Introduction

This Service Level Agreement (SLA) sets forth the terms and conditions under which Cirkuit Commerce ("Provider") will provide ecommerce shopping cart services and website customization to [Client Name] ("Client").

1. Scope of Services

1.1 Ecommerce Shopping Cart Services: Provider will offer and maintain ecommerce shopping cart solutions, including but not limited to shopping cart setup, payment gateway integration, product management, and security features.

1.2 Website Customization Services: Provider will offer website customization services, including design changes, feature enhancements, and integration with third-party tools.

2. Service Availability

2.1 Uptime Commitment: Provider commits to 99.9% uptime for ecommerce shopping cart services, excluding scheduled maintenance and emergency maintenance.

2.2 Scheduled Maintenance: Scheduled maintenance will be conducted during off-peak hours and with at least 48 hours' prior notice to Client. Such maintenance shall not exceed 4 hours per month.

2.3 Emergency Maintenance: In cases where emergency maintenance is required, Provider will notify Client as soon as practicable.

3. Support Services

3.1 Support Hours: Provider offers support services from 8:00 AM to 6:00 PM EST, Monday through Friday, excluding public holidays.

3.2 Support Channels: Support will be provided via email, phone, and an online ticketing system.

3.3 Response Times:

• Critical Issues (System down, major functionality failure): Response within 1 hour.
• High Priority Issues (Significant functionality impact, no workaround): Response within 4 hours.
• Medium Priority Issues (Minor functionality impact, workaround available): Response within 1 business day.
• Low Priority Issues (General queries, cosmetic issues): Response within 2 business days.

4. Performance Metrics

4.1 Page Load Time: Provider will ensure that the average page load time for the ecommerce site does not exceed 2 seconds under normal load conditions.

4.2 Transaction Processing Time: Provider will ensure that the average transaction processing time does not exceed 3 seconds under normal load conditions.

5. Data Security and Backup

5.1 Data Security: Provider will implement industry-standard security measures to protect Client’s data, including encryption, firewalls, and access controls.

5.2 Data Backup: Provider will perform daily backups of Client's data and retain backups for a minimum of 30 days.

5.3 Data Recovery: In the event of data loss, Provider will initiate data recovery procedures within 2 hours of incident reporting and aim to restore data within 24 hours.

6. Service Credits

6.1 Eligibility for Credits: If Provider fails to meet the service levels outlined in sections 2 and 3, Client may be eligible for service credits.

6.2 Calculation of Credits: Service credits will be calculated as follows:

• Uptime: For each 0.1% below the 99.9% uptime commitment in a given month, Client will receive a credit equivalent to 1% of the monthly service fee.
• Support Response: For each instance where Provider fails to meet the response time commitments, Client will receive a credit equivalent to 0.5% of the monthly service fee per incident, capped at 5% of the monthly service fee.

6.3 Claiming Credits: To claim service credits, Client must notify Provider in writing within 30 days of the incident. Provider will apply the credits to the next billing cycle.

7. Responsibilities

7.1 Provider Responsibilities:

• Maintain the ecommerce platform and provide customization services as per agreed terms.
• Ensure data security and perform regular backups.
• Communicate any scheduled maintenance in advance.

7.2 Client Responsibilities:

• Provide accurate and timely information required for service provisioning.
• Ensure compliance with Provider’s security guidelines.
• Promptly report any issues or concerns related to the services.

8. Term and Termination

8.1 Term: This SLA is effective from the date of signing and will continue for an initial term of one year. It will automatically renew for successive one-year terms unless terminated by either party with a 30-day written notice prior to the end of the current term.

8.2 Termination for Cause: Either party may terminate this SLA with immediate effect if the other party materially breaches any terms and fails to remedy the breach within 30 days of receiving written notice.

8.3 Termination Without Cause: Client may terminate this SLA without cause by providing 90 days' written notice. In such cases, no refunds will be issued for any prepaid fees.

9. Liability

9.1 Limitation of Liability: Except for liabilities arising from gross negligence or willful misconduct, each party's liability under this SLA is limited to the amount paid by Client to Provider in the 12 months preceding the incident.

9.2 Exclusion of Consequential Damages: Neither party will be liable for any indirect, incidental, special, or consequential damages, including lost profits or business interruption.

10. Miscellaneous

10.1 Governing Law: This SLA will be governed by and construed in accordance with the laws of United States.

10.2 Dispute Resolution: Any disputes arising out of or relating to this SLA will be resolved through negotiation between the parties. If unresolved, disputes will be submitted to mediation before resorting to arbitration or litigation.

10.3 Amendments: Any amendments to this SLA must be in writing and signed by both parties.

10.4 Entire Agreement: This SLA constitutes the entire agreement between the parties regarding the subject matter and supersedes all prior agreements and understandings.

All clients agree to service level agreement upon signing up for our services.

This SLA ensures that both the software company and the client have clear expectations regarding the services provided, support response times, and the recourse available if service levels are not met.