Common use of Exclusions from SLAs Clause in Contracts

Exclusions from SLAs. The impact of any of the following items shall be excluded from the calculation of service level achievement. • Traffic/events that do not reach the Critical Start SOC due to (i) the fault or delay of Customer, (ii) a failure of the network environment, internet connectivity or traffic that does not generate a logged event. • Service interruptions, deficiencies, degradations, or delays due to (i) Customer supplied Internet or private access; (ii) power, equipment, systems or services not supplied by Critical Start, (iii) equipment, configuration, routing event, or technology required for delivery of MDR Services that is under the management or control of Customer, (iv) Customer changes to the system specifications, (v) removal of a service component by Customer without a mutually agreed to change order or (vi) the acts or omissions of third parties engaged by Customer. • Performance of scheduled or emergency maintenance. • Customer’s noncompliance with any instruction provided by Critical Start as to (i) the deployment, adjustment, or maintenance of any software, policy, or license; (ii) recommended configurations on managed or unmanaged equipment that impacts the provision of MDR Services. • Failure to provide a suitable and secure environment for on-premise devices. • Network, software, or server changes or outages to the managed services environment without reasonable prior notification that significantly impact event volumes. This applies to any assets that may affect the generation of and/or transmission capability of logs, and events or other activity which is monitored by Critical Start for security alerts. • Any time period during which Customer or Customer engaged third-party initiated testing of the MDR Services is taking place.

Exclusions from SLAs. The impact of any of the following items shall be excluded from the calculation of service level achievement. • Traffic/events that do not reach the Critical Start SOC due to (i) the fault or delay of Customer, (ii) a failure of the network environment, internet connectivity or traffic that does not generate a logged event. • Service interruptions, deficiencies, degradations, or delays due to (i) Customer supplied Internet or private access; (ii) power, equipment, systems or services not supplied by Critical Start, (iii) equipment, configuration, routing event, or technology required for delivery of MDR Services that is under the management or control of Customer, (iv) Customer changes to the system specifications, (v) removal of a service component by Customer without a mutually agreed to change order or (vi) the acts or omissions of third parties engaged by Customer. • Performance of scheduled or emergency maintenance. • Customer’s noncompliance with any instruction provided by Critical Start as to (i) the deployment, adjustment, or maintenance of any software, policy, or license; (ii) recommended configurations on managed or unmanaged equipment that impacts the provision of MDR Services. • Failure Customer’s failure to provide a suitable and secure environment for on-premise devices. • Network, software, or server changes or outages to the managed services environment without reasonable prior notification that significantly impact event volumes. This applies to any assets that may affect the generation of and/or transmission capability of logs, and events or other activity which is monitored by Critical Start for security alerts. • Any time period during which Customer or Customer engaged third-party initiated testing of the MDR Services is taking place.