Service Level Agreement

Effective Date: October 27, 2023

We work hard to make our Services available to you at all times. We support this commitment with this Service Level Agreement (“SLA”).

Our Terms of Service, Privacy Policy, Cookie Policy, Deprecation Policy, Beta Testing Policy, DMCA Copyright Policy, Trademark Notification Policy, Data Processing Agreement, Acceptable Use Policy, and Affiliate Program Policy are incorporated into this SLA whenever applicable. Together, they form a binding contract between you and us. Any capitalized words used but not defined in this SLA have meanings as provided in the Terms of Service.

THE SERVICES
1. “Start Date” means the date on which you started using or accessing a Service for which you paid the service or subscription Fees.
2. “Service Period” means the billing cycle from the Start Date.
  1. The billing cycle may be monthly or yearly. You have options to select the billing cycle of the Service at the time of your purchase or subscription.
  2. A Service Period is counted as a calendar month or year, as the case may be. For example, if the Start Date of a monthly Service Period is September 6, then the Service Period is September 6 through October 5, and the next Service Period is October 6 through November 5, etc.
3. “Fees” means the Fees paid for a Service as defined in our Terms of Service. You agree to pay the Fees at the amounts and intervals posted at the time of your purchase or subscription.
UPTIME GUARANTEE
1. We will make commercially reasonable efforts to make a Service that you purchased available to you at least 99.5% of the time during each Service Period (“Uptime Guarantee”).
2. The Uptime Guarantee does not apply to Services that are free, promotional, on trials, demo, our control panel, our support system, our Website, SSH / SFTP / phpMyAdmin access, Beta Tests, add-on Services, build time, bandwidth, Third-Party Services, or any other portion of the Services that is not strictly necessary in order for Services to remain accessible.
3. The Uptime Guarantee applies only to the Rapyd Services provided by us. We do NOT guarantee the service availability of our Cloud Provider. Please read the service level agreement of our Cloud Provider.
DOWNTIME
1. “Downtime” means any period of time in which a Service has no external connectivity or is not available, even with appropriate hardware and sufficient internet bandwidth.
2. Downtime is calculated from the minute that we confirm the Service is unavailable or has no external connectivity, until the minute that the Service becomes available.
3. If multiple Services are simultaneously unavailable, Downtime is separately calculated for each Service. Downtime shall not be increased based on the number of Services experiencing Downtime.
4. You are solely responsible for obtaining appropriate hardware and internet access to use the Services. The Services shall not be deemed unavailable due to your inadequate or incompatible hardware and internet access.
EXCUSED DOWNTIME
Unavailability caused by any of the following circumstances, as we may determine at our sole discretion, shall not be included in Downtime and shall not be eligible for Service Credit:
1. “Scheduled Downtime” or downtime resulting from us performing maintenance on a Service during a scheduled period of time when clusters of the Service are taken offline for maintenance tasks.
2. Emergency maintenance that we reasonably deem necessary to fix critical problems or patch vulnerabilities that could substantially impair the usability or performance of the Service, to the extent such maintenance cannot reasonably be performed during a Scheduled Downtime.
3. Outage periods not within our fault or control;
4. Blocking or throttling by an internet service provider or transit provider;
5. A denial of service or port attack;
6. Traffic, requests, processes, or other activity affecting a Service that exceeds the capabilities of the Service, your hosting plan, or the Services;
7. Your breach of the Terms of Service or any other policies, terms, or agreements applicable to you;
8. Your machine access problems;
9. Your authored code;
10. Your intentional acts, errors, or omissions;
11. Your use of the Service after we have advised you to modify your use of the Service, if you did not modify your use as advised;
12. Faulty input, instructions, or arguments (for example, requests to access files that do not exist);
13. Your attempts to perform operations that exceed prescribed quotas or that resulted from our throttling of suspected abusive behavior;
14. Issues that affect only you and related to external apps or third-parties;
15. Your change requests in which you have been notified concerning the possible impairment and the availability and has agreed to them;
16. Any configurations you made, including configuring any Service such that it may experience downtime when another Service experiences downtime; or
17. Force Majeure events as defined in the Terms of Service;
18. Changes to the Services by parties other than us.
SUPPORT
1. We offer three levels of support for all of our Services: Foundation, Enhanced, and Elite. For more information, please see our Support Page.
CHAT SUPPORT
1. For all levels of support, we provide a 24-hour Chat Support for communicating general information and troubleshooting, on a first-come, first-served basis.
2. Chat Support sessions have the following limited maximum duration times, depending on the support level that you purchased:
  - CHAT SUPPORT 24x7x365 (Maximum Duration):
    - Foundation: 15 Minutes
    - Enhanced: 30 Minutes
    - Elite: No Limit via Private Slack Channel
3. If the issue remains unresolved when the initial Chat Support has ended, for all levels of support, our Ticketing System will create a support ticket with all information provided during the Chat Support.
TICKETING SYSTEM
1. A “Response Time” is the period from the time that the initial Chat Support has ended until a support ticket is created. Thus, it is the period it takes to acknowledge and start working on the unresolved issue; not the time it takes to resolve it.
2. A “Normal Priority” issue is that which has low to medium impact on the use of the Service, or involves partial, non-critical loss of use of the Service. Thus, the Service continues to function using procedural workarounds despite a Normal Priority issue. If a Normal Priority issue is not resolved during your initial Chat Support session with us, our Ticketing System will create a Normal Priority Ticket within the following Response Times, depending on the support level that you purchased:
  - TICKETING SYSTEM 24x7x365 (NORMAL PRIORITY TICKETS Initial Response Time)
    - Foundation: 8 Hours
    - Enhanced: 4 Hours
    - Elite: 1.5 Hours
3. A “High Priority” issue is that which has high or severe impact on the use of the Service, or involves critical loss of use of the Service. Thus, the Service is not functioning or not accessible because of the High Priority issue. If a High Priority issue is not resolved during your initial Chat Support session with us, our Ticketing System will create a High Priority Ticket within the following Response Times, depending on the support level that you purchased:
  - TICKETING SYSTEM 24x7x365 (HIGH PRIORITY TICKETS Initial Response Time)
    - Foundation: 2 Hours
    - Enhanced: 30 Minutes
    - Elite: 15 Minutes
4. We reserve the right to determine whether the issue is a “Normal Priority” or “High Priority”. Our determination will be final.
5. You, and not us, will be responsible for monitoring your use of the Services. You will immediately contact us if you encounter any issue when using or accessing the Services. You will cooperate and work closely with us to reproduce errors, including conducting diagnostic or troubleshooting activities as requested and appropriate, to resolve the issue.
MONTHLY UPTIME
1. “Monthly Uptime” is calculated as follows:
  - ( 100% x ( Total Minutes in a Service Period – [Total Downtime Period in a Service Period minus the Excused Downtime] – Total Minutes of delay in Response Times ) ) / Total Minutes in the Service Period
  - For example, in a Service Period, the Service was not available for 30 minutes, but half of which was Excused Downtime. There was no delay in Response Time. The Monthly Uptime was therefore: 100 x (43,200 Minutes – [30-15] / 43,200 = 99.9653%.
SERVICE CREDITS
1. If the Monthly Uptime for a Service is less than the Uptime Guarantee during the Service Period, we will compensate you with a dollar credit against the next monthly Fees for such Service that did not meet the Uptime Guarantee (“Service Credit”).
2. Service Credits are calculated as percentages of the next monthly Fees as described below:
  - Monthly Uptime
    - Less than 99.99% but equal to or greater than 99.0%
      = 10% Service Credit Percentage
    - Less than 99.0% but equal to or greater than 95.0%
      = 25% Service Credit Percentage
    - Less than 95.0%
      = 100% Service Credit Percentage
REQUEST AND PAYMENT PROCEDURES
1. To receive Service Credits, you must submit a request for Service Credits within 30 days from the time that the Downtime occurred by sending us an email at [email protected] from your Designated Email Address.
2. The request must include:
  1. the words “Service Credit Request” in the subject line;
  2. the dates, times, and affected Services of each claimed Downtime incident; and
  3. your request logs that document the errors and corroborate the claimed Downtime.
3. Your failure to provide the requested and other information as required above will disqualify you from receiving a Service Credit.
4. If we confirm that the Downtime is covered and Service Credit Request is valid, we will issue the Service Credit within sixty (60) days following the month of confirmation.
5. The Service Credits will be added to your Account. The Service Credits may not be transferred or added to any other account.
6. The Service Credits will be applied only against future Fees otherwise due from you for the same Service that did not meet the Uptime Guarantee.
7. At our discretion, we may issue the Service Credit to the credit card you used to pay for the Fees.
8. If your Account or your use of the Service is terminated before a Service Credit is applied, used, or credited, the Service Credit will be forfeited.
LIMITATIONS
1. The Service Credits may not exceed the total Fees that you have paid to us for the Service during the month when the Service did not meet the Uptime Guarantee.
2. Service Credits may not be aggregated.
3. Service Credits will not be paid in cash.
4. Service Credits will not entitle you to any refund or other payment from us.
5. A Service Credit will be applicable and issued only if the credit amount for the applicable monthly billing cycle is greater than one dollar ($1 USD).
SOLE REMEDY AND COMPENSATION
1. Unless otherwise provided in the Terms of Service, this SLA sets forth your sole and exclusive remedies, and our sole and exclusive obligations, for any unavailability, non-performance, or other failure by us to provide the Services.
CHANGES TO THE SLA
1. We may make changes to this SLA from time to time. When these changes are made, we will make a new copy of this SLA available at this page. We will also notify you of any substantial changes to your Designated Email Address, and give you the opportunity to terminate your use of the Services should you not agree with these substantial changes.
2. You understand and agree that if you use the Services after the date indicated in the said email, we will treat your use as acceptance of the updated SLA.
CONTACT INFORMATION
1. The Services are owned and operated by RAPYD – FZCO, with business address at Premises No: DSO-THUB-G-D-FLEX-G032C, Building Name: THUB, Area Name: Dubai Silicon Oasis, Dubai, UAE. You may contact us by sending correspondence to the foregoing address or by emailing us at [email protected].