DriveHQ Service Level Agreement

This DriveHQ Service Level Agreement (“SLA”) is a policy governing the use of DriveHQ Cloud IT Service between Drive Headquarters, Inc. (“DriveHQ”) and Enterprise Customers of DriveHQ service (“Enterprise Customer”). Enterprise Customers are those who subscribe to a DriveHQ Enterprise plan.

This SLA applies separately to each Enterprise Customer using DriveHQ Cloud IT service.

DriveHQ’s Uptime Commitment to Enterprise Customers

The DriveHQ system is designed to achieve 99.99% uptime in any given year. Uptime is defined as a period when you are able to transfer your data on DriveHQ cloud system using at least one method or tool. DriveHQ offers several methods and tools to upload and download your data, currently these methods and tools include: drivehq.com website, DriveHQ FTP site, Pro FTP site, drive mapping, DriveHQ File Manager, and DriveHQ Online Backup client software.

Unless otherwise stated in a separate contract, your sole and exclusive remedy for any unavailability or non-performance of DriveHQ Cloud IT service or other failure by DriveHQ is the receipt of a Service Credit (if eligible).

Service Downtime

Service downtime is defined when you are not able to both upload and download data using any of the previously mentioned methods and when the cause is due directly to an action, negligence, or component failure of DriveHQ system. Service downtime is calculated from the time of initial reporting by the Enterprise Customer to the time the service was back up. If a credit issuing is justified according to the above chart, the customer must contact DriveHQ within 5 business days to file a claim. The customer can email support@drivehq.com or contact a support representative by phone.

SLA Conditions & Exclusions

The SLA does not apply if the Enterprise Customer has breached any part of the Membership Agreement or Subscription Agreement. This includes but is not limited to having an unpaid negative balance at any point during the downtime, illegal or inappropriate use of our services, service abuses such as mass emailing, using P2P software, download manager software or other automatic software or devices that create too many connections to DriveHQ’s servers.

Other exclusions of the SLA include events and problems which cause downtime and that are normally beyond the control of any online service provider. These may include:

• Natural disasters
• Malicious attacks such as Distributed Denial of Service (DDoS) attacks
• Core hardware maintenance – in very rare cases, certain core hardware needs to be replaced or upgraded, which may cause downtime. DriveHQ will carefully plan and minimize the downtime.
• Factors outside of our reasonable control (force majeure or internet access problems not controlled by us)
• Any actions or inactions of you or any third party that cause the problem
• Failure of your own equipment, software, network connection or technology and/or third party equipment, software, network connection or technology (other than third party equipment within DriveHQ’s direct control)
• User errors including but not limited to not properly allocate storage space, or set sub-user, folder or share permissions.

Scheduled network maintenance usually does not cause any downtime. In rare cases it may cause a brief downtime. Such maintenances are usually performed during weekends. If a scheduled maintenance will cause service downtime of more than 15 minutes, notice of scheduled maintenance will be delivered to email addresses registered with DriveHQ accounts. DriveHQ reserves the right to perform emergency maintenance at any time without advanced notice.