One Safe Place Media Corporation Service Level Agreement

This OSP Service Level Agreement (this “SLA”) is a policy governing the use of the Included Products and Services (listed below) by you or the entity you represent (“you”) under the terms of the OSP Terms of Service (the “OSP ToS” or ToS”) between One Safe Place Media Corporation (“OSP”, “us” or “we”) and you. This SLA applies separately to each account using the Included Products and Services. Unless otherwise provided herein, this SLA is subject to the terms of the OSP ToS and capitalized terms will have the meaning specified in the OSP ToS. We reserve the right to change the terms of this SLA in accordance with the OSP ToS.

1. Included Products and Services

OSP Cloud Backup https://www.onesafeplace.com/cloud-backup-recovery, https://www.onesafeplace.com/one-hybrid-backup, https://www.onesafeplace.com/osp-cloud-backup,

https://www.onesafeplace.com/endpoint-protection, www.datto.com, www.carbonite.com

SAAS Protection: www.backupify.com

Hosted Syslog Backup: www.manageengine.com

Offsite Tape Vaulting: https://www.onesafeplace.com/tape-vaulting, www.tapetrack.com

Data Destruction: https://www.onesafeplace.com/data-destruction

Video Tape and Film Storage: https://www.onesafeplace.com/video-tape-film

2. Service Commitment

OSP will use commercially reasonable efforts to make the Included Products and Services each available with a Monthly Uptime Percentage (defined below) of at least 99%, in each case during any monthly billing cycle (the “Service Commitment”). In the event any of the Included Products and Services do not meet the Service Commitment, you will be eligible to receive a Service Credit as OSP and you agree.

3. Definitions

“Monthly Uptime Percentage” is calculated by subtracting from 100% the percentage of minutes during the month in which any of the Included Products and Services, as applicable Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly from any OSP Services SLA Exclusion (defined below).

 A “Service Credit” is a dollar credit that OSP and you agree to.

We will apply any Service Credits only against future OSP payments otherwise due from you. Service Credits will not entitle you to any refund or other payment from OSP. Service Credits may not be transferred or applied to any other account. Unless otherwise provided in the OSP ToS, your sole and exclusive remedy for any unavailability, non-performance, or other failure by us to provide the SLA will be a Service Credit in accordance with the terms of this SLA.

4. Credit Request and Payment Procedures

To receive a Service Credit, you must submit a claim by opening a case in the OSP Support Center. 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:

1. the words “SLA Credit Request” in the subject line;
2. the dates and times of each Unavailability incident that you are claiming; and
3. 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 asterisks).

If the Monthly Uptime Percentage of such request is confirmed by us and is less than the Service Commitment, then we will agree in writing to 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 Credit.

5. SLA Exclusions

The Service Commitment does not apply to any unavailability, suspension or termination of OSP Services performance issues: (i) that result from a suspension described in Section 4of the OSP ToS; (ii) caused by factors outside of our reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of OSP Services; (iii) that result from any actions or inactions of you or any third party, including failure to acknowledge a recovery volume; (iv) that result from your equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within our direct control); (v) that result from failures of individual instances or volumes not attributable to Region Unavailability; (vi) that result from any maintenance as provided for pursuant to the OSP ToS; or (vii) arising from our suspension and termination of your right to use the OSP Services in accordance with the OSP ToS (collectively, the “OSP SLA Exclusions”). If availability is impacted by factors other than those used in our Monthly Uptime Percentage calculation, then we may agree to a Service Credit considering such factors at our discretion.

The terms were last modified on August 6, 2020.