Service Level Agreement

Service Level And Customer Support Agreement (SLA)

This SLA sets forth the terms of the service levels provided by Peakhour.io Pty Ltd (ABN 76 619 930 826) (Peakhour) to an entity who has entered into an agreement with Peakhour (Client) for an Enterprise or Mission Critical Plan.

  1. Interpretation
    1. Unless the contrary intention appears, terms defined in the agreement between Peakhour and the Client (Agreement) have the meaning given there, and otherwise:
      Affected Visitor Ratio
      means, in respect of each Outage Period for a given Client Website, the proportion calculated as: (the Visitors affected by an Unscheduled Outage) / (total Visitors during an Outage Period)
      Client Downtime
      means any interruption to, or failure of, the Service as a result of:
      (i) a request by the Client; or
      (ii) a failure of the Client's software, hardware or Client Website, including any Client server
      Force Majeure
      means an event that is beyond the reasonable control of Peakhour, excluding: (a) an event to the extent that it could have been avoided by Peakhour taking reasonable steps or reasonable care; or
      (b) a lack of funds for any reason
      Month
      means each billing month that a Client is a licensee of the Service
      Outage Period
      means the duration (in seconds) of any Unscheduled Outage
      Scheduled Availability
      means, in respect of each Month, the duration (in seconds) of the period that Peakhour is required to provide the Services for in accordance with clause 2.1 of this SLA
      Service Credits
      means the credit as calculated in accordance with clause 3.1
      Scheduled Maintenance
      means an interruption to, or failure of, the Service that has been previously advised to the Client by Peakhour
      Unscheduled Outage
      means an interruption to, or failure of, the Service in breach of clause 2.1 of this SLA
      Uptime
      means, in respect of each Month, 99.95% of that Month
      Visitor
      means each web browser accessing the Client Website
      P1 Issue (Critical)
      An issue causing significant disruption, where your service is either unavailable or experiencing a major degradation. This includes situations where the website is down or severely impaired.
      P2 Issue (High Importance)
      An issue having a measurable impact on your service. This could include incidents where your website's performance is noticeably affected, but the service remains operational.
      P3 Issue (Medium Importance)
      Suspected issues or minor impacts that have been blocked or did not noticeably affect your service's performance. These are typically concerns that may not have an immediate visible impact but are worth investigating to prevent future problems.
      P4 Issue (Low Importance)
      All other issues that do not fit into the above categories. These could include minor queries or escalations that have no immediate impact on your service's operational performance.
  2. Service level
    1. Peakhour will ensure that the Service is available for the Uptime during each Month, provided that this will not apply during an event of Force Majeure, Client Downtime, Scheduled Maintenance or where the failure arises as a result of:
      1. the Client's hardware or software;
      2. the Client's misuse of the Service;
      3. the Client's failure to take any action reasonably requested by Peakhour; or
      4. the failure of any third party products and services, including third party rulesets, software libraries, blocklists, and ISP services (whether or not those third party products and services were chosen by Peakhour).
  3. Service Credits
    1. If there is an Unscheduled Outage in breach of clause 2.1 of this SLA, Peakhour will provide the Client with, and the Client's sole remedy will be, a Service Credit, calculated as follows:

      Service Credit = (Outage Period * Affected Visitor Ratio) / Scheduled Availability
    2. Subject to clause 3.3, Peakhour is not obliged to provide any Service Credit, unless:
      1. the Client notifies Peakhour in writing of any alleged Unscheduled Outage prior to the end of the Month after the Month in which the alleged Unscheduled Outage occurred; and
      2. Peakhour reasonably agrees that there has been an Unscheduled Outage.
    3. The maximum cumulative Service Credits Peakhour will award a Client in the previous 12 Months is 1 Month of the Client's total Fees.
  4. Information and estimates
    1. Peakhour will use information reasonably available to Peakhour, including historical analysis of Service data in order to:
      1. determine whether there has been an Unscheduled Outage; and
      2. estimate or calculate any amount or figure under this SLA, including Service Credits, Outage Periods and the Affected Visitor Ratio.
  5. Terms Of Payment
    1. Service Credits will be applied to the Client's account only as a credit against the subsequent tax invoice(s) payable by the Client. If Service Credits have accrued but not been fully applied as at the date this SLA terminates, then the Client's entitlement to the Service Credits will also terminate.
  6. Access to Support
    1. Clients are encouraged to use Peakhour's online platform for managing and adjusting their services.
    2. Peakhour offers Clients access to an online support centre. Here, Clients can:
      1. Initiate support tickets;
      2. Provide information to assist in resolving service issues;
      3. Monitor the status of their open tickets;
      4. View communications with Peakhour's support team.
    3. A specialised team of support professionals is available via phone, offering Clients a direct line to report and address potential service issues.
    4. Further details on support options are accessible on our website.
  7. Scope of Customer Support
    1. Peakhour delivers onboarding and technical support services that align with the Client’s selected support plan.
    2. Our customer support extends to guidance on using Peakhour services effectively but does not cover the development or debugging of Clients’ websites or applications.
    3. To ensure security and service integrity, only authorised users designated by the Client may submit support requests.
  8. Customer Support Response Times and Availability
    1. 5.1. Our commitment to support responsiveness is tiered according to the Client’s chosen support plan and the nature of the issue, as follows:
      Issue SeverityBusiness Hours Response TimeAfter Hours Response Time
      P1 Issue Less than 1 hour Less than 2 hours
      P2 Issue Less than 2 hour Less than 4 hours
      P3 Issue Less than 24 hour Next Business Day
      P4 Issue Less than 48 hour Next Business Day
      Clients unsure about their plan’s specifics are encouraged to contact their customer success manager or email our support team for clarification.
    2. For urgent P1 issues, our telephone support is available 24/7. For all other issues, online support is accessible around the clock.
  9. Termination
    1. This SLA will automatically terminate if the Agreement terminates.

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