Introduction

The remedies specified in this Service Level Agreement (SLA) constitute the sole and exclusive recourse for issues covered by this SLA.

Updates to the SLA

We reserve the right to make modifications to this SLA at our sole discretion. If any changes are made, we will notify you by revising the date at the top of this SLA. Your continued use of our Services following notification of changes will indicate your acceptance of those changes. Please periodically review this SLA for updates.

2. Definitions

• “Necessary Services” refers to the components of our Services essential for Customer Applications hosted on our platform to be accessible over Hypertext Transfer Protocol (HTTP) or network connections provided by Perforla. Necessary Services exclude Third-Party Services, our control panel, our support system, our website, Beta Services, add-on Services, build time, bandwidth, or any other portion of the Services that is not strictly necessary for Customer Applications to remain accessible.

• “Signup Date” denotes the date when you subscribe to a prepaid or postpaid Service.

• “Billing Date” corresponds to the same numerical date as the Signup Date in each subsequent month after the Signup Date. For instance, if the Signup Date is September 6, the next Billing Date will be October 6.

• “Monthly Billing Period” pertains to the timeframe from the Signup Date until the day before the first Billing Date, and from each Billing Date until the day before the next Billing Date. For example, if the Signup Date is September 6, the Monthly Billing Period is September 6 through October 5, and the next Monthly Billing Period is October 6 through November 5, and so on.

• “Downtime” signifies any period during which the Necessary Services are inaccessible to the Customer within any Monthly Billing Period, calculated individually for each Service to which a Customer is subscribed.

• “Maintenance Period” designates each Monday through Sunday, 12 am to 6 am, local time, based on the time zone of the data center where each customer website is hosted.

• “Uptime Guarantee” assures that the Necessary Services will be available at least 99.9% of the time during each Monthly Billing Period.

• “SLA Credit” refers to the credit outlined in this SLA, added to a Hosting Plan, and applied to subsequent invoices.

3. How SLA Credits Will Be Calculated

If Downtime surpasses 43 minutes (0.1% of the time in a standard 30-day/43,200 minute period), it will be considered that the Uptime Guarantee was not met. In the event we fail to meet the Uptime Guarantee, you may request SLA Credits as described below:

• For Hosting plan subscriptions at Perforla, you will receive SLA Credits equal to five percent (5%) of your Monthly Subscription Value for each full hour (60 minutes) of Downtime, as calculated based on our monitoring. For illustrative purposes:
  • If Downtime is 59 minutes, no SLA Credit will be granted.
  • If Downtime ranges from one hour to less than two hours (60-119 minutes), you will receive SLA Credit equal to 5% of your Monthly Subscription Value on your next invoice.
  • If Downtime spans from two hours to less than three hours (120-179 minutes), you will receive an SLA Credit equal to 10% of your Monthly Subscription Value on your next invoice.

SLA Credits will not exceed the Monthly Subscription Value for the month in which we failed to meet our Uptime Guarantee.

4. How You Will Receive SLA Credits

To obtain SLA Credits, you must submit a request for SLA Credits within 30 days of Downtime to Perforla’s Support Team at [email protected]. SLA Credits will be applied to your Hosting Plan and used in future invoices but will not be issued in cash. If your Hosting Plan or Agreement terminates before the SLA Credit is applied or used, you will not receive the SLA Credit.

5. When You Will Not Receive SLA Credits

Downtime resulting from any of the following circumstances, as determined at our sole discretion, will not be considered as Downtime and will not qualify for SLA Credit:

• Any maintenance conducted during the Maintenance Period.
• Emergency maintenance carried out at any time.
• Scheduled outages.
• Force majeure events, including, but not limited to, acts of nature (fire, flood, earthquake, storm, or other natural disasters), acts of war (invasion, hostilities, rebellion, revolution, insurrection, terrorist activities, and other hostile activities), actions taken by governments (sanctions, blockades, embargoes, and other governmental actions), labor disputes (strikes, lockouts, or any similar disputes), power source failures, outages caused by external service providers, and any other event beyond our reasonable anticipation, prevention, control, or avoidance.
• Traffic, requests, processes, or other activities affecting a customer’s website that exceed the capabilities of the infrastructure, the Customer’s hosting plan, or the Services.
• Customer breach of the agreement or any other policies, terms, or agreements applicable to the Customer.
• Customer machine access issues.
• Customer-authored code.
• Any website changes and/or configurations made by the Customer, including configuring any Customer Application in a way that may lead to downtime when another Customer Application experiences downtime.
• Changes to the Services by parties other than Perforla.

Managed hosting services, done right, by Perforla.