Legal Terms and Conditions

In this Agreement, the following terms shall have the meanings set out below:

1.1 One agreement, two contracting forms. This Agreement governs the supply of Services both to a Customer that contracts with HEXION directly for its own use and to a Reseller appointed by HEXION to resell the Services. The same terms apply to each, except where a clause applies only to a Reseller.

1.2 Interpretation. Unless the context otherwise indicates, in this Agreement and in every Annexure and Service Schedule: (a) “Reseller” includes any Customer contracting directly with HEXION; (b) “Client” and “Clients” mean, where the Customer contracts directly with HEXION, that Customer and its Users; (c) “Reseller Data” includes all data of a Customer that contracts directly with HEXION; (d) references to the data, obligations, warranties, indemnities, liabilities and remedies of the Reseller apply to the Customer; and (e) clauses 2.2, 3.1, 4.1 (the right to resell the Services and to support Clients), 6, 8.3, 12, 13.2(b), 13.4.1 to 13.4.3, and the first line support and Reseller training provisions of Annexure A, apply only where the Customer is appointed by HEXION as a Reseller.

“Agreement” means this agreement between HEXION and the Customer and all annexures and schedules attached hereto.

“AFSA” means the Arbitration Foundation of Southern Africa, or its successors in title, provided that should AFSA or a successor not be in existence at any time, any appointment required to be made by AFSA shall be made by the Chairman of the Johannesburg Bar Council.

“Client” means the contracted customer of a Reseller making use of Services procured by the Reseller from HEXION, and, where the Customer contracts directly with HEXION, the Customer.

“Client Terms and Conditions” means a valid and binding agreement between the Reseller and any Client for the Services, including any product or service provided, in whole or in part, by HEXION to the Reseller and sold or provided by the Reseller to any Client.

“Confidential Information” means information or data, whether disclosed orally or in writing, that is identified as being confidential or proprietary at the time of disclosure or which by its nature would generally be deemed in the information technology or telecommunications industry to be confidential and includes, without limitation, the terms and conditions of this Agreement and any information relating to a Party or Client's business.

“Customer” means the party that contracts with HEXION under this Agreement, whether it obtains the Services for its own use or is appointed as a Reseller.

“Destructive Element” means harmful or malicious computer software routine, code, files, scripts or programs intended or designed to: (a) permit access to or use of a computer system by an unauthorised person; (b) disable, damage, erase, disrupt or impair the normal operation of a computer system; (c) damage, erase or corrupt data, storage media, programs, equipment or communications; or (d) otherwise interfere with operations of a computer system.

“Effective Date” means the date on which the Services commence under this Agreement, as evidenced by the “go live” date.

“Fees” means the fees and charges to be paid by the Customer to HEXION from time to time in terms of this Agreement, being Service Fees, Setup Fees and any other fees as may be chargeable under this Agreement from time to time as detailed in the applicable Service Schedules.

“Initial Term” means the period over which particular Services as described in a particular Service Schedule will be provided, commencing on the Effective Date and enduring for the period set out in the Service Schedules.

“Intellectual Property Rights” means any and all rights in the nature of intellectual property rights anywhere in the world (whether registered or unregistered) owned, possessed or controlled by either Party, directly or indirectly, including, without limitation, patents, trademarks, service marks, design rights, copyright (including all copyright in any designs and computer software), source codes, moral rights, databases, trade or business names, whether capable of registration or not, but including any right to register same.

“Multi-year contract” means a Service Schedule with a committed fixed term of more than twelve (12) months, expressly stated in that Service Schedule. The initial term of this Agreement under clause 13.1 does not by itself make any Service Schedule a Multi-year contract.

“Network” means all the equipment and/or network infrastructure used by HEXION to provide the Services to the Customer or, where applicable, to Clients via the Reseller, including, if applicable, geographically distributed networks of proprietary servers and software and/or any network and network components of any other service providers made use of by HEXION to provide the Services.

“Parties” means, collectively, HEXION and the Customer (whether the Customer contracts directly for its own use or is appointed as a Reseller), and “Party” refers to either one of the Parties, as the context may indicate.

“Reseller” means a Customer appointed by HEXION in terms of clause 3.1 as a non-exclusive reseller of the Services.

“Reseller Data” means all data submitted by the Customer to HEXION or the Network, or generated in the course of the provision of the Services, including Client data and, where the Customer contracts directly with HEXION, the Customer’s own data, but excluding any derivative data which is created by HEXION for its own internal purposes or which is proprietary or confidential to HEXION or its suppliers.

“Service Schedule” or “Schedule of Services” means a document in the format provided by HEXION stipulating the specific Services to be provided by HEXION to the Customer (or, where the Customer is a Reseller, to its Clients on behalf of the Reseller) in terms of this Agreement, together with the applicable Fees, Initial Term and other information relevant to the Services, as such Schedule of Services may be amended or supplemented from time to time by the Parties.

“Services” means the data storage and backup solutions services to be provided by HEXION to the Customer in terms of this Agreement, including, without limitation, access to the Network, as well as any client portals, products and any relevant HEXION downloaded materials, user guides, code, user interface passwords, accessories and other documents as set out in the relevant Service Schedules and Service Definitions from time to time.

“Service Definitions” means the definitions of the Services to be provided by HEXION to the Customer in terms of specific Service Schedules.

“Service Fee” means the monthly fee payable by the Customer in respect of the Services provided in terms of the Service Schedules.

“Setup Fee” means the fees related to the initial setup of Services, as specified in the Service Schedules, if applicable.

“Term” means the period over which the Agreement remains in place as stipulated in clause 13.

“Territory” means South Africa unless specified otherwise herein.

“User” means an individual, device, application or system authorised by the Customer or a Client to make use of the Services.

2.1 HEXION is a provider of data storage and backup solutions, serving customers in South Africa.

2.2 Reseller desires to enter into an agreement with HEXION in terms of which it will be appointed on a non-exclusive basis as a Reseller with the ability to sell the Services within the Territory. As a Reseller, Reseller will, subject to the terms of this Agreement, be granted the non-exclusive right to sell, market and support the Services in the Territory.

2.3 Certain Customers enter into this Agreement with HEXION to obtain the Services for their own use rather than for resale. This Agreement governs the provision of the Services to such a Customer and to a Reseller on the terms set out below, and references to the Reseller are to be read accordingly.

3.1 Appointment. Subject to all of the terms and conditions in this Agreement, HEXION appoints Reseller, on a non-exclusive basis, to act during the Term as a Reseller in the Territory with a right to resell and support the Services directly to Clients of Reseller, and Reseller accepts such appointment. Where the Customer contracts with HEXION for the Services for its own use, this clause 3.1 does not apply and the Customer is not appointed as, and is not required to be, a Reseller.

3.2 Independent Contractors. The relationship of HEXION and Reseller established by this Agreement is that of independent contractors, and nothing contained in this Agreement shall be construed to: (a) deem the Parties to be acting as partners, joint venturers, co-owners or otherwise as participants in a joint undertaking; or (b) permit either Party or any of either Party's officers, directors, employees, agents or representatives to create or assume any obligation on behalf of the other Party for any purpose whatsoever.

3.3 Non-Solicitation. Reseller agrees that, during the Term of this Agreement and for a period of one (1) year thereafter, it will not, directly or indirectly, solicit or attempt to solicit any employee or contractor of HEXION to leave their employment or engagement with HEXION for any reason.

4.1 License Grant. Subject to all terms and conditions of this Agreement, HEXION grants to Reseller during the Term the non-exclusive, non-transferable, revocable right and license to display and use the Services for the purpose of demonstrating the Services, and to resell the Services and provide support services to Clients as contemplated under this Agreement.

4.2 License Restrictions. Reseller shall not, for itself, any affiliate of Reseller or any third party: sell, sublicense, assign, or transfer the Services, except as permitted under this Agreement; decompile, disassemble, or reverse engineer the Services, except as expressly permitted hereunder; or remove from the Network any language or designation indicating the confidential nature thereof or the proprietary rights of HEXION or its suppliers in the Services.

4.3 Direct Use. Where the Customer contracts with HEXION for the Services for its own use, HEXION grants the Customer during the Term a non-exclusive, non-transferable, revocable right to access and use the Services for its own internal business purposes, and the Customer shall not sell, resell, sublicense, rent or lease the Services.

5.1 Client Support. HEXION will provide Tier-2 and Tier-3 technical support to Reseller as defined in Annexure A: Support Definitions and in accordance with the provisions of this Agreement. Reseller will provide Tier-1 technical support directly to Clients as defined in Annexure A and in accordance with the provisions of this Agreement.

5.2 Party Responsibilities. In fulfilling the terms of this Agreement, the Parties acknowledge and agree to perform the tasks and responsibilities as set out in Annexure A: Support Definitions and Annexure C: Party Responsibilities.

5.3 Direct Customers. Where the Customer contracts directly with HEXION and is not appointed as a Reseller, HEXION provides support to the Customer in accordance with Annexure A, and the first line support obligations of the Reseller set out in Annexure A apply to the Customer in respect of its own Users.

This clause applies only where the Customer is appointed by HEXION as a Reseller.

6.1 Reseller shall not make any representations regarding the Services other than those contained in marketing materials provided by HEXION, without HEXION's prior written approval. Upon notice from HEXION, Reseller shall discontinue use of any marketing materials.

6.2 Reseller acknowledges the importance of upholding HEXION's reputation and agrees to maintain acceptable business practices and ethics while marketing the Services, and comply with all applicable laws and regulations.

HEXION owns all rights in the Network and Services, which constitute proprietary information protected by applicable intellectual property laws. This Agreement grants Reseller only limited, revocable usage rights and does not transfer any ownership interest. Each party may use the other's trademarks, logos, and brand names solely to fulfil this Agreement's purposes.

8.1 Prices; Fees. HEXION's current Fees structure for the Services, together with all other payment terms and conditions, are set forth in the Hexion service schedule. The Customer understands and agrees to pay all Fees as outlined in these schedules as and when such Fees become due and payable in accordance with the applicable provisions of this Agreement.

8.2 Payment Terms.

• 8.2.1 All prices are in South African Rands, exclusive of all taxes, duties, and fees. The Customer will be invoiced monthly in advance and must pay within 30 days of invoice date.
• 8.2.2 Overdue amounts bear interest at Prime Lending Rate plus 2%.
• 8.2.3 All payment obligations are non-cancellable and non-refundable.
• 8.2.4 Annual Price Increase. Unless the Services are provided under a multi-year contract, all Fees for the Services are subject to an annual increase of 6% (six percent). The increase is applied automatically from the month following each anniversary of the Effective Date of this Agreement.

8.3 Collections and Bad Debt. During the Term, Clients shall be considered clients of Reseller and Reseller shall be solely responsible for billing and collecting of monies from Clients, and shall bear all risk of non-collection, for Clients' use of the Services.

This clause 8.3 applies only where the Customer is appointed by HEXION as a Reseller.

9.1.1 HEXION may lawfully suspend, withdraw all or part of any Service at any time until further notice to the Client if, in HEXION's reasonable discretion:

• 9.1.1.1 the continued provision of the Services will cause HEXION or any of HEXION's suppliers to breach an applicable law or be in contravention of its licenses; or
• 9.1.1.2 if the Reseller, Client and/or any User is in breach of or otherwise is not complying with any of the provisions of this Agreement, notwithstanding 30 (thirty) days' written notice of breach.

9.1.2 The exercise of HEXION's right to suspend the Services under this clause is without prejudice to any other remedy available to HEXION under this Agreement and does not constitute a waiver of HEXION's right to subsequently terminate the Agreement.

9.1.3 Where HEXION has suspended the Services in terms of clause 9.1.1.2, HEXION may:

• 9.1.3.1 refuse to reconnect the Services unless precluded by any law or order of court; and
• 9.1.3.2 if it agrees to reconnect the Services, require the Customer to pay a reconnection fee of R 2 500 or any reconnection fee subsequently agreed to by both Parties after the commencement date of this Agreement, in advance, as a pre-condition to making the Services available again.

9.1.4 The Customer, and where applicable its Clients, shall be liable for the payment of any applicable Fees payable in terms of this Agreement during any period of suspension in the circumstances contemplated in clause 9.1.1.2.

10.1 HEXION's Representations and Warranties.

• 10.1.1 HEXION shall:
• 10.1.1.1 perform the Services timeously with the standard of care, skill and diligence normally provided by an organization providing services similar to those to be performed hereunder; and
• 10.1.1.2 comply with all applicable laws, rules, regulations and requirements in providing the Services.
• 10.1.2 HEXION represents and warrants that: (a) HEXION and its licensors own or possess the necessary rights, title and licenses in and to the Services necessary to perform its obligations hereunder; (b) HEXION has the right to enter into this Agreement and to perform its obligations hereunder; and (c) HEXION has obtained any and all consents, approvals and other authorizations necessary for the performance of its obligations hereunder.

10.2 Customer's Representations and Warranties. The Customer represents and warrants that: (a) the Customer has the right to enter into this Agreement and to perform its obligations hereunder; and (b) the Customer has obtained any and all consents, approvals and other authorizations necessary for the performance of its obligations hereunder.

EXCEPT AS SPECIFICALLY PROVIDED IN CLAUSE 10, BOTH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER PARTY SHALL MAKE ANY REPRESENTATIONS OR WARRANTIES ON BEHALF OF THE OTHER PARTY WITHOUT THE EXPRESS PRIOR WRITTEN CONSENT OF SUCH OTHER PARTY.

This clause applies only where the Customer is appointed by HEXION as a Reseller.

12.1 Protection of Rights and Intellectual Property. All resales of the Services and sublicenses of the Network by Reseller will be subject to the execution and delivery by each Client of a valid and binding agreement that contains, at a minimum, the terms and conditions protecting HEXION's intellectual property, as well as the rights and privileges set forth in this Agreement, and that does not contain any terms or conditions inconsistent with this Agreement. Reseller undertakes to sign Client Terms and Conditions with each and every Client that makes use of any service provided by HEXION and must protect the Intellectual Property and Marks of HEXION at least to the extent expressed in this Agreement by clause 7 herein.

12.2 Limitations on Clients.

12.2.1 Client Terms and Conditions signed with all Clients making use of Services from HEXION as resold by Reseller, must explicitly prohibit Clients of Reseller from:

• 12.2.1.1 making the Services available to anyone other than Users;
• 12.2.1.2 selling, reselling, renting or leasing the Services;
• 12.2.1.3 using the Services to store, transmit, use or access infringing, libelous, or otherwise unlawful or tortious material, or to store, transmit, use or access material in violation of third-party privacy rights;
• 12.2.1.4 using the Services to store, transmit, use or access any software intentionally designed to illegally access personal data or cause damage to a computer, server, client, or computer network;
• 12.2.1.5 interfering with or disrupting the integrity or performance of the Services or third-party data contained therein;
• 12.2.1.6 attempting to gain unauthorised access to the Services or their related systems or networks; or
• 12.2.1.7 publishing or distributing information about HEXION's benchmarks, prices or other confidential data, other than that provided by Reseller or HEXION, without the express prior written permission from HEXION.

12.2.2 Reseller undertakes to ensure that each Client is provided with and signs a copy of the Client Terms and Conditions. Should HEXION have any reasonable concern regarding the status of these Terms and Conditions, then Reseller will provide copies of signed Terms and Conditions within 48 (forty-eight) hours of a request being made by HEXION.

13.1 Duration. This Agreement has an initial term of two (2) years and continues indefinitely thereafter. HEXION may terminate with 30 days' written notice. The Customer may terminate with 90 days' written notice.

13.2 Termination for Cause. HEXION may terminate immediately upon written notice if Reseller: (a) materially breaches this Agreement; (b) fails to meet minimum sales targets; or (c) engages in conduct harmful to HEXION's reputation. Reseller may terminate for HEXION's material breach only after providing 60 days' written notice and opportunity to cure.

13.3 Termination Upon Insolvency. This Agreement terminates immediately upon the Customer's insolvency, bankruptcy, or similar proceedings.

13.4 Post-Termination Obligations. Upon any termination:

• 13.4.1 Reseller must immediately cease all marketing and sales activities;
• 13.4.2 Reseller remains liable for all client services and payments to HEXION until client contract expiration;
• 13.4.3 HEXION may assume client relationships directly;
• 13.4.4 All HEXION intellectual property rights, confidentiality obligations, and payment obligations survive indefinitely.

13.5 Direct Customers. Where the Customer contracts directly with HEXION and is not appointed as a Reseller, clauses 13.4.1 to 13.4.3 do not apply, and the Customer remains liable for the Fees and for its own use of the Services until the expiry or termination of its Service Schedules.

In the case of any disputes under this Agreement, including the validity or interpretation of this Agreement, the Parties shall first attempt in good faith to resolve their dispute informally, or by means of commercial mediation, without a formal proceeding. Any dispute arising out of or relating to this Agreement, or the breach thereof, which cannot otherwise be resolved as provided above, shall be resolved by arbitration conducted in accordance with the commercial arbitration rules of AFSA, and judgment upon the award rendered by the arbitral tribunal may be entered in any court having jurisdiction thereof. The arbitration shall be held in Sandton. Nothing contained in this clause will prevent a Party from access to a court of competent jurisdiction for urgent, or interim relief in the form of an interdict, or an order for specific performance.

Information disclosed by either Party (“Disclosing Party”) to the other (“Receiving Party”) that is marked as confidential, orally identified as confidential, or reasonably understood to be confidential constitutes “Confidential Information.” The Receiving Party shall: (a) use Confidential Information solely as contemplated by this Agreement; (b) protect it using the same care used for its own confidential information; and (c) not disclose it to third parties without written consent, except to employees, consultants and representatives bound by similar confidentiality obligations. These restrictions do not apply to information that: (i) becomes publicly available through no breach; (ii) is rightfully received from a third party; (iii) is independently developed; (iv) was previously known as evidenced by written records; or (v) is disclosed pursuant to legal requirement with prompt notice to Disclosing Party. Upon request, the Receiving Party shall return all materials containing Confidential Information.

16.1 Mutual Indemnification. Each Party shall be liable to the other Party, its assignees, agents, officers and employees for any damages to real or tangible personal property, or bodily injury to persons, including death, resulting from its or its employees' or agents' negligence or wilful misconduct.

16.2 Reseller Indemnification. Reseller shall defend, indemnify and hold harmless HEXION and its affiliates, officers, directors, employees and agents from all damages, costs, and expenses (including attorneys' fees) arising from third-party claims related to:

• 16.2.1 Reseller's or any Client's improper use of the Services or Network;
• 16.2.2 Unauthorized modifications to the Services or Network by Reseller or any Client;
• 16.2.3 Reseller's material misrepresentations about the Services or Network.

16.3 HEXION Indemnification. HEXION shall defend, indemnify and hold Reseller harmless from third-party claims that the Services or Network, when used as specified, infringes South African patents, copyrights, or trade secrets. This obligation excludes claims arising from:

• 16.3.1 Modifications not made by HEXION;
• 16.3.2 Combinations with non-HEXION approved products;
• 16.3.3 Use of outdated software versions when current versions were available;
• 16.3.4 Third-party services or networks.

16.4 For all indemnification obligations: the indemnifying party requires prompt written notice of claims, sole control of defense and settlement, and reasonable cooperation from the other party.

EXCEPT FOR LIABILITY ARISING OUT OF A PARTY'S INDEMNIFICATION OBLIGATIONS OR BREACH OF CONFIDENTIALITY, EACH PARTY'S LIABILITY FOR ALL CLAIMS ARISING OUT OF THIS AGREEMENT, WHETHER IN CONTRACT, DELICT OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT OF FEES PAID BY THE CUSTOMER TO HEXION UNDER THIS AGREEMENT DURING THE PRECEDING 12 (TWELVE) MONTHS. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER OR ANY THIRD PARTY (INCLUDING ANY CLIENT OF THE RESELLER) FOR ANY LOSS OF DATA, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR OTHER SPECIAL, INCREMENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING FROM OR IN RELATION TO THIS AGREEMENT, THE NETWORK OR THE USE OF THE SERVICES, HOWEVER CAUSED AND REGARDLESS OF THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF SUCH PARTY HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

• 18.1 Third Party Beneficiaries. Only HEXION and the Customer (and their successors) have rights under this agreement.
• 18.2 Invalid Clauses. If any part of this agreement is invalid, the rest remains enforceable.
• 18.3 Notices. Official notices must be in writing via hand delivery, courier, or acknowledged email.
• 18.4 Transferring Rights. Neither party can assign this agreement without written consent, except for mergers, acquisitions, or asset sales not involving competitors.
• 18.5 Legal Framework. South African law governs this agreement, with disputes handled in the Gauteng Local Division of the High Court.
• 18.6 Electronic Signatures. This Agreement may be signed in counterparts, including scanned signatures via email.
• 18.7 Force Majeure. Neither Party shall be liable for any delay or failure in performing its obligations under this Agreement due to any cause beyond its reasonable control, including but not limited to acts of God, war, strikes, labor disputes, government regulations, natural disasters, or any other unforeseen events. In the event of such delay or failure, the affected Party shall promptly notify the other Party in writing, and both Parties shall use their best efforts to mitigate the effects of the force majeure event. If the force majeure event continues for more than thirty (30) days, either Party may terminate this Agreement by providing written notice to the other Party.

19.1 Trial Terms. HEXION may offer services on a trial basis until the Trial End Date or Service Commencement Date, with services provided “as-is” without warranty.

19.2 Acceptance. The Customer must confirm acceptance by the Trial End Date or within 5 business days after, otherwise acceptance is deemed automatic.

19.3 Customer Input. For any installation or trial, the Customer shall, at the Customer's cost, provide HEXION with:

• 19.3.1 Competent and authorized personnel with necessary access rights and permissions to assist HEXION;
• 19.3.2 Prompt approval of all HEXION requests for consent or authorization.

19.4 Customer Obligations. The Customer must provide site access, utilities, competent staff, and reasonable assistance at their cost.

Tier 1. Reseller shall provide first line support for Reseller's Clients of Services under this Agreement. Problem resolution will be provided by conducting basic information gathering and following a decision tree process to be provided by HEXION on request. HEXION will provide Reseller the training and instruction for first line support of Reseller Clients of the Network. Updates to decision trees and problem resolution information will be provided on an ongoing basis.

Tier 2 and Tier 3. After following first line support procedures, if an issue remains unresolved, authorised Reseller contacts may escalate to HEXION for problem resolution through HEXION's support procedures. The Parties will determine authorised account contacts that can escalate issues. Following issue escalation, HEXION will provide support to authorised account contacts and only work directly with the Client if specifically requested to do so by the Reseller.

• “Claim” means a claim submitted by the Customer to Hexion pursuant to this SLA indicating that a Service Level has not been met and that a Service Credit may be due.
• “Customer Support” refers to the support services offered by Hexion to assist Resellers or Clients in resolving technical issues related to the Services.
• “Incident” means any event resulting in a failure to meet the defined Service Level.
• “Monthly Uptime Percentage” means the total number of minutes in a calendar month minus the number of minutes of Downtime suffered from all Incidents in that month, divided by the total number of minutes in the month, expressed as a percentage.
• “Downtime” means a period of time during which all storage write or read operations fail.
• “Service Credit” means a monetary credit applied to future invoices of the Reseller as compensation for not meeting a Service Level.
• “Service Level” refers to Hexion's commitment to service availability.
• “Excused Outage” means planned maintenance with 48 hours' notice or Force Majeure events.

• 1. Claims must be submitted within the billing month in which the Incident occurred.
• 2. The Reseller must provide:
• — Detailed descriptions of the Incident(s)
• — Start and end time
• — Impacted services
• — Logs or screenshots, if available
• 3. Only one Claim per month will be considered.
• 4. Claims are reviewed by Hexion within 15 business days.

Service Level commitments do not apply to issues resulting from:

• Scheduled or excused Outages
• Client network or configuration errors
• Hardware/software not under Hexion's control
• Acts or omissions by the Reseller, Client or third parties
• Unauthorised use or failure to follow instructions
• Beta, pilot, or trial services
• Security breaches or misuse caused by Reseller or Client credentials

• Hexion will provide notice at least 48 hours in advance for scheduled maintenance.
• Maintenance windows are typically scheduled between 00:00 and 04:00 GMT+2.
• Emergency maintenance may be carried out without advance notice but with post-incident reporting.

The following product-specific service definitions supplement the general SLA above.

Hexion Vault — Deep Archive Service Definition

1. Overview

Hexion Vault is the most cost-effective, South African sovereign data archive — with zero egress fees and immutable backups, hosted in ISO compliant data centres.

Hexion Vault provides tiered archive retrieval services designed to align retrieval performance with the operational importance of archived data.

2. Time to Start Retrieval

“Time to Start Retrieval” refers to the time between:

• the customer submitting a valid retrieval request; and
• Hexion initiating the archive restoration process.

This includes:

• archive queue processing,
• media allocation,
• retrieval orchestration, and
• restoration commencement.

It does not include:

• customer-side download times,
• WAN transfer latency.

3. Bronze Retrieval SLA

Designed For

• Long-term compliance archives
• Legal hold datasets
• Historical backups
• Deep cold storage
• Data unlikely to be retrieved frequently

Typical Data Characteristics

• Older than 12 months
• Rarely accessed
• Large-volume retention datasets
• Low operational urgency

Retrieval SLA

• Retrieval commencement target: <24h

Queue Priority

• Best-effort queue allocation

4. Silver Retrieval SLA

Designed For

• Operational archive datasets
• Business continuity recovery
• Medium-priority compliance retrieval
• Departmental recovery operations

Typical Data Characteristics

• Periodically retrieved
• Operationally relevant
• Moderate recovery urgency

Retrieval SLA

• Retrieval commencement: <4h

Queue Priority

• Prioritised retrieval scheduling
• Enhanced concurrency allocation

Recommended for organisations requiring predictable archive recovery.

5. Gold Retrieval SLA

Designed For

• Mission-critical archive recovery
• Ransomware recovery operations
• Urgent legal discovery
• High-priority operational workloads
• Critical business continuity events

Typical Data Characteristics

• Business-sensitive archives
• High operational importance
• Time-sensitive recovery requirements

Retrieval SLA

• Retrieval commencement target: <15min

Queue Priority

• Highest retrieval priority
• Reserved retrieval concurrency
• Accelerated restoration processing

6. Service Credit SLA

Hexion Vault provides service credits if retrieval commencement targets are not met. This SLA applies specifically to Time to Start Retrieval.

This SLA does not apply to:

• customer-side network delays,
• internet bandwidth limitations,
• customer application restore duration, or
• third-party infrastructure dependencies.