Service Level Agreement (SLA)

2.1 Uptime Definition

• Uptime is the percentage of time during a given month that services are fully operational and accessible.
• Uptime Percentage is calculated as follows:
  Uptime % = [(Total Minutes in Month - Downtime Minutes) / Total Minutes in Month] × 100

2.2 Downtime Definition

• Downtime refers to any period when core services are unavailable due to issues within PrivateByte’s control.
• Downtime is measured from the time a ticket is created to report the issue until the issue is resolved.

2.3 Exclusions

The following do not count as downtime:

• Scheduled Maintenance: Announced at least 48 hours in advance.
• Force Majeure Events: Natural disasters, strikes, legal regulations, or other events beyond our control.
• Customer Actions: Misconfigurations, custom scripts, or unauthorized software installations.
• Third-Party Issues: Failures of external service providers or software.
• Fluctuations in bandwidth speed due to shared usage or network congestion, as outlined in the Acceptable Use Policy.

3.1 Credit Eligibility

• Credits are calculated based on the total downtime exceeding the 0.1% threshold (approximately 43 minutes/month).
• For every additional 0.1% of downtime, PrivateByte will provide a service credit equal to 10% of the monthly service fee for the affected service, capped at 100% of the monthly fee.

3.2 Claim Submission

• Customers must submit claims for service credits to [email protected] within 30 days of the downtime incident.
• Claims must include:
  • Customer ID and affected service
  • Date and time of downtime
  • A detailed description of the impact on service

3.3 Application of Credits

• Approved credits are applied to the customer’s account for future invoices.
• Credits are non-transferable and have no cash value.

4.1 Support Channels

• Email: [email protected]
• Support Ticket System: Available through the customer dashboard.

4.2 Response Time Targets

PrivateByte aims to address support requests promptly:

• Critical Issues (e.g., outages): Response within 1 hour
• High Priority Issues (e.g., performance degradation): Response within 4 hours
• General Inquiries: Response within 24 hours

5.1 Scheduled Maintenance

• PrivateByte performs regular maintenance to enhance security and reliability.
• Customers will receive at least 48 hours’ notice for scheduled maintenance.

5.2 Emergency Maintenance

• In rare cases, emergency maintenance may be required. PrivateByte will notify customers as soon as possible to minimize disruption.

6.1 Data and Backup Responsibility

• Customers are responsible for backing up their data regularly.
• PrivateByte is not liable for data loss due to customer actions, software errors, or force majeure events.

6.2 Security

• Customers must secure their accounts by using strong passwords and keeping software updated.
• Customers are liable for any breaches caused by weak security practices on their part.

6.3 Fair Use Policy

Customers must adhere to PrivateByte’s Fair Use Policy as outlined in the Terms of Service. Excessive or abusive use of shared resources, including bandwidth, CPU, or storage, may result in throttling, suspension, or termination of services.

7.1 Termination by PrivateByte

• PrivateByte reserves the right to suspend or terminate services if:
  • Customers violate the Terms of Service (TOS) or Acceptable Use Policy (AUP).
  • Payment for services is overdue.
  • Insolvency or bankruptcy is declared.

7.2 Termination by Customer

• Customers may cancel services via their dashboard.
• A 14-day notice is required before the next billing cycle to avoid additional charges.

8.1 Service Disclaimer

PrivateByte provides services “as-is” and “as-available”, without warranties of any kind, including implied warranties of merchantability or fitness for a particular purpose.

8.2 Limitation of Liability

• PrivateByte’s liability is limited to the amount the customer paid in the three months prior to the claim.
• PrivateByte is not responsible for indirect, incidental, or consequential damages, including lost profits or business disruptions.