SERVICE LEVEL AGREEMENT (SLA)

BataviaWEB™ is proud to offer an exceptional level of performance, reliability, and service. That is why we are making commitments to our customers in the form of a Service Level Agreement (SLA) which provides certain rights and remedies regarding the performance of the BataviaWEB™ network. The BataviaWEB™ Service Level Agreement (SLA) guarantees our network/equipment reliability and performance. This Service Level Agreement (SLA) applies to customers of BataviaWEB™'s™ web hosting, reseller, dedicated server, co-location, e-commerce, and dial-up/dedicated access services.

Uptime Guarantee
BataviaWEB™ strives to maintain a 99% network and server uptime service level. This uptime percentage is a monthly figure, and is is calculated solely by BataviaWEB™ monitoring systems or BataviaWEB™ authorized/contracted outside monitoring services. If BataviaWEB™ fails to meet it's 99.5% uptime guarantee, and it is not due to one of the exceptions below, credits will be made available to each client, upon request, on a case by case basis. BataviaWEB™ will credit a full month's service. Details on how credit amounts are calculated can be found below.

Exceptions
Customer shall not receive any credits under this SLA in connection with any failure or deficiency of the BataviaWEB™ network caused by or associated with:

• Circumstances beyond reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, "Acts of God" (ie...fire, flood, earthquake, tornado, etc...), strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Service Level Agreement

• Telco Failure (ie...Telkom or Indosat cutting a fiber line somewhere)

• Backbone peering point issues (ie...OpenIXP, IIX, NAP having a router go down at Cyber Building that wipes out internet service for the entire Indonesia local exchange and International routing)

• Scheduled maintenance for hardware/software upgrades

• DNS issues not within the direct control of BataviaWEB™

• Client's acts or omissions, including without limitation, any negligence, willful misconduct, or use of BataviaWEB™ service(s) in breach of BataviaWEB™ Policy and Service Guidelines (AUP), by Client or others authorized by Client.

Connectivity:
BataviaWEB™ goal is to make the BataviaWEB™ network available to Client free of outages for 99% of the time. An "outage" is defined as an instance in which Client is unable to transmit and receive IP packets due to a BataviaWEB™ service failure for more than 15 consecutive minutes, excluding service failures relating to BataviaWEB™'s™ scheduled maintenance and upgrades. The BataviaWEB™ network does not include client premises equipment or any Telco access facilities connecting Client's premises to such infrastructure. BataviaWEB™'s™ goal is to keep Average Round-Trip Latency on the BataviaWEB™ network to 85 milliseconds or less. BataviaWEB™ defines "Average Round-Trip Latency", with respect to a given month, as the average time required for round-trip packet transfers between the BataviaWEB™ network and major US backbone peering points during such month, as measured by BataviaWEB™. BataviaWEB™'s™ goal is to keep Average Packet Loss on the BataviaWEB™ network to 1% or less. BataviaWEB™ defines "Average Packet Loss", with respect to a given month, as the average percentage of IP packets transmitted on the BataviaWEB™ network during such month that are not successfully delivered, as measured by BataviaWEB™.

Measurement
BataviaWEB™ will periodically (on average every 10 minutes) monitor BataviaWEB™ network and server availability using software and hardware components capable of measuring application traffic and responses. Client acknowledges that that such measurements may not measure the exact path traversed by Client's internet connection, and that such measurements constitute measurements across the BataviaWEB™ network but not other networks to which Client may connect. BataviaWEB™ reserves the right to periodically change the measurement points and methodologies it uses without notice to Client. Full network and server reporting will be posted to a location designated by BataviaWEB™ and made available to Client.

Hardware Failure
BataviaWEB™ stands behind all equipment on our network. Faulty hardware is rare, but cannot be predicted nor avoided. BataviaWEB™ utilizes only name brand hardware of the highest quality and perfomance. BataviaWEB™ will replace all faulty hardware affecting performance levels of equipment within 12 hours, which includes hardware issues that cause server crashes or speed issues. Hardware failure resulting in complete network/server outage/downtime will be corrected within two hours of problem identification. Router failure is an exception to this SLA guarantee, and may require on-site Cisco™ engineers or backbone provider emergency personnel to correct the problem. Router failure is governed by current BataviaWEB™ contracts with Cisco™ and backbone providers in regard to the emergency repair service in case of such an issue. BataviaWEB™ will replace all faulty hardware on dedicated servers (rented or leased servers), at no charge to the Client, with an unlimited free replacement policy. This includes parts ordered as upgrades.

Credits
Credit requests must be made on the BataviaWEB™ web site, by emailing to billing@BataviaWEB™.com. Each request in connection with network/server outages/downtime must be received by BataviaWEB™ within five days of the occurance. Each request in connection with Average Round-Trip Latency or Average Packet Loss in a calendar month must be received by BataviaWEB™ within five days after the end of such month. The total amount credited to a Client for BataviaWEB™ not meeting SLA service levels will not exceed the service fees paid by Client BataviaWEB™ for such services for the period in question. Each validly requested credit will be applied to a Client invoice within 30 days after BataviaWEB™'s™ receipt of such request. Credits are exclusive of any applicable taxes charged to Client or collected by BataviaWEB™. Upon Client's request (in accordance with the procedure set forth below), BataviaWEB™ will issue a credit to Client for network/server outages/downtime occurring during any calendar month that are reported by Client to BataviaWEB™ and confirmed by BataviaWEB™'s™ measurement reporting. Such credit will be equal to one MONTH's worth of service. If Average Round-Trip Latency on the BataviaWEB™ network for a calendar month exceeds 85 milliseconds, then upon Client's request, BataviaWEB™ will issue a credit to Client equal to one MONTH's worth of service. If Average Packet Loss exceeds 1% during a calendar month, then upon Client's request, BataviaWEB™ will issue a credit to Client equal to one MONTH's worth of service.

Account cancellations
Your account can be cancelled ONLY by submitting secure service cancellation form. Other methods of cancellation are not valid. Once the form submitted account will be cancelled within 60 minutes.

General
BataviaWEB™ Inc reserves the right to change or modify this SLA to benefit the Client, and will post changes to location currently housing this SLA at time of modification, which will be made available to Client. Except as set forth in this SLA, BataviaWEB™ makes no claims regarding the availability or performance of the BataviaWEB™ network or servers. Specific terms/points of this SLA may be adjusted on a case by case basis by the specific Service Agreement signed/agreed by client. In case of difference terms/points in SLA and Service Agreement, the Service Agreement terms/points prevail over this general SLA policy. The Service Agreement signed/agreed by client, is above and beyond this SLA, and Service Agreement terms are in affect, including, but not limited to, limitations of liability.

BataviaWEB.COM
Premier Hosting Company
PT. Batavianic Registrasi Indonesia