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NETWINDY LLC
Service Level Agreement (SLA)
Effective Date: April 1st 2026

1. Purpose and Scope

1.1 Purpose

This Service Level Agreement (“SLA“) establishes the service level objectives, support commitments, availability targets, response objectives, maintenance practices, and operational standards applicable to Services provided by Netwindy LLC (“Netwindy“, “Company“, “we“, “our“, or “us“).

The purpose of this SLA is to define measurable service expectations while establishing a clear understanding of the responsibilities shared between Netwindy LLC and the Customer.

1.2 Scope

This SLA applies only to Services specifically identified as being covered under an executed Master Services Agreement (MSA), Statement of Work (SOW), Service Order, Proposal, Quote, or other written agreement between Netwindy LLC and the Customer.

Services not expressly identified as covered by this SLA are provided on a commercially reasonable efforts basis and are not subject to the service level objectives contained herein.

1.3 Relationship to Other Agreements

This SLA forms part of the contractual relationship between Netwindy LLC and the Customer and is incorporated by reference into the applicable Master Services Agreement (MSA).

In the event of any conflict between this SLA and the Master Services Agreement, the Master Services Agreement shall control unless the applicable Statement of Work expressly provides otherwise.

1.4 Service Objectives

The service objectives described in this SLA represent target performance goals intended to promote reliable, secure, and professional service delivery.

Except where expressly stated, these objectives are not guarantees of uninterrupted operation, continuous availability, or resolution within a specified timeframe.

1.5 Commercially Reasonable Efforts

Netwindy LLC will use commercially reasonable efforts to achieve the service levels described in this SLA while recognizing that technology services are dependent upon numerous factors beyond the Company’s reasonable control, including third-party providers, telecommunications carriers, cloud platforms, utility providers, hardware manufacturers, software vendors, and Customer-managed infrastructure.

1.6 Applicability

This SLA applies only during the active term of the applicable Service and remains effective for so long as the covered Service is provided by Netwindy LLC.

Expiration or termination of the applicable Service Agreement automatically terminates the Customer’s rights under this SLA.

1.7 Definitions

For purposes of this SLA, the terms “Availability,” “Response Time,” “Resolution Objective,” “Scheduled Maintenance,” “Emergency Maintenance,” and “Business Hours” shall have the meanings assigned to them within this Agreement.

1.8 Customer Acknowledgment

The Customer acknowledges that this SLA establishes operational service objectives and support expectations and does not expand Netwindy LLC’s liability beyond the limitations contained in the Master Services Agreement (MSA), Terms of Service (TOS), or other governing agreements.

2. Covered Services

2.1 Covered Services

This Service Level Agreement applies only to Services specifically identified within the applicable Master Services Agreement (MSA), Statement of Work (SOW), Proposal, Quote, Service Order, or other written agreement executed or accepted by the Customer.

2.2 Infrastructure as a Service (IaaS)

Infrastructure as a Service (IaaS) includes cloud infrastructure, virtual servers, storage resources, virtual networking, hosted infrastructure, and related platform services provided and managed by Netwindy LLC.

Where contracted, Netwindy LLC will provide commercially reasonable efforts to maintain the availability objectives identified in this SLA.

2.3 Voice as a Service (VaaS)

Voice as a Service (VaaS) includes hosted Voice over IP (VoIP), cloud PBX services, SIP trunking, unified communications, voicemail, call routing, and related telecommunications services provided or managed by Netwindy LLC.

2.4 Disaster Recovery as a Service (DRaaS)

Disaster Recovery as a Service (DRaaS) includes backup replication, disaster recovery infrastructure, failover services, recovery orchestration, and business continuity solutions provided by Netwindy LLC.

2.5 Security as a Service (SECaaS)

Security as a Service (SECaaS) includes managed firewalls, endpoint protection, managed detection and response (MDR), security monitoring, vulnerability management, email security, DNS security, identity protection, and other managed cybersecurity services.

2.6 Web Hosting Services

Web Hosting Services include website hosting, web application hosting, content management systems, databases, web servers, SSL certificate management, and related hosting infrastructure managed by Netwindy LLC.

2.7 Email Hosting Services

Email Hosting Services include Microsoft 365, Google Workspace, hosted Microsoft Exchange, hosted email platforms, email security, spam filtering, email continuity, archiving, and related messaging services managed by Netwindy LLC.

2.8 Managed IT Services

Managed IT Services may include remote monitoring and management (RMM), help desk services, workstation management, server administration, network management, patch management, backup management, endpoint administration, and other recurring managed technology services identified within the applicable Service Agreement.

2.9 Professional Services

Professional Services, including consulting, project work, system implementations, migrations, installations, training, assessments, and technology consulting, are generally provided on a commercially reasonable efforts basis unless specific service levels are expressly identified within the applicable Statement of Work.

2.10 Excluded Services

This SLA does not apply to products or services provided by third-party vendors unless expressly stated in writing. Customer-owned hardware, software, internet connectivity, telecommunications services, utility providers, cloud platforms, and other third-party infrastructure remain subject to the service commitments of their respective providers.

3. Service Availability

3.1 Availability Commitment

Netwindy LLC will use commercially reasonable efforts to achieve the service availability objectives described in this Section for covered Services. Availability objectives are measured on a monthly basis unless otherwise specified in the applicable Statement of Work (SOW) or Service Level Agreement.

Availability commitments apply only to Services specifically covered by this SLA and do not apply to excluded events identified elsewhere in this Agreement.

3.2 Availability Objectives

Covered Service Availability Objective
Infrastructure as a Service (IaaS) 99.9%
Voice as a Service (VaaS) 99.9%
Disaster Recovery as a Service (DRaaS) 99.9%
Security as a Service (SECaaS) 99.9%
Email Hosting Services 99.5%
Web Hosting Services 99.0%

3.3 Service Availability

A Service shall be considered available when it is capable of performing its intended function, including authentication, normal operation, and access to the primary features of the contracted Service.

Examples include, where applicable:

  • Users can successfully authenticate.
  • Customer portals are operational.
  • Hosted applications are accessible.
  • Hosted websites are publicly available.
  • Email services are capable of sending and receiving messages.
  • Voice services are capable of placing and receiving calls.
  • Cloud infrastructure is operational and accessible.

3.4 Annual Downtime Reference

The following table illustrates the approximate annual downtime associated with various availability objectives:

Availability Approximate Annual Downtime
99.9% 8.77 Hours
99.8% 17.53 Hours
99.5% 1.83 Days
99.0% 3.65 Days

3.5 Availability Measurement

Availability shall be measured using Netwindy LLC’s internal monitoring systems, logging platforms, network monitoring tools, and other commercially reasonable operational metrics.

Monitoring data maintained by Netwindy LLC shall be considered the official record for purposes of determining service availability unless otherwise required by applicable law.

3.6 Service Interruptions

Temporary interruptions may occur due to scheduled maintenance, emergency maintenance, security updates, software upgrades, hardware replacements, vendor maintenance, or other operational activities necessary to maintain the reliability and security of the Services.

Such interruptions shall be evaluated in accordance with the exclusions identified elsewhere in this SLA.

3.7 No Guarantee of Continuous Operation

While Netwindy LLC strives to exceed the availability objectives identified herein, the Customer acknowledges that no technology service can guarantee uninterrupted, continuous, or error-free operation.

Availability objectives represent operational targets and shall not be interpreted as guarantees except where expressly required by an executed Service Level Agreement.

3.8 Relationship to Service Credits

Any service credits, if offered, shall be governed exclusively by the Service Credit provisions contained in this SLA or the applicable Statement of Work.

No service credits shall be implied solely because an availability objective was not achieved.

4. Scheduled Maintenance

4.1 Purpose

Netwindy LLC performs scheduled maintenance to maintain the security, reliability, stability, and performance of the Services. Scheduled maintenance may include software updates, operating system patches, firmware upgrades, hardware replacements, security enhancements, infrastructure improvements, database optimization, backup verification, and other preventative maintenance activities.

4.2 Maintenance Windows

Whenever reasonably practical, scheduled maintenance will be performed during periods of historically low customer utilization to minimize operational impact.

Unless otherwise specified in the applicable Statement of Work (SOW), Netwindy LLC generally performs scheduled maintenance during designated maintenance windows established by the Company.

4.3 Customer Notification

For scheduled maintenance expected to materially affect Service availability, Netwindy LLC will use commercially reasonable efforts to provide advance notice through one or more of the following methods:

  • Email notification.
  • Customer Portal announcements.
  • Billing Portal notifications.
  • Service status notifications.
  • Other commercially reasonable communication methods.

4.4 Maintenance Activities

Scheduled maintenance may include, but is not limited to:

  • Operating system updates.
  • Security patch deployment.
  • Firmware upgrades.
  • Hardware replacement.
  • Storage maintenance.
  • Network infrastructure upgrades.
  • Database maintenance.
  • Backup testing.
  • Software version upgrades.
  • Performance optimization.

4.5 Customer Responsibilities

The Customer agrees to cooperate with scheduled maintenance activities, including providing required access, approving maintenance windows where applicable, and making authorized personnel available when necessary.

Failure to reasonably cooperate with scheduled maintenance may affect Service availability, security, performance, or support eligibility.

4.6 Availability Calculations

Scheduled maintenance performed during announced maintenance windows shall not be included when calculating Service Availability under this SLA.

Maintenance performed at the Customer’s request or maintenance delayed due to Customer actions shall likewise be excluded from availability calculations.

4.7 Maintenance Extensions

If unforeseen circumstances require scheduled maintenance to continue beyond the originally anticipated maintenance window, Netwindy LLC will use commercially reasonable efforts to notify affected Customers and restore Services as quickly as reasonably practical.

4.8 Right to Perform Maintenance

Netwindy LLC reserves the right to perform scheduled maintenance whenever reasonably necessary to maintain the security, reliability, integrity, compliance, or long-term operation of the Services.

Nothing contained in this Section shall limit Netwindy LLC’s ability to perform Emergency Maintenance as described elsewhere in this Service Level Agreement.

5. Emergency Maintenance

5.1 Purpose

Netwindy LLC reserves the right to perform Emergency Maintenance whenever reasonably necessary to protect the security, stability, availability, or integrity of the Services, Customer environments, or Netwindy LLC infrastructure.

Emergency Maintenance may be performed without prior notice when immediate action is necessary to reduce risk or restore critical operations.

5.2 Emergency Maintenance Events

Emergency Maintenance may be initiated in response to, including but not limited to:

  • Active cybersecurity incidents.
  • Critical security vulnerabilities.
  • Zero-day exploits.
  • Ransomware attacks.
  • Distributed Denial-of-Service (DDoS) attacks.
  • Critical hardware failures.
  • Storage failures.
  • Network infrastructure failures.
  • Critical software defects.
  • Vendor-issued emergency security patches.
  • Regulatory or legal requirements.
  • Any condition reasonably believed to threaten Service availability, Customer data, or system integrity.

5.3 Customer Notification

When circumstances permit, Netwindy LLC will provide advance notice before performing Emergency Maintenance.

If advance notice is not reasonably possible, Netwindy LLC will notify affected Customers as soon as practical following the commencement of Emergency Maintenance.

5.4 Service Interruptions

Emergency Maintenance may temporarily interrupt or limit access to affected Services while corrective actions are performed.

Netwindy LLC will use commercially reasonable efforts to minimize the duration and impact of Emergency Maintenance activities.

5.5 Availability Calculations

Service interruptions resulting from Emergency Maintenance performed to protect Customer environments, Netwindy LLC infrastructure, or third-party infrastructure shall not be included when calculating Service Availability under this SLA.

5.6 Customer Cooperation

The Customer agrees to provide reasonable cooperation during Emergency Maintenance, including granting necessary access, responding to authorization requests, making appropriate personnel available, and following reasonable security recommendations provided by Netwindy LLC.

5.7 Restoration Priority

During Emergency Maintenance, Netwindy LLC shall prioritize restoring critical infrastructure, protecting Customer data, mitigating security risks, and returning affected Services to normal operation as quickly as commercially reasonable.

5.8 Reservation of Rights

Nothing contained in this Agreement shall prevent Netwindy LLC from taking any immediate action reasonably necessary to protect Customer systems, Company infrastructure, third-party services, or the public from imminent harm, security threats, or operational failures.

6. Service Availability Measurements

6.1 Measurement Methodology

Service Availability shall be measured using Netwindy LLC’s internal monitoring platforms, infrastructure monitoring systems, application monitoring tools, network monitoring systems, security monitoring platforms, and other commercially reasonable operational metrics.

Monitoring systems maintained by Netwindy LLC shall serve as the official source for determining Service Availability unless otherwise required by applicable law.

6.2 Availability Formula

Monthly Service Availability shall be calculated using the following formula:

Availability (%) = [(Total Minutes in the Measurement Period − Unscheduled Downtime) ÷ Total Minutes in the Measurement Period] × 100

Scheduled Maintenance, Emergency Maintenance, and other excluded events identified in this SLA shall not be included when calculating Service Availability.

6.3 Measurement Period

Unless otherwise specified in the applicable Statement of Work (SOW), Service Availability shall be measured over each calendar month.

Availability measurements shall not carry forward from one measurement period to another.

6.4 Service Monitoring

Netwindy LLC may continuously monitor covered Services using automated monitoring platforms designed to detect outages, degraded performance, hardware failures, software failures, security events, capacity limitations, and other operational conditions.

Monitoring methods may vary depending upon the specific Service provided.

6.5 Verification of Downtime

A Service interruption shall be considered official only after verification by Netwindy LLC using commercially reasonable diagnostic procedures.

Customer reports alone do not automatically establish that a Service Availability event has occurred.

6.6 Partial Service Interruptions

Performance degradation affecting only a limited feature, individual user, isolated endpoint, or non-critical component shall not necessarily constitute Service unavailability unless it materially prevents the intended operation of the contracted Service.

6.7 Third-Party Monitoring

Customers may utilize independent monitoring systems for informational purposes; however, Netwindy LLC’s monitoring records shall govern the official determination of Service Availability unless otherwise agreed in writing.

6.8 Measurement Exclusions

The following events shall not be included when calculating Service Availability:

  • Scheduled Maintenance.
  • Emergency Maintenance.
  • Customer-requested maintenance.
  • Customer-caused outages.
  • Third-party provider failures.
  • Internet Service Provider (ISP) outages.
  • Utility or power failures.
  • Force Majeure events.
  • Customer-owned hardware or software failures.
  • Events excluded elsewhere in this SLA.

6.9 Service Restoration

Upon confirmation of an unplanned Service interruption, Netwindy LLC will use commercially reasonable efforts to restore affected Services as quickly as practical based upon the nature, severity, and operational impact of the incident.

6.10 Continuous Improvement

Netwindy LLC continually evaluates monitoring technologies, operational procedures, infrastructure design, cybersecurity controls, and incident response practices in an effort to improve Service Availability, reliability, and overall Customer experience.

7. SLA Exclusions

7.1 Purpose

The service level objectives described in this Service Level Agreement apply only to qualifying Service interruptions under the direct operational control of Netwindy LLC.

The events described in this Section shall not be considered Service Availability failures and shall be excluded from all Service Availability calculations, response commitments, and any applicable Service Credit calculations unless expressly stated otherwise in writing.

7.2 Scheduled Maintenance

Downtime resulting from Scheduled Maintenance performed in accordance with this SLA shall not be considered Service unavailability.

7.3 Emergency Maintenance

Downtime resulting from Emergency Maintenance performed to protect Customer environments, Netwindy LLC infrastructure, or third-party infrastructure shall not be considered Service unavailability.

7.4 Customer-Caused Events

Service interruptions resulting from Customer actions or omissions are excluded from this SLA, including but not limited to:

  • Customer configuration changes.
  • Customer-owned hardware failures.
  • Customer-owned software failures.
  • Customer network failures.
  • Improper system administration.
  • Unauthorized modifications.
  • Failure to follow Netwindy LLC recommendations.
  • Failure to maintain supported software or hardware.

7.5 Third-Party Provider Failures

Netwindy LLC shall not be responsible for Service interruptions caused by third-party providers, including but not limited to:

  • Internet Service Providers (ISPs).
  • Cloud service providers.
  • Telecommunications carriers.
  • Utility providers.
  • Software publishers.
  • Hardware manufacturers.
  • Domain registrars.
  • Certificate Authorities.

7.6 Force Majeure

Events beyond the reasonable control of Netwindy LLC, including those described in the Force Majeure provisions of the Master Services Agreement (MSA), are excluded from the Service Availability calculations contained in this SLA.

7.7 Security Incidents

Downtime resulting from active cybersecurity incidents, malicious attacks, ransomware, Distributed Denial-of-Service (DDoS) attacks, zero-day vulnerabilities, emergency security response activities, or other security-related events beyond Netwindy LLC’s reasonable control shall be excluded from Service Availability calculations.

7.8 Customer Delays

Any delay resulting from the Customer’s failure to provide required approvals, credentials, system access, technical contacts, physical access, or other information necessary for Netwindy LLC to perform the Services shall not be considered a failure to meet this SLA.

7.9 Beta and Evaluation Services

Beta services, proof-of-concept deployments, demonstration systems, trial services, laboratory environments, evaluation software, and pre-release technologies are provided on an “as-is” basis unless expressly stated otherwise in writing and are not covered by this SLA.

7.10 Reservation of Rights

Netwindy LLC reserves the right to determine, using commercially reasonable judgment and supporting operational records, whether a Service interruption qualifies as an excluded event under this Section.

Nothing contained in this Section limits any other exclusions contained elsewhere in this Service Level Agreement, the Master Services Agreement (MSA), the Terms of Service (TOS), or the applicable Statement of Work (SOW).

8. Incident Priorities

8.1 Purpose

Netwindy LLC classifies support requests according to the severity of the incident, the number of affected users, the operational impact to the Customer, and the urgency required to restore normal business operations.

Incident priority is determined by Netwindy LLC using commercially reasonable judgment and may be adjusted as additional information becomes available during the support process.

8.2 Priority 1 – Critical

A Critical (Priority 1) incident involves a complete outage or severe degradation of a mission-critical business system where no reasonable workaround exists and immediate action is required.

Examples include, but are not limited to:

  • Complete network outage.
  • Internet connectivity failure affecting the entire organization.
  • Complete server failure.
  • Production virtualization platform failure.
  • Firewall failure.
  • Ransomware or active cybersecurity incident.
  • Complete email outage affecting all users.
  • Complete VoIP or telephone system outage.

8.3 Priority 2 – High

A High (Priority 2) incident significantly impacts business operations but does not completely prevent the Customer from conducting normal business activities.

Examples include:

  • Major server performance issues.
  • Partial network outage.
  • Storage degradation.
  • Critical application failure affecting multiple users.
  • Major cloud service degradation.
  • Security event requiring immediate investigation.

8.4 Priority 3 – Medium

A Medium (Priority 3) incident affects one or more users but generally has an available workaround or limited operational impact.

Examples include:

  • Single user unable to access an application.
  • VPN connectivity issues.
  • Printer failures.
  • Workstation issues.
  • Application configuration assistance.
  • Minor network issues.

8.5 Priority 4 – Low

A Low (Priority 4) request involves routine service requests, informational questions, administrative changes, or non-urgent support activities.

Examples include:

  • Password resets.
  • User account changes.
  • Software installation requests.
  • Moves, adds, and changes.
  • Training requests.
  • General consultation.
  • Documentation requests.

8.6 Priority Assignment

Netwindy LLC reserves the right to assign or modify the priority level of any incident based upon its actual business impact, technical severity, number of affected users, security implications, available workarounds, and operational risk.

8.7 Incident Escalation

Incidents may be escalated internally as necessary to senior engineers, security specialists, project engineers, management personnel, or third-party vendors to facilitate timely resolution.

8.8 Customer Cooperation

The Customer agrees to provide sufficient information, diagnostic details, system access, and authorized technical contacts necessary to properly classify, investigate, and resolve reported incidents.

Failure to provide requested information may delay incident classification or resolution.

8.9 Misclassification

Customers shall not intentionally misclassify incidents as Critical in an effort to obtain expedited service.

Netwindy LLC reserves the right to reclassify improperly submitted incidents to the appropriate priority level based upon the actual operational impact.

8.10 Relationship to Response Objectives

The incident priorities established in this Section are used to determine the applicable Response Time Objectives, Resolution Objectives, escalation procedures, and support resource allocation described elsewhere in this Service Level Agreement.

9. Response Time Objectives

9.1 Purpose

Netwindy LLC establishes Response Time Objectives to define the target time within which a qualified support representative will acknowledge, begin evaluating, or initiate work on a reported incident after it has been properly received and classified.

Response Time Objectives are operational targets and should not be interpreted as guaranteed resolution times.

9.2 Response Time Objectives

Incident Priority Target Response Time
Priority 1 – Critical Within 45 Minutes (24×7)
Priority 2 – High Within 4 Business Hours
Priority 3 – Medium Within 1 Business Day
Priority 4 – Low Within 2 Business Days

9.3 Definition of Response

A Response is defined as the initial acknowledgment by Netwindy LLC that a support request has been received and assigned for investigation. A response may include ticket creation, initial troubleshooting, requests for additional information, remote diagnostics, escalation, or assignment to the appropriate technical resource.

A Response does not constitute resolution of the reported issue.

9.4 Incident Receipt

Response Time Objectives begin when a support request has been properly submitted through an approved support channel and sufficient information has been provided to allow Netwindy LLC to classify the incident.

Support requests submitted outside normal Business Hours may be processed at the beginning of the next Business Day unless classified as a Priority 1 – Critical incident.

9.5 Business Hours

Unless otherwise specified within the applicable Statement of Work (SOW), Response Time Objectives for Priority 2, Priority 3, and Priority 4 incidents apply during Netwindy LLC’s published Business Hours.

Priority 1 – Critical incidents may be responded to outside normal Business Hours where the Customer’s Service Agreement includes after-hours emergency support.

9.6 Customer Responsibilities

The Customer shall provide complete and accurate information when submitting support requests, including the nature of the problem, affected systems, error messages, business impact, contact information, and any other information reasonably requested by Netwindy LLC.

Failure to provide requested information may delay the Response Time Objective.

9.7 Response Time Exceptions

Response Time Objectives shall not apply during Force Majeure events, widespread regional emergencies, internet outages beyond Netwindy LLC’s control, third-party provider failures, Customer-caused delays, security incidents affecting multiple Customers, or other events excluded under this SLA.

9.8 Incident Escalation

Netwindy LLC may escalate incidents internally to senior engineers, cybersecurity specialists, project engineers, management personnel, or third-party vendors whenever reasonably necessary to facilitate timely investigation and restoration of Services.

9.9 No Guarantee of Resolution

Response Time Objectives establish the target timeframe for initiating support activities and do not guarantee that any incident will be resolved within a particular period.

Resolution times depend upon the complexity of the incident, Customer cooperation, third-party vendor involvement, hardware availability, software defects, cybersecurity events, and other operational factors.

9.10 Continuous Improvement

Netwindy LLC continually reviews support metrics, incident response performance, staffing levels, operational procedures, and customer feedback in an effort to improve Response Time Objectives and overall service quality.

10. Resolution Objectives

10.1 Purpose

Resolution Objectives establish Netwindy LLC’s target timeframes for restoring Service, implementing a workaround, or otherwise resolving reported incidents after the initial response has occurred.

Resolution Objectives represent operational goals based upon the severity and complexity of each incident and are not guaranteed resolution times.

10.2 Resolution Objectives

Incident Priority Target Resolution Objective
Priority 1 – Critical Commercially reasonable efforts to restore Service continuously until a workaround or resolution is achieved.
Priority 2 – High Target resolution within one (1) Business Day where reasonably possible.
Priority 3 – Medium Target resolution within three (3) Business Days.
Priority 4 – Low Target resolution within five (5) Business Days or as scheduled with the Customer.

10.3 Definition of Resolution

An incident shall be considered resolved when one or more of the following has occurred:

  • The reported issue has been permanently corrected.
  • A commercially reasonable workaround has been implemented.
  • The affected Service has been restored to normal operation.
  • The issue has been determined to be outside the scope of Netwindy LLC’s contracted Services.
  • The incident has been transferred to the responsible third-party provider.
  • The Customer confirms that no further assistance is required.

10.4 Factors Affecting Resolution

Resolution times may vary depending upon the complexity of the incident, availability of replacement hardware, software defects, third-party vendor involvement, manufacturer support, Customer responsiveness, cybersecurity investigations, regulatory requirements, or other operational considerations.

10.5 Third-Party Dependencies

Where resolution depends upon a third-party vendor, cloud provider, telecommunications carrier, software publisher, hardware manufacturer, or other external organization, Netwindy LLC will coordinate commercially reasonable efforts to facilitate resolution but cannot guarantee third-party response or repair times.

10.6 Temporary Workarounds

Where immediate permanent correction is not reasonably possible, Netwindy LLC may implement temporary workarounds intended to restore business operations while permanent corrective actions are developed.

Implementation of an accepted workaround may constitute resolution for purposes of this SLA until permanent corrective action can reasonably be completed.

10.7 Customer Responsibilities

The Customer agrees to provide timely approvals, system access, testing assistance, verification of corrective actions, and authorized personnel necessary to facilitate incident resolution.

Customer-caused delays shall extend applicable Resolution Objectives accordingly.

10.8 Incident Closure

Support incidents may be closed when:

  • The issue has been resolved.
  • A mutually accepted workaround has been implemented.
  • The Customer confirms completion.
  • The Customer fails to respond to repeated requests for information after reasonable follow-up attempts.
  • The issue is determined to be outside the scope of contracted Services.

10.9 No Guarantee of Resolution Time

Resolution Objectives are intended to establish operational performance goals and shall not be interpreted as contractual guarantees.

Certain incidents, including software defects, cybersecurity events, hardware failures requiring replacement parts, and third-party service interruptions, may reasonably require longer resolution periods.

10.10 Continuous Service Improvement

Netwindy LLC periodically reviews incident metrics, root cause analyses, engineering procedures, operational processes, vendor performance, and customer feedback in an effort to continually improve resolution efficiency and overall service quality.

11. Business Hours and Support

11.1 Standard Business Hours

Unless otherwise specified in the applicable Statement of Work (SOW) or Service Agreement, Netwindy LLC’s standard Business Hours are:

  • Monday through Friday
  • 8:00 AM to 5:00 PM Arizona Time (MST/Arizona Time)
  • Excluding Company-observed holidays

Business Hours are used for calculating Response Time Objectives and Resolution Objectives for non-critical incidents.

11.2 After-Hours Support

Support requests submitted outside normal Business Hours will be processed on the next Business Day unless the incident qualifies as a Priority 1 – Critical incident or the Customer has purchased after-hours support coverage.

11.3 Emergency Support

Priority 1 – Critical incidents affecting covered Services may receive emergency support outside normal Business Hours where such support is included within the Customer’s Service Agreement.

Emergency support is intended for incidents that significantly impair business operations and require immediate technical intervention.

11.4 Approved Support Channels

Customers may request support through one or more of the following approved communication methods:

  • Netwindy LLC Customer Portal.
  • Netwindy LLC Billing Portal.
  • Email.
  • Telephone.
  • Remote support systems.
  • Other communication methods approved by Netwindy LLC.

11.5 Support Coverage

Support Services may include remote troubleshooting, system administration, incident investigation, software support, infrastructure management, security response, maintenance activities, and other Services specifically identified within the Customer’s Service Agreement.

Support provided outside the contracted scope of Services may be billed separately at Netwindy LLC’s then-current rates.

11.6 On-Site Support

Where on-site technical assistance is required, scheduling shall be based upon technician availability, geographic location, incident priority, and the terms of the applicable Service Agreement.

Travel charges, mileage, lodging, and other expenses may apply unless otherwise included within the Customer’s Service Agreement.

11.7 Customer Availability

The Customer agrees to maintain current technical contacts and authorized representatives who are available to approve work, provide requested information, perform testing, and assist with incident resolution during support activities.

Customer unavailability may delay Response or Resolution Objectives.

11.8 Holidays and Company Closures

Netwindy LLC may observe Company holidays, scheduled training events, and other announced business closures.

Unless otherwise specified in the applicable Service Agreement, Response and Resolution Objectives for non-critical incidents shall be suspended during such periods.

11.9 Support Limitations

Support Services are limited to the products, Services, devices, software, infrastructure, and environments covered by the applicable Service Agreement.

Requests involving unsupported hardware, unsupported software, third-party products, or services outside the contracted scope may require a separate agreement or additional charges.

11.10 Continuous Service Improvement

Netwindy LLC continually evaluates staffing levels, support processes, engineering resources, customer feedback, and operational performance in an effort to improve the overall customer support experience while maintaining efficient and professional service delivery.

12. Customer Responsibilities

12.1 Customer Cooperation

The Customer agrees to cooperate with Netwindy LLC in the delivery of Services by providing timely access to systems, facilities, personnel, documentation, credentials, and other information reasonably necessary to perform support, maintenance, monitoring, troubleshooting, and incident response activities.

12.2 Authorized Contacts

The Customer shall designate one or more authorized representatives who are authorized to submit support requests, approve maintenance activities, authorize service changes, verify incident resolution, and communicate with Netwindy LLC regarding the Services.

Netwindy LLC may rely upon communications received from authorized representatives until notified otherwise in writing.

12.3 Accurate Information

The Customer shall provide complete and accurate information when submitting support requests, including a description of the issue, affected users or systems, business impact, error messages, and any troubleshooting already performed.

Incomplete or inaccurate information may delay incident classification, response, or resolution.

12.4 System Access

The Customer shall provide Netwindy LLC with timely administrative access, remote access, physical access, network connectivity, credentials, and other resources reasonably necessary to investigate and resolve reported incidents.

Delays in providing access may extend applicable Response Time Objectives and Resolution Objectives.

12.5 Supported Environment

The Customer acknowledges that Service Level Objectives apply only to supported hardware, software, operating systems, cloud platforms, and other technology environments identified within the applicable Service Agreement.

Unsupported, end-of-life, or materially modified systems may not qualify for the Service Levels described in this SLA.

12.6 Customer Maintenance

The Customer is responsible for maintaining Customer-owned infrastructure, including internet connectivity, electrical power, environmental controls, telecommunications services, and other systems not expressly managed by Netwindy LLC.

12.7 Security Responsibilities

The Customer remains responsible for maintaining appropriate security policies, password management, user access controls, physical security, regulatory compliance, and cybersecurity practices unless such responsibilities have been expressly delegated to Netwindy LLC under the applicable Service Agreement.

12.8 Timely Approvals

The Customer agrees to promptly review and approve maintenance requests, change requests, security recommendations, licensing updates, hardware replacements, and other actions requiring Customer authorization.

Failure to provide timely approvals may delay Service delivery or incident resolution.

12.9 Customer Backups

Unless backup Services are expressly included within the applicable Statement of Work or Service Agreement, the Customer remains solely responsible for maintaining appropriate backups of all systems, applications, databases, and business data.

Where backup Services are provided by Netwindy LLC, the Customer remains responsible for periodically validating that backup policies satisfy its business, legal, regulatory, and operational requirements.

12.10 Effect of Customer Non-Compliance

Failure by the Customer to satisfy the responsibilities described in this Section may delay Service delivery, Response Time Objectives, Resolution Objectives, or other Service Level commitments and shall not constitute a failure by Netwindy LLC to satisfy its obligations under this Service Level Agreement.

13. Service Credits

13.1 Purpose

Where expressly provided by the applicable Statement of Work (SOW) or Service Agreement, Netwindy LLC may issue Service Credits for qualifying Service Availability failures that are solely attributable to Netwindy LLC and that are not otherwise excluded under this Service Level Agreement.

Unless expressly agreed in writing, Service Credits are the Customer’s sole and exclusive remedy for qualifying Service Availability failures.

13.2 Eligibility

To be eligible for a Service Credit, the Customer must:

  • Maintain an active Service Agreement in good standing.
  • Remain current on all payment obligations.
  • Submit a written Service Credit request within thirty (30) calendar days following the applicable Service interruption.
  • Provide sufficient information for Netwindy LLC to verify the claimed Service interruption.

13.3 Verification

Netwindy LLC shall review its monitoring systems, operational logs, incident records, maintenance records, and other commercially reasonable evidence to determine whether a qualifying Service Availability failure occurred.

Netwindy LLC’s operational records shall govern the determination of eligibility unless otherwise required by applicable law.

13.4 Excluded Events

Service Credits shall not be available for Service interruptions resulting from:

  • Scheduled Maintenance.
  • Emergency Maintenance.
  • Customer-caused events.
  • Third-party provider failures.
  • Internet Service Provider (ISP) outages.
  • Force Majeure events.
  • Customer-owned equipment failures.
  • Security incidents excluded under this SLA.
  • Events otherwise excluded under the MSA, TOS, or this SLA.

13.5 Form of Credit

Approved Service Credits, if any, shall be applied as a credit toward future invoices for the affected Service.

Service Credits shall not be redeemable for cash, refunds, or payments except where required by applicable law.

13.6 Credit Limitations

The total Service Credits issued during any calendar month shall not exceed the recurring monthly fee paid for the affected Service during that same billing period.

Multiple Service interruptions arising from the same underlying event shall be treated as a single Service Availability event.

13.7 No Automatic Credits

Service Credits are not issued automatically.

The Customer is responsible for submitting a timely written request in accordance with this Section.

13.8 No Admission of Liability

The issuance of a Service Credit does not constitute an admission of fault, negligence, liability, or breach of contract by Netwindy LLC.

Service Credits are intended solely as a contractual accommodation where expressly provided under this Agreement.

13.9 Sole Remedy

Except where prohibited by applicable law, any Service Credit issued under this Section shall constitute the Customer’s exclusive contractual remedy for qualifying Service Availability failures covered by this SLA.

13.10 Reservation of Rights

Netwindy LLC reserves the right to modify, deny, or revoke Service Credit requests that do not satisfy the requirements of this Section or that involve events excluded under this SLA, the Master Services Agreement (MSA), the Terms of Service (TOS), or the applicable Statement of Work (SOW).

14. Escalation Procedures

14.1 Purpose

Netwindy LLC maintains formal escalation procedures to facilitate the timely investigation, management, and resolution of incidents that require additional technical expertise, management oversight, vendor coordination, or executive involvement.

14.2 Internal Escalation

Support incidents may be escalated internally whenever the assigned technician determines that additional resources, specialized expertise, or management involvement is necessary to restore Services or resolve the reported issue.

Internal escalation may occur without prior notice to the Customer when appropriate to expedite resolution.

14.3 Technical Escalation

Incidents may be escalated to senior engineers, infrastructure specialists, cybersecurity personnel, cloud engineers, software specialists, project engineers, or other technical resources based upon the complexity and severity of the incident.

14.4 Management Escalation

Where operational, contractual, or business considerations require additional oversight, incidents may be escalated to Netwindy LLC management for coordination, resource allocation, customer communications, or executive decision-making.

14.5 Third-Party Vendor Escalation

Where resolution depends upon a third-party vendor, manufacturer, software publisher, cloud provider, telecommunications carrier, Internet Service Provider (ISP), or other external organization, Netwindy LLC will use commercially reasonable efforts to coordinate escalation and facilitate resolution.

Netwindy LLC is not responsible for the response times, repair times, or operational decisions of third-party providers.

14.6 Customer Escalation Requests

The Customer may request management review of an open support incident when the Customer reasonably believes additional attention or coordination is warranted.

Such requests should include the applicable ticket number, business impact, and the reason for the requested escalation.

14.7 Communication During Escalation

During active escalation, Netwindy LLC will use commercially reasonable efforts to provide meaningful status updates regarding investigation progress, actions being performed, third-party coordination, estimated next steps, and anticipated restoration activities.

14.8 Executive Escalation

Incidents involving widespread service disruption, cybersecurity events, regulatory concerns, significant contractual matters, or other business-critical issues may be escalated to executive management at Netwindy LLC as deemed appropriate by the Company.

14.9 Escalation Does Not Modify Service Levels

Escalation of an incident does not modify the applicable Response Time Objectives, Resolution Objectives, Service Availability commitments, or other provisions contained within this Service Level Agreement unless otherwise agreed in writing.

14.10 Continuous Improvement

Netwindy LLC periodically reviews escalation procedures, incident histories, customer feedback, engineering performance, vendor responsiveness, and operational metrics to improve the effectiveness and efficiency of the Company’s incident management and customer support processes.

15. Monitoring Services

15.1 Purpose

Where monitoring Services are included within the applicable Master Services Agreement (MSA), Statement of Work (SOW), or Service Agreement, Netwindy LLC will use commercially reasonable efforts to monitor covered systems, infrastructure, applications, and services for operational health, availability, security events, and performance.

15.2 Covered Monitoring

Monitoring Services may include one or more of the following, depending upon the Customer’s contracted Services:

  • Server health monitoring.
  • Workstation monitoring.
  • Network device monitoring.
  • Firewall monitoring.
  • Storage monitoring.
  • Cloud infrastructure monitoring.
  • Backup monitoring.
  • Security monitoring.
  • Application monitoring.
  • Service availability monitoring.
  • Performance monitoring.
  • Capacity monitoring.

15.3 Monitoring Hours

Unless otherwise specified within the applicable Service Agreement, automated monitoring systems may operate continuously; however, human review, investigation, and remediation activities shall be performed in accordance with the applicable Response Time Objectives, Business Hours, after-hours coverage, and emergency support provisions contained within this SLA.

15.4 Automated Alerting

Netwindy LLC may utilize automated monitoring platforms to generate alerts for system failures, hardware issues, software faults, security events, performance degradation, backup failures, and other monitored conditions.

Automated alert generation does not guarantee immediate human intervention unless otherwise provided under the applicable Service Agreement.

15.5 Monitoring Limitations

Monitoring Services are limited to devices, systems, software, cloud resources, and infrastructure that have been properly deployed, configured, enrolled, licensed, and maintained within Netwindy LLC’s monitoring platforms.

Systems that are offline, disconnected, unsupported, intentionally excluded, or otherwise inaccessible may not be monitored.

15.6 Customer Responsibilities

The Customer shall maintain adequate internet connectivity, electrical power, environmental controls, licensing, administrative access, and communication pathways necessary for Netwindy LLC’s monitoring systems to function properly.

The Customer shall promptly notify Netwindy LLC of significant infrastructure changes that may affect monitoring coverage.

15.7 Third-Party Monitoring

Where monitoring depends upon third-party cloud providers, software vendors, telecommunications carriers, or other external services, Netwindy LLC shall not be responsible for interruptions, delays, or inaccuracies caused by such third-party systems.

15.8 Monitoring Records

Monitoring logs, alerts, historical metrics, diagnostic information, and operational records maintained by Netwindy LLC may be used to investigate incidents, verify Service Availability, support troubleshooting activities, and evaluate compliance with this Service Level Agreement.

15.9 No Guarantee of Incident Detection

Although Netwindy LLC employs commercially reasonable monitoring technologies and operational procedures, no monitoring solution can detect every hardware failure, software defect, cybersecurity event, network interruption, configuration issue, or other operational condition.

Customers are encouraged to promptly report suspected issues even if no monitoring alert has been generated.

15.10 Continuous Improvement

Netwindy LLC continually evaluates and enhances its monitoring platforms, automation capabilities, alerting systems, operational procedures, and engineering practices to improve service reliability, incident detection, operational visibility, and overall Customer experience.

16. Disaster Recovery Services

16.1 Purpose

Where Disaster Recovery Services (DRaaS) or Business Continuity Services are included within the applicable Master Services Agreement (MSA), Statement of Work (SOW), or Service Agreement, Netwindy LLC will use commercially reasonable efforts to assist the Customer in recovering covered systems following a qualifying disaster, catastrophic failure, or other recovery event.

16.2 Covered Recovery Services

Depending upon the Customer’s contracted Services, Disaster Recovery may include one or more of the following:

  • Backup verification.
  • Data restoration.
  • Virtual server recovery.
  • Cloud failover.
  • Infrastructure recovery.
  • Application restoration.
  • Recovery testing.
  • Recovery planning assistance.
  • Business continuity consulting.

16.3 Recovery Objectives

Recovery Time Objectives (RTO) and Recovery Point Objectives (RPO), where applicable, shall be those specifically identified within the Customer’s Statement of Work (SOW), Service Agreement, backup policy, or other written documentation.

If no specific RTO or RPO has been agreed upon in writing, no minimum Recovery Time Objective or Recovery Point Objective is guaranteed.

16.4 Disaster Declaration

Disaster Recovery procedures may be initiated when Netwindy LLC or the Customer determines that a qualifying event has materially impaired the availability of covered systems and that recovery procedures are reasonably necessary to restore business operations.

16.5 Customer Responsibilities

The Customer remains responsible for maintaining current contact information, identifying critical business systems, validating backup requirements, participating in recovery planning, approving recovery activities, and verifying restored systems following completion of recovery operations.

16.6 Third-Party Dependencies

Disaster Recovery activities may depend upon cloud providers, internet connectivity, telecommunications carriers, software vendors, hardware manufacturers, utility providers, or other third-party organizations.

Netwindy LLC shall not be responsible for delays resulting from the actions or inactions of third-party providers.

16.7 Backup Limitations

Successful completion of backup operations does not guarantee successful restoration of data.

Data recovery may be affected by hardware failures, data corruption, malware, ransomware, software defects, storage media failures, encryption, or other conditions beyond Netwindy LLC’s reasonable control.

16.8 Recovery Testing

Where included within the applicable Service Agreement, Netwindy LLC may perform periodic recovery testing to verify the integrity of backup systems and disaster recovery procedures.

Customers are encouraged to periodically review and validate recovery objectives as part of their business continuity planning.

16.9 Limitation of Recovery

Netwindy LLC makes no representation or warranty that all systems, applications, configurations, or data can be fully restored following every disaster event.

Recovery success depends upon numerous factors including backup integrity, system condition, infrastructure availability, Customer preparedness, third-party services, and the nature of the disaster.

16.10 Continuous Improvement

Netwindy LLC continually reviews disaster recovery technologies, backup methodologies, recovery procedures, testing practices, cybersecurity threats, and operational experience to improve the reliability and effectiveness of the Company’s disaster recovery services.

17. Revisions to this Service Level Agreement

17.1 Right to Modify

Netwindy LLC reserves the right to revise, amend, modify, supplement, or replace this Service Level Agreement (“SLA”) at any time to reflect changes in business operations, technology, security requirements, legal obligations, regulatory requirements, industry best practices, or the Services offered by Netwindy LLC.

17.2 Notice of Changes

Updated versions of this SLA will be published through the Netwindy LLC website, Customer Portal, Billing Portal, or other commercially reasonable communication methods.

The most current version shall supersede all prior versions as of its published effective date unless otherwise expressly stated.

17.3 Continued Use

The Customer’s continued purchase, renewal, use, or acceptance of Services following the effective date of a revised SLA constitutes acceptance of the revised terms to the extent permitted by applicable law.

17.4 Relationship to Other Agreements

This SLA shall be read together with the applicable Master Services Agreement (MSA), Terms of Service (TOS), Statement of Work (SOW), Proposal, Quote, Service Order, Acceptable Use Policy (AUP), and any other written agreement governing the Services.

In the event of a conflict between this SLA and the Master Services Agreement, the Master Services Agreement shall control unless the applicable Statement of Work expressly provides otherwise.

17.5 No Waiver

The failure of Netwindy LLC to enforce any provision of this SLA shall not constitute a waiver of that provision or any other provision contained herein.

No waiver shall be effective unless made in writing by an authorized representative of Netwindy LLC.

17.6 Severability

If any provision of this SLA is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.

The invalid provision shall be interpreted or modified to the minimum extent necessary to make it enforceable while preserving the original intent of the parties.

17.7 Survival

Any provisions of this SLA that by their nature should survive the expiration or termination of the applicable Service Agreement, including limitations of liability, dispute resolution, confidentiality obligations, service records, and accrued rights or obligations, shall survive such expiration or termination.

17.8 Entire Service Level Agreement

This Service Level Agreement constitutes the complete statement of Netwindy LLC’s service level commitments and operational objectives with respect to the Services covered herein.

No oral statements, marketing materials, proposals, demonstrations, or representations shall modify this SLA unless expressly incorporated into a written agreement executed by Netwindy LLC.

17.9 Reservation of Rights

Nothing contained in this SLA shall be interpreted to expand Netwindy LLC’s liability beyond the limitations established in the Master Services Agreement (MSA), Terms of Service (TOS), or other governing agreements.

All rights not expressly granted herein are reserved by Netwindy LLC.

17.10 Effective Date

This Service Level Agreement becomes effective upon the Customer’s purchase, renewal, acceptance, or continued use of Services governed by the applicable Master Services Agreement (MSA) and shall remain in effect until superseded by a revised version published by Netwindy LLC or until the applicable Service Agreement is terminated.