6. CLAIMS & COMPENSATION PLAN

• In case of claims, Client please submit claim information via documents or email to FPT Smart Cloud. Claim information must include: (i) the title must be Claim request by SLA; (ii) Client name; (iii) specific date and time that the service is unavailable; (iv) Name of the affected resource; and (v) error log or screenshots.

• For claims related to FPT AI Factory, FPT Smart Cloud must receive the claims within 60 (sixty) days from the date of the event mentioned in the claims. Upon expiry of the aforementioned period, FPT Smart Cloud shall have no obligation to accept or process any claims.

• FPT Smart Cloud will assess all available information reasonably and make the most impartial decision. FPT Smart Cloud shall use commercially reasonable efforts to resolve the claims within a maximum of 45 (forty-five) days of receipt of the claim and with sufficient information required.

6.1 SLA Exclusions

FPT Smart Cloud does not commit SLA and/ or Service level affected by the following factors:

6.1.1 Events of force majeure

• Any event of force majeure including without limitation natural disasters such as earthquake, flood and plague, social events such as war, riot and government action, technology incidents such as disconnection of telecommunication trunk circuits, hacker attack and network congestion, technological adjustment by telecommunication authorities, and government regulation and control.

6.1.2 Scheduled, recurring or zero impact maintenance

• Any temporary downtime of the Service due to normal maintenance or upgrade of services by FPT AI Factory Service Agreement.

6.1.3 Security

• Hacker attack on a customer’s application.

• Any loss or leak of data, pin or password due to improper maintenance or confidentiality measures of a customer.

• Denial of service attacks, virus or hacking attacks, or bugs in code, hardware, or services for which there is no commercially reasonable, known solution (even if there is a known workaround)

• Due to unauthorized activity or lack of necessary actions or from employees, agents, contractors, provider of Client or anyone who obtains access to FPT Smart Cloud's network by methods using the Client’s password or device, or through Client’s fault by revealing the password.

6.1.4 Hardware & System

• Any hardware failure of out-of-service physical servers that the customer has chosen not to upgrade recommended drivers or patches by FPT.

• Any hardware failure of out-of-service hard disk drives.

• Any single point of hardware failure in a redundant configuration that does not affect the customer’s business, including but not limited to a single NIC failure in multi-NIC bonding, a single disk failure in a disk group with storage redundancy configuration, etc.

• Any start-up dependence on local disk and data stored herein, which data is removed due to system failure.

6.1.5 Fault of Third-party service or facility providers or Customer

• Unavailability that results from Your facilities, equipment, software, or other technology and/or third-party facilities, equipment, services, software, or other technology (other than third-party equipment within FPT Smart Cloud's direct control).

• Application: Any error caused by software installed by a customer, any other third-party software or configuration not directly operated by FPT Smart Cloud.

• Telecom service & Hardware: Unavailability including any telecom, internet, or other related service or facility provider, or packet loss, network or Internet problems beyond FPT AI Factory's border router supporting FPT AI Factory's public internet connectivity.

6.1.6 Failure of Customers’ Configuration or Actions

• Any failure or configuration adjustment of any network or equipment that is not FPT Smart Cloud facility.

• Any failure by a customer to abide by documentation or suggestions for using FPT AI Factory products, for example, shutting down, restarting, or uninstalling cloud storage of a service via FPT AI Factory Portal, API, CLI or otherwise.

6.1.7 Service Agreement Violation by Customers

Any suspension or termination of servers resulting from any violation by a customer of the FPT AI Factory Service Agreement, and the suspension of service or release of a Cloud server due to a customer’s delay in payment.

6.2 Remedies for failure to meet the SLA

If the Service fails to achieve or maintain the committed service levels as described in Section 3 of this SLA, unless otherwise specified in the Agreement, the Customer will be eligible to receive a service credit as a percentage of the monthly service fee, proportionate to the portion of the Service affected during the month in which FPT Smart Cloud failed to meet the corresponding SLA. The specific service credit rates are as follows:

Service Name	SLA Achievement Level	Service Credit Rate
Metal Cloud	Below 99%	5%
GPU Cluster – Kubernetes Control Plane	Below 99.95%	5%
GPU Virtual machine – Ephemeral Storage NVMe	From 99% to Below 99.5%	5%
From 95% to Below 99%	15%
Below 95%	50%
GPU Virtual machine – Block Storage	From 99% to Below 99.95%	5%
From 95% to Below 99%	15%
Below 95%	50%
GPU Container	From 99% to Below 99.95%	5%
From 95% to Below 99%	15%
Below 95%	50%
File Storage – High performance Tier	Below 99.9%	5%
FPT AI Inference (Providing AI Models via APIs)	Below 99.9%	5%
AI Notebook	Below 99.5%	5%
AI Studio	Below 99.9%	5%
Model Hub	Below 99.9%	5%
Data Hub	Below 99.9%	5%
Model Finetuning	Below 99.5%	5%
Interactive Session	Below 99.5%	5%
Test Jobs	Below 99.5%	5%

The service credit: (1) will be applied to the balance of the Customer’s registered account for use with FPT AI Factory services in subsequent billing cycles; and (2) will not be refunded in cash, transferred, or applied to any other account.