Service Level Agreement
This BuildrLink Service Level Agreement (“SLA”) governs the use of the BuildrLink under the terms of the BuildrLink Terms of Service (the “TOS”) between BuildrLink OÜ (“BuildrLink”, “us” or “we”) and users of the BuildrLink (“you” or “Customer”). This SLA applies separately to each account using the BuildrLink. Unless otherwise provided herein, this SLA is subject to the terms of the TOS and capitalized terms will have the meaning specified in the TOS. BuildrLink reserves the right to change the terms of this SLA in accordance with the TOS.
1. SERVICE COMMITMENT
BuildrLink will use commercially reasonable efforts to make the BuildrLink available 99.9% of the time. In the event BuildrLink does not meet the goal of 99.9% API availability in a given calendar month (“Monthly Uptime Percentage”), you will be eligible to receive a Service Credit as described below.
The following capitalized terms shall be given the meaning set forth below:
2.1 “Unavailable Time” means the BuildrLink is not available for use according to third-party performance and monitoring services contracted by BuildrLink at its sole discretion (the “Monitoring Service”). The Monitoring Service reports of availability are currently available at https://buildrlink.statuspage.io/; provided that service issues or outages relating to any Exclusions (defined below) shall not be deemed as Unavailable Time.
2.2 “Monthly Uptime Percentage" is calculated by subtracting from 100% the percentage of continuous 1 minute periods during the Service Month in which the BuildrLink was in a state of “Unavailable Time” as identified by Monitoring Service.
2.3 A “Service Credit” is a dollar credit, calculated as set forth below, that BuildrLink may credit back to an eligible Customer account:
2.4 “Severity level” shown in the tables below are defined as follows
- Fatal: Complete degradation — all users and critical functions affected. Item or service completely unavailable.
- Severe: Significant degradation — a large number of users or critical functions affected.
- Medium: Limited degradation — limited number of users or functions affected. Business processes can continue.
- Minor: Small degradation — few users or one user affected. Business processes can continue.
3. RESPONSE TIMES
When the client raises a support issue with BuildrLink, we promise to respond in a timely fashion. Response times are measured from the moment the client submits a support request via our online chat system or sends us an email. Response times apply during standard working hours (9am to 6pm Eastern European Time) only, unless the contract between the client and BuildrLink specifically includes provisions for out of hours support.
Guaranteed response times depend on the priority of the item(s) affected and the severity of the issue. They are shown in this table:
|Time to Respond||within 2 hours||within 4 hours||within 8 hours||within 1 day|
4. RESOLUTION TIMES
BuildrLink will always endeavour to resolve problems as swiftly as possible. It recognises that the client’s computer systems are key to its business and that any downtime can cost money.
However, BuildrLink is unable to provide guaranteed resolution times. This is because the nature and causes of problems can vary enormously. In all cases, BuildrLink will make its best efforts to resolve problems as quickly as possible and we will do our best to fix issues within time defined below.
|Time to Fix||ASAP or up to 1 day||up to 3 days||within 1 week||within 2 weeks|
5. CREDIT REQUEST AND PAYMENT PROCEDURES
For a calendar month where the Uptime Monthly Percentage, as identified by Monitoring Service, BuildrLink, at its sole discretion after confirming the nature and accuracy of the Unavailable Time, will credit
Customer’s account a percentage of that month’s billings, as defined by this table:
|Priority||Monthly Uptime Percentage||Service Credit|
Service Credit shall be issued to Customer’s BuildrLink balance for future use only. No refunds or cash value will be provided. Service Credits may not be transferred or applied to any other account.
To apply for a Service Credit, the customer must write an email to email@example.com within 30 days of the month in which the Unavailable Time occurred. The email must include (i) "SLA Claim" as the subject; (ii) the dates and times of the Unavailable Time for which you are requesting credit; and (iii) any applicable information that documents the claimed outage.
Notwithstanding anything to the contrary, no Unavailable Time shall be deemed to have occurred with respect to any unavailability, suspension or termination of the BuildrLink, or any other BuildrLink performance issues, that (i) are caused by factors outside of BuildrLink reasonable control, including, without limitation, any force majeure event, carrier related problems or issues, or Internet access or related problems beyond the demarcation point of BuildrLink or its direct hosting subcontractors (i.e beyond the point in the network where BuildrLink maintains access and control over the BuildrLink Services); (ii) result from any actions or inactions of Customer or any third-party (other than BuildrLink direct hosting subcontractor); (iii) result from Applications, equipment, software or other technology and/or third-party equipment, software or other technology (other than third-party equipment within BuildrLink direct control); or (iv) arise from BuildrLink suspension and termination of Customer’s right to use the BuildrLink Services in accordance with the TOS, (v) scheduled maintenance; or (vi) problems or issues related to alpha, beta or not otherwise generally available BuildrLink features (collectively, the “Exclusions”).
7. SOLE REMEDY
Service Credits shall be your sole and exclusive remedy for any unavailability or non-performance of the BuildrLink Services or other failures by us to provide the BuildrLink Services.
Service Level Agreement Version Date: October 24, 2020