Feng-GUI Service Level Agreement

Effective Date: July 14, 2009

Feng-GUI SLA. During the Term of the applicable Feng-GUI Agreement, the Feng-GUI Covered Services web interface will be operational and available to Customer at least 99.9% of the time in any calendar month (the "Feng-GUI SLA"). If Feng-GUI does not meet the Feng-GUI SLA, and if Customer meets its obligations under this Feng-GUI SLA, Customer will be eligible to receive the Service Credits described below. This Feng-GUI SLA states Customer's sole and exclusive remedy for any failure by Feng-GUI to provide the Service.

Definitions

The following definitions shall apply to the Feng-GUI SLA.

Service Commitments and Service Credits

Service Credits are calculated as a percentage of the total charges paid by you for Feng-GUI for the billing cycle in which the error occurred in accordance with the schedule below.

Monthly Uptime Percentage Service Credits Percentage
Equal or greater than 99%
but less than 99.9%
10%
Less than 99.0%25%


We will apply any Service Credits only against future Feng-GUI payments otherwise due from you; provided that, we may issue the Service Credit to the Feng-GUI account that you used for the billing cycle in which the error occurred. Service Credits shall not entitle you to any refund or other payment from Feng-GUI. 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 Feng-GUI Agreement, your sole and exclusive remedy for any unavailability or non-performance of Feng-GUI services or other failure by us to provide Feng-GUI is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA or termination of your use of Feng-GUI Services.

Credit Request and Payment Procedures

To receive a Service Credit, you must submit a request by sending an e-mail message to Feng-GUI support. To be eligible, the credit request must (i) include your account id in the subject of the e-mail message; (ii) include, in the body of the e-mail, the dates and times of each incident of non-zero Error Rates that you claim to have experienced; (iii) include your server 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 asterisks); and (iv) be received by us within seven (7) business days after the end of the billing cycle in which the errors occurred. If the Monthly Uptime Percentage applicable to the month of such request is confirmed by us and is less than 99.9%, then we will issue the Service Credit to you within one billing cycle following the month in which the error occurred. Your failure to provide the request and other information as required above will disqualify you from receiving a Service Credit.

30-Day Money Back Guarantee

Feng-GUI SLA Exclusions

The Feng-GUI SLA does not apply to any service's that expressly exclude this Feng-GUI SLA (as stated in the documentation for such services) or any performance issues: (i) caused by factors outside of Feng-GUI's reasonable control; or (ii) that resulted from Customer's equipment or third party equipment, or both (not within the primary control of Feng-GUI).