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FXVM SERVICE LEVEL AGREEMENT

By using our hosting services, you are agreeing to these terms.

Last updated: 1st of August, 2015.

The objective of this Service Level Agreement (hereafter referred to as "SLA") is to define the guarantees made by FXVM in regards to customer service, and availability of FXVM's networks and hosting infrastructure. The SLA is included as an Exhibit to the Terms of Service, and is agreed to as a binding contract, by FXVM as well as the customer, upon acceptance of the Terms of Service. FXVM will use every method available to uphold the policies and practices defined in this SLA.

I. Service renewals and trials

A. Customer Service

FXVM Customer Service is available 7 days a week to assist with all requests. We can be reached via Live Chat, by support ticket, or directly via email at [email protected].

We aim to answer customer support queries within 1 to 5 hours of their receipt (during weekdays), and to resolve each issue fully within 6 to 72 hours (depending on the complexity of the request). All replies by FXVM staff are logged in the Customer Portal, which you can visit to view the status of your open tickets. Issues and inquiries received via email will be automatically received by the help desk, and tracked like normal tickets.

Customers are invited to communicate with FXVM Customer Service as a general concierge service, beyond the scope of technical support concerns. We welcome all questions and suggestions, and our staff will always make a full effort to accommodate your requests.

B. Technical Support

FXVM employs Technical Support Engineers to assist with all incoming technical support requests, Levels I-III. When lodging technical support requests, please be descriptive of the issue(s) you have encountered, and describe any relevant error messages, screenshots, or attempted solutions. This will help us provide the most efficient service possible.

Technical Support is equipped to handle emergency requests at all times. In the event of a critical issue that requires immediate resolution, simply choose "Priority: High" when submitting your ticket.

Issues requiring the attention of Technical Support may be submitted via any of the channels listed above (live chat, support ticket, or email).

II. 99.99% Service Availability Guarantee

The backbone of FXVM's service is a commitment to service availability, which benefits the performance of financial market-facing applications. To support this commitment, FXVM provides the following service level guarantees, and observes the following schedule of penalties when service level guarantees are breached.

FXVM guarantees that services hosted on our networks will be available more than 99.99% of the time in a given calendar month. Availability is defined as the ability of an external system or user to communicate with services hosted on our networks via web, ICMP, RDP, or another protocol.

Maintenance window opens Friday evenings at 10-11pm GMT and closes Sunday 9-10pm GMT. During these maintenance periods services may experience brief interruptions as we maintain our network and servers.

A. Infrastructure & Resource Availability

Each VPS system provided by FXVM includes a "quota" for the usage of memory, processor, and other host system resources. FXVM guarantees that the quotas specified for each VPS plan will be made available to the customer, and will consider unavailability of said resources to contribute to the calculation of service unavailability.

FXVM takes proactive measures to guarantee the redundancy of its hardware systems. Nonetheless, unavailability caused by hardware failures, host server crashes, and related spontaneous incidents will be compensated by the SLA.

B. Network Availability

Service unavailability resulting from network unavailability will be compensated by the SLA only if such network unavailability was caused by the negligence of FXVM, or by failure of systems directly administered by FXVM. As a provider of Internet services, FXVM relies on a number of bandwidth providers (ISPs) to provide connectivity to customer end-points. Outages on these providers' networks, which may temporarily prevent customers from accessing services, or may even prevent outgoing connections from FXVM's networks and systems, will not be compensated by the SLA.

C. Scheduled Maintenance

While FXVM's systems are designed to accommodate hot-swappable components and live maintenance, situations may arise in the general course of systems maintenance that require temporary downtime of customer services. FXVM will do everything possible to schedule on weekends or other times with minimal trading activity, and will announce scheduled maintenance to all customers in advance. Scheduled maintenance is not included under the terms of the SLA.

III. Downtime Credit Procedure

Customers who record a significant amount of service unavailability (downtime) may report it to FXVM Customer Service and request a service credit as compensation.

In the event of a breach of service availability, each 1 hour of unavailability will be compensated with a credit equal to 5% of the most recent payment made by the customer. Unavailability amounting to less than 1 hour will be pro-rated at the same rate. The maximum amount of service credit provided in a billing period will be 100% of the billing period's subscription fees.

Requests for service unavailability credits should be submitted to the Billing department via support ticket or email, and must be submitted within 30 days of the reported outage to be eligible for credit. Upon receipt of downtime reports, FXVM will review information submitted by the customer, and provide a service credit if appropriate.

Service credits are provided in the form of account credits, which may be applied to any invoice generated by FXVM for a new or existing service, upgrade, or one-time fee. Service credits are not cash equivalents, cannot be withdrawn or deposited to a PayPal account, and cannot be transferred among customer accounts.

IV. Limitations

While FXVM continuously monitors the status of its networks, and the physical hosts located there, it does not monitor the status of individual applications used by its customers. The guarantees provided by this SLA are meant to encompass large-scale outages caused by system failures and network unavailability, and do not apply to any particular software or services running inside the customers's server, nor to a server's Operating System.

Guarantees made by this SLA do not apply in any situation where downtime is caused by, or could have been prevented by, the customer.

Guarantees made by this SLA do not apply in circumstances where downtime has been caused by forces beyond the Company's control, for example carrier outages and natural disasters.

V. Issue Escalation

If you are concerned with the quality of services provided by FXVM, or if you are unable to receive a resolution to an issue that is guaranteed by this SLA, please contact FXVM's management staff at [email protected] regarding your concerns. We will do everything possible to assist you immediately, and make amends for any breach of service. Please direct any emergency requests to FXVM Customer Service and Technical Support.

VI. Amendments

This Agreement may be amended, from time to time, at the discretion of FXVM. FXVM will notify customers of any changes to this agreement.