Service Level Agreement
Service Level Agreement - June, 28th 2024
All terms used in this SLA whose first letter of each word is in capital letters have the meaning given to them within the Master Services Agreement.
1. Content and contact details of the Support
The extent of Support coverage, the contact details of the Support and the Support periods differ depending on the Subscription chosen by the Customer. The content of the Support and the contact details of the Support for the chosen Subscription are defined at the following URL: koyeb.com/pricing (opens in a new tab).
Any contact with the Support by any other means than that the one corresponding to the Subscription chosen by the Customer, will not be taken into account by Koyeb. In addition, any request sent outside the support periods according to the chosen Subscription will not be taken into account until the beginning of the next support period.
2. Relevant Service Failures
As part of the Services, Koyeb undertakes to make reasonable efforts to correct Service Failures, provided that:
- the Service Failure is directly related to the Service;
- the Customer informed Koyeb of the Service Failure and this Service Failure is reproducible;
- the Service is used by the Customer under the terms of the Contract.
In addition, Koyeb shall not be required to maintain any third-party software and/or services.
Koyeb will be released from any maintenance obligation under the Contract in the event that a Service Failure results from:
- the use of the Service in an environment that does not comply with Koyeb's recommendations;
- a defect or bug related to the Customer's environment, including a failure of a third-party provider;
- a negligence, misuse or non-compliant use of the Service or the Customer's failure to comply with its obligations under the Contract;
- problems or difficulties with the Internet and Intranet networks connection;
- problems with the Customer's hardware;
- an event beyond Koyeb's control, such as a Force Majeure case.
3. Service Level Agreement
3.1 Deadlines for response
The response time by Koyeb following the reporting of a Service Failure differs depending on the Subscription chosen by the Customer.
The response time begins to run from the Customer's notification of the Service Failure. The response is deemed to be provided as soon as Koyeb sends an e-mail confirming that the request has been taken into account.
3.2 Availability rate
The "Availability Rate" (or "AR") means the network availability of the Platform and Services, expressed as a percentage, calculated according to the following formula: AR = ((CP - DT) / CP) * 100
In which:
- "Down Time" (or "DT") = the period, expressed in minutes, on the Coverage Period, during which the Platform is inaccessible to the Customer. Periods of scheduled maintenance and emergency maintenance are not included in the calculation of the DownTime.
- "Coverage Period" (or "CP)" = the period during which the Platform's availability will be measured over a period of one (1) calendar month, expressed in minutes.
The Platform Availability Rate on the Coverage Period varies depending on the chosen Subscription.
Koyeb may be required to carry out maintenance operations on the Platform. These operations will be scheduled and the Customer will be alerted by email indicating the date, time and period of the intervention at least three (3) working days in advance. Any maintenance is likely to cause an interruption in Platform Availability. Koyeb undertakes to make all necessary effort to ensure that these operations cause the least possible interruption to the Services.
Koyeb may also carry out emergency maintenance operations without notifying the Customer.
Maintenance operations that have been communicated to the Customer and emergency maintenance operations are not included in the Availability Rate.
Unavailability is deemed to have ceased as soon as it is possible to connect to the Service again.
4. Service Credits granted to the Customer
4.1 Use of Service Credits
In the event of a breach of a Service Level, a Service Credit may be granted to the Customer under the conditions of this Article 4.
The Customer declares that the Service Credits were taken into account in determining the Fees. Therefore, the Parties recognize and declare that Service Credits are a reasonable method of price adjustment to take into account any breach by Koyeb of a Service Level.
Service Credits granted for a breach of a Service Level are the Customer's only recourse in the event of a breach by Koyeb of a Service Level.
4.2 Calculation of a Service Credit
The Customer shall benefit from a Service Credit as soon as the Availability Rate is lower than the expected Availability Rate at the Service Level.
The Service Credit granted to the Customer corresponds to a pro rata discount of the amount of the Fees to be paid for the current month calculated over the period during which the Availability Rate is not reached.
4.3 Activation of a Service Credit
Koyeb will deduct the amount of Service Credits from the Fees charged to the Customer for the month in question, provided that the Customer has notified the Service Failure and requested a Service Credit from Koyeb.
No Service Credit will be granted to the Customer for a period during which the Customer himself was late for certain payments due under the Contract.
The cumulative total amount of Service Credits that may be granted to the Customer in one (1) month shall not, in any case, exceed the sums owed by the Customer to Koyeb for the month in question under the Contract.