherwise, a
    $200 fee is charged per incident where customer has provided Prominic with less than 48 hours notice.
  • Escorted physical access pricing may increase with notice from time to time.
  • In the event of an emergency, Prominic.NET will in good faith provide access as quickly as possible.
  • If customer-supplied brand-name equipment such as HP, IBM, or Dell require that a support representative perform
    repairs or upgrades, escorted physical access will be arranged and billed on the same terms as described above.
  • Customer technician and visitors may be subject to video and/or audio recording.


Smart/Remote Hands


On-site data center staff may be available to provide scheduled hands-on support of customer equipment and infrastructure
within a Prominic data center. Smart/Remote Hands only consists of visual and physical support of hardware (i.e., no
application support or access to Customer Data). Smart/Remote Hands examples include but are not limited to:

  • Assisting Customer with moving Customer’s Equipment and uncrating from boxes
  • Labeling equipment and cable connections
  • Inventorying Customer’s Equipment
  • Installing cabling between or from Customer’s Equipment to Customer’s demarcation equipment

Smart Hands support requested by Customer will be considered on a case-by-case basis based on staff availability and the
type of work being requested. Smart Hands support may be expedited at the request of Customer and as agreed by
Prominic.
Customers is responsible for providing Prominic.NET data center staff with any physical equipment required to perform the
requested work, as applicable. Customers may ship equipment directly to Prominic.NET facilities for use in conjunction with
this service. Equipment received more than (10) business days before it is needed for this service must be stored in in-rack
storage space.


Standard Colocation Service Level Agreement


Set forth below are the Service Level Objectives for Prominic.NET managed colocation services:

  • Power – Prominic guarantees that power will be available to customer equipment. Power availability includes
    functioning of all Prominic-supplied power infrastructure, including Power Switch(es), Power Distribution Unit(s)
    and/or Uninterruptible Power Supplies included in the colocation offering.
    • Redundant Power Service Level – Customers with Prominic-supplied redundant (dual-circuit) power, and
      Customer systems with redundant power supplies, are guaranteed 99.999% power availability. This service
      level is met by achieving less than twenty-six (26) seconds of power unavailability over a calendar month per
      rack. A redundant power service is considered unavailable when a functioning cabinet that includes
      Customer-provided automatic failover capability is powered by two (2) power circuits from different power
      busses, and both power circuits experience a simultaneous interruption in electrical power such that the rack
      experiences an interruption in electrical power.
    • Non-Redundant Power Service Level – Customers with non-redundant (single-circuit) power and/or single
      power supply systems are guaranteed 99.5% availability of power. This service level is met by achieving less
      than two hundred twenty-three (223) minutes of power unavailability over a calendar month per rack. A nonredundant power service is considered Unavailable when a functioning cabinet is powered by one (1) power
      circuit, and the power circuit experiences an interruption in electrical power such that the rack experiences
      an interruption in electrical power.
  • Climate Control – Prominic guarantees that room temperature will be maintained within the accepted ASHRAE
    operating temperature range of 18°C (64.4°F) to 27°C (80.6°F) with 99.95% availability. This service level is met by
    achieving less than twenty-two (22) minutes of temperature unavailability over a calendar month per rack.
    Temperature will be considered unavailable when measurements from the cool air intake side of the racks (“cold aisle”) deviate from the accepted operating temperature range. All Customer equipment must be arranged with
    proper airflow to only take cool air in from the “cold aisle” and exhaust only on the back into the “hot aisle”.


Remedy & Credits


If Customer determines in its reasonable commercial judgment that Prominic has failed to reach any aspect of its
Service Level Agreement (“SLA Event”), Customer will notify Prominic Customer Support. After Prominic has verified
and confirmed, in its reasonable commercial judgment, that it has failed to reach such aspect of its Service Level
Agreement, Prominic will, upon customer’s request, credit customer’s account an amount equal to 3% of the monthly
base charges of the customer’s affected service for each one-hour period that the failure exists. Only one SLA
parameter violation may be claimed per event, and only affected services will be eligible for credit. Redundant or
clustered services designed to prevent outages in the event one or more components of the service fail shall be
eligible for credit solely to the extent that Prominic determines a complete outage exists. Customers will not be
credited more than 30% of the total monthly recurring charges for a given service in any given month.


Exclusions


Customer will not be entitled to a credit if the event or condition that would have otherwise given rise to the credit was
caused by any of the following:

  • Force majeure events
  • Scheduled maintenance
  • Customer’s Equipment
  • Actions or inactions of Customer or its representatives.


In order to be eligible for a credit, Customer must report the SLA Event within seven (7) days of the incident. In order
to receive a credit from Prominic, Customer must request the credit by notifying Prominic Customer Support in writing
within fifteen (15) days of the last day of the month in which the SLA Event is remedied (i.e. the trouble ticket is
closed). Credits will issue on the next invoice following the outage and customer’s request for credit and will deduct
from the amount due for the following billing cycle. Credits will not be applied directly to a credit card, via cash or
check, or in any manner other than a service credit on the next invoice.


Scheduled Maintenance


Scheduled Maintenance shall mean any maintenance in the Prominic data center at which the customer’s systems
are located (a) of which the customer is notified at least 24 hours in advance, or (b) that is performed during the
standard maintenance windows of Wednesday and Sunday from 12 AM to 4 AM U.S. Central Time, or (c) that is
conducted at a mutually agreed upon time. Notice of scheduled maintenance will be provided to the customer’s
account contact(s) via e-mail, fax or phone. Prominic will use its best efforts to respect geographic time differences
and/or business hours of its customers when conducting scheduled maintenance.


Customer Support


The official channel for obtaining technical support from Prominic is via e-mail at Support@Prominic.NET. Sending an
e-mail to this address will result in the generation and return e-mailing of a message identification number (MID).
Customer must retain this MID number for reference. Unless as otherwise set forth in Exhibit A, Prominic will respond
to all technical support requests within two (2) business days and will make every attempt to resolve these technical
inquiries within this time frame. Non-critical and general requests will be given lower priority. Critical problems that
affect the day to day operations of a Customer’s account will be given a high priority and every attempt will be made
to resolve these types of problems in the shortest time frame possible. Prominic takes no responsibility for the
reliability of e-mail transmission. If a response was sent to the Customer by Prominic and can be found in the
Prominic Contact Management system, the response will be deemed received by customer.

Customers may also obtain support by phone during normal business hours by calling 888.356.2999 (U.S.) or
+1.217.356.2999 (international); however, the official channel for support remains via e-mail. Prominic makes no
guarantee of the availability of phone support at any time. In all cases, for the safety of customers, only registered
technical contacts are eligible to open support incidents for an account.