This Service Level Agreement (“SLA”) applies to hosting, maintenance, and technical support Services provided by Wafix Technologies (“Wafix Technologies,” “we,” “us,” or “our”) to Clients under an active Order that references this SLA, and supplements the Wafix Technologies Terms and Conditions. This SLA does not apply to project-based Services (such as one-time design or development projects) except with respect to any post-launch support period expressly stated in the applicable Order.
1. Definitions
1.1 “Covered Services” means hosting, managed cloud infrastructure, and technical support Services provided by Wafix Technologies under an Order that references this SLA.
1.2 “Uptime” means the percentage of time during a calendar month that the Covered Services are available and operational, excluding Scheduled Maintenance and Excused Downtime.
1.3 “Scheduled Maintenance” means planned maintenance windows for which Wafix Technologies provides at least twenty-four (24) hours’ advance notice, except in the case of emergency security patching.
1.4 “Excused Downtime” means downtime resulting from: (a) Force Majeure events under Section 30 of the Terms and Conditions; (b) failures of Third-Party Platforms or infrastructure not controlled by Wafix Technologies, including domain registrars, upstream internet providers, content delivery networks, or third-party APIs; (c) the Client’s own acts or omissions, including misconfiguration or unauthorized modifications; (d) DDoS attacks or other malicious third-party activity, to the extent mitigation is reasonably outside Wafix Technologies’ control; and (e) Scheduled Maintenance.
2. Uptime Commitment
Wafix Technologies will use commercially reasonable efforts to maintain a monthly Uptime of ninety-nine and one-half percent (99.5%) for Covered Services hosted on infrastructure directly managed by Wafix Technologies. This commitment does not apply where the Client has elected to use a Third-Party Platform’s own infrastructure directly (for example, a Client-owned cloud hosting account), in which case the Uptime commitment of that Third-Party Platform, if any, applies instead.
3. Service Credits
If actual monthly Uptime falls below the commitment in Section 2 due to causes within Wafix Technologies’ reasonable control (excluding Excused Downtime), the Client may request a service credit according to the following schedule, applied against the following month’s hosting or maintenance fee:
| Monthly Uptime | Service Credit |
|---|---|
| 99.0% – 99.49% | 5% of monthly hosting fee |
| 95.0% – 98.99% | 10% of monthly hosting fee |
| Below 95.0% | 20% of monthly hosting fee |
Service credits are the Client’s sole and exclusive remedy for any failure to meet the Uptime commitment in this SLA. To claim a service credit, the Client must submit a written request within thirty (30) days of the end of the affected month, including reasonably supporting details. Service credits are not redeemable for cash and may not be carried over beyond one (1) billing cycle.
4. Response Times
For Clients with an active support plan, Wafix Technologies will use commercially reasonable efforts to respond to properly submitted support requests within the following target response times, measured from receipt of a complete request through the designated support channel during business hours (Monday through Friday, excluding public holidays observed by Wafix Technologies, in Wafix Technologies’ local time zone unless otherwise specified in the applicable Order):
| Severity | Description | Target First Response |
|---|---|---|
| Critical | Site or application completely down or inaccessible | Within 4 business hours |
| High | Major functionality impaired, no reasonable workaround | Within 8 business hours |
| Medium | Minor functionality impaired, workaround available | Within 1 business day |
| Low | Cosmetic issue, general question, or enhancement request | Within 2 business days |
Response time targets reflect first response and acknowledgment, not resolution, as resolution time depends on the complexity of the issue and, in some cases, dependencies on Third-Party Platforms.
5. Backups
Where a backup service is included in the applicable Order, Wafix Technologies will perform backups of Covered Services at the frequency specified in that Order (typically daily or weekly) and retain a rolling set of backups for a period specified in the Order (typically thirty (30) days). Backup and restoration Services are provided on a commercially reasonable, best-efforts basis, and Wafix Technologies does not guarantee that any specific backup will be free of corruption or fully restorable. The Client is strongly encouraged to maintain independent backups of critical data and content.
6. Security Monitoring
Wafix Technologies will apply reasonable security monitoring and patching practices to infrastructure it directly manages, consistent with the Wafix Technologies Security Policy, but does not warrant that Covered Services will be free from all security vulnerabilities or unauthorized access attempts.
7. Exclusions
This SLA does not apply to, and no service credits are available for, downtime or degraded performance caused by: (a) the Client’s failure to pay applicable fees; (b) suspension of Services under Section 26 of the Terms and Conditions; (c) beta, trial, or free-tier Services; or (d) any Third-Party Platform not directly managed by Wafix Technologies.