Service Level Agreement

1. Scope

This Service Level Agreement (the “SLA”) applies to your use of the Orbit Commerce platform under a paid subscription with Orbit Technologies Limited (trading as Orbit Commerce, “we”, “us”, or “our”).

Capitalised terms not defined here have the meaning given in the Terms of Service. If there is any conflict between this SLA and the Terms of Service in respect of Service availability, this SLA prevails.

2. Definitions

• “Calendar Month” means a calendar month in Coordinated Universal Time (UTC).
• “Covered Services” means the production hosting of your published Storefront (including page rendering and checkout pages) and the vendor dashboard production environment. Beta features, sandbox or development environments, and Third-Party Services are not Covered Services.
• “Downtime” means a continuous period of five (5) minutes or more during which a Covered Service is not Available, as measured by our monitoring systems from at least two geographically diverse external locations.
• “Available” means that a Covered Service responds to a valid HTTPS request within ten (10) seconds with a non-5xx response, or, in the case of checkout, that the checkout flow completes the payment-authorisation step without error attributable to us.
• “Monthly Uptime Percentage” means, for any Calendar Month, (Total Minutes in the Calendar Month − Downtime Minutes) divided by Total Minutes in the Calendar Month, expressed as a percentage.
• “Service Credit” has the meaning given in section 5.
• “Planned Maintenance” has the meaning given in section 4.
• “Excluded Event” has the meaning given in section 4.

3. Availability Commitment

We will use commercially reasonable efforts to make the Covered Services Available with a target Monthly Uptime Percentage of 99.9% in each Calendar Month, measured across the Calendar Month and excluding Excluded Events.

At 99.9% availability, the permitted Downtime is approximately 43 minutes per Calendar Month. We aim to exceed this target, but the target is the contractual commitment.

We publish near-real-time status information at status.orbitcommerce.net. The status page is informational only and does not modify this SLA.

4. Exclusions

The following do not count as Downtime and are excluded from the Monthly Uptime Percentage calculation (each, an “Excluded Event”):

• Planned Maintenance: scheduled maintenance windows of which we give at least five (5) business days’ notice (by email or status page), and emergency maintenance for security or stability where we give as much notice as is reasonably practicable.
• Vendor-caused issues: Downtime caused by your acts or omissions, including your Vendor Content, your custom code, your themes or apps, exceeding published rate or resource limits, exhausting your domain or DNS configuration, or breach of the Terms of Service or the Acceptable Use Policy.
• Third-Party Services: Downtime caused by Third-Party Services or integrations not provided by us (for example, third-party payment gateways, third- party apps, marketplace channels, your own infrastructure, your own DNS provider, your end-customer’s internet connection, or generic public internet routing issues).
• Force Majeure: Force Majeure Events as defined in the Terms of Service, including failures of public utilities, third-party hosting or content delivery providers, internet backbone, distributed denial-of-service attacks originating outside our network, and acts of regulators or government.
• Beta and non-production services: features and services we describe as beta, preview, alpha, experimental, sandbox, development, or staging.
• Suspension: periods during which the Covered Service is suspended or restricted in accordance with the Terms of Service.
• Account inactivity: periods during which your subscription is not in good standing, including unpaid Fees.

5. Service Credits

If the Monthly Uptime Percentage falls below 99.9% in a Calendar Month, you are entitled to a Service Credit calculated as a percentage of the subscription Fees you paid for that Calendar Month for the affected Covered Service:

Service Credits are applied as credits against future invoices. They are not paid in cash and are not refundable. If your subscription ends before the Service Credit is applied, the Service Credit lapses unless the law requires otherwise. Service Credits for any Calendar Month are capped at 50% of the monthly Fees for the affected Covered Service.

6. How to Claim a Service Credit

To claim a Service Credit, you must submit a written claim to support@orbitcommerce.net within thirty (30) days after the end of the Calendar Month in which the Downtime occurred. The claim must include:

• your Vendor Account identifier and the affected Storefront(s);
• the dates and times of the alleged Downtime;
• a brief description of the impact (for example, the affected URLs and request paths); and
• any logs or evidence you reasonably have to support the claim.

We will validate the claim against our monitoring records and notify you of the outcome within thirty (30) days of receipt. If we accept the claim, we will apply the Service Credit to your next invoice. Failure to claim within the 30-day window means you waive the right to that Service Credit.

7. Service Credits as Sole Financial Remedy

Service Credits issued under this SLA are your sole and exclusive financial remedy, and our sole and exclusive financial liability, for any failure to meet the Availability commitment in section 3. This is consistent with section 19 of the Terms of Service.

Nothing in this section limits any non-excludable liability set out in section 19.1 of the Terms of Service (including death or personal injury caused by negligence, fraud, or any liability that cannot be excluded under applicable law) or your right to terminate for material breach under section 22 of the Terms of Service, including the chronic-failure termination right in section 8 of this SLA.

8. Chronic-Failure Termination Right

If the Monthly Uptime Percentage falls below 95.0% in two (2) consecutive Calendar Months, or in three (3) Calendar Months in any rolling six (6) month period, in each case excluding Excluded Events, you may terminate the affected subscription on thirty (30) days’ written notice to us at support@orbitcommerce.net, provided you give that notice within thirty (30) days after the end of the Calendar Month that triggers the right. On valid termination under this section, we will refund the unused portion of any prepaid Fees for the affected subscription only, prorated to the effective date of termination, less any amounts you owe us. This refund is your sole financial remedy for the chronic failure and is in addition to (and not duplicative of) any Service Credits already claimed for the same Calendar Months.

9. Support Response Targets

The following targets apply to support requests submitted through the channels we publish for your plan. They are targets, not guarantees, and do not entitle you to Service Credits if missed.

10. Changes to this SLA

We may amend this SLA from time to time. For changes that materially reduce the Availability commitment or the Service Credits available to you, we will give at least thirty (30) days’ notice and you may terminate the affected subscription on notice before the change takes effect. Changes that clarify, add detail, or that are required by law may take effect on posting.

11. Contact