OCP Services SLA

This Service Level Agreement for OCP Services (this “SLA”) is a part of your OCP Service Agreement (the “Agreement”). This SLA defines the performance levels that Omilia provides to its Customers regarding the availability of OCP Services. This SLA only applies to your purchase and use of the OCP Services for a fee, and shall not apply to any free Services or trial Services provided by Omilia.

If you i) are accessing the OCP Services as a customer of an OCP reseller, and ii) have signed an offline variant of this SLA with your reseller, the terms below do not apply to you, and the Service Level Agreement signed with your reseller governs  your use of the OCP Services. In case you are unsure, please contact your reseller.

Notwithstanding the foregoing, you acknowledge that any SLA provisions, commitments, or remedies, do not apply to any unavailability of the OCP Services due to:

(i)               occasional planned downtime at non-peak hours (for which advance notice will be provided); or
(ii)              any unavailability caused by circumstances beyond Omilia’s reasonable control, including failure or delay of Customer’s Internet connection, misconfiguration by Customer or any third party, issues on Customer’s network, or telecommunications services contracted by or for Customer, or
(iii)             unavailability as a result of the actions of Azure or AWS, including (a) any maintenance or planned downtime of the Azure or AWS services, (b) any fault or failure of the Azure or AWS services, or (c) Azure or AWS either terminating the Azure or AWS Customer Agreement or suspending Omilia’s or Customer’s use of Azure or AWS services.

1. Hours of Operation

The Omilia OCP Services are designed to be available 24 hours a day, 7 days a week, 365 days a year, except during maintenance periods, technology upgrades and as otherwise set forth in the End-User Agreement, Partner Agreement, Service order and this OCP Services SLA.

2. Service Availability

Commencing at Omilia’s activation of any OCP Services in production state for the End User, Omilia works to meet the Target Service Availability Level, or Target Service Uptime, of 99.9% in a specific region. This is in accordance with the terms set forth in the OCP Service Terms and Conditions.

3. Monitoring

Omilia uses a variety of software tools to monitor the availability and performance of the OCP Services, and currently generates alerts for monitored components. Omilia’s staff monitors alerts associated with deviations to Omilia defined thresholds, and follows standard operating procedures to investigate and resolve underlying issues. Omilia regularly performs performance, penetration and vulnerability testing and security assessments against OCP infrastructure, platforms, and applications in order to validate and improve the overall security of OCP Services. Partner or End User cannot perform performance, penetration and vulnerability testing and security assessments against OCP infrastructure, platforms, and applications, without the written consent of Omilia.

4. Service Credits

End User may receive Service Credits in the event that the Target Service Availability Level or Target Service Uptime for Omilia OCP Services that End User has subscribed to under the End User order is below the defined Target Service Availability Level applicable to such OCP Service(s). Service Credits can be applied against the next month’s OCP Services Subscription Fees. The maximum cumulative credit for each and every OCP Service Subscription in any Month period is not to exceed 10% of the total invoice for the same period. In addition, a given incident on a given OCP Service which consequently affects additional OCP Services, can not give rise to multiple penalties.

Service Availability Level	Credit % of monthly fee
≥ 99.9%	0
99.5% – 99.8%	2
99.0% – 99.4%	5
< 99.0%	10

5. Support Services

Omilia shall provide support services for its OCP Services in the form of incident management and resolution, on a 24×7 (twenty-four-by-seven) basis.