Service level agreement

1. Purpose and scope

This Service Level Agreement, the “SLA,” is offered by Upkyo, the trade name of a Limited Liability Company organized under the laws of the State of New Mexico, USA, company number 6867626, referred to as “Upkyo.” It describes the uptime target for covered services, how downtime is measured and the only compensation available to you if that target is missed.

This SLA supplements the Terms of Service, the Acceptable Use Policy and the Billing and Renewal Policy. If there is a conflict regarding service availability, this SLA controls; for everything else, the Terms of Service apply.

2. Definitions

“Covered Service” means a paid service listed in Section 3 that is active and in good standing.

“Month” means a calendar month, from its first day to its last.

“Downtime” means a period during which a Covered Service fails Upkyo’s monitoring checks due to a cause within the infrastructure managed by Upkyo that is not excluded under Section 6.

“Monthly Uptime Percentage” means the total time in the month minus Downtime, divided by the total time in the month.

“Service Credit” means a credit applied to your future invoices. It has no cash value and cannot be exchanged for money.

3. Covered services

This SLA applies to the following paid plans: web hosting; WordPress hosting; professional email with webmail; cloud servers; VPS servers; dedicated servers.

For cloud servers, VPS servers and dedicated servers, this SLA covers only the availability of the infrastructure Upkyo provides, meaning power, hardware, the virtualization layer where applicable and connectivity on Upkyo’s network. The operating system, software and configuration you install or change are not covered.

The following are not covered: domain names and transfers, which depend on registries and the registrar; SSL certificates; cloud backup; WordPress maintenance; website design, online stores, SEO, automations and migrations; NordVPN resale; the affiliate program; the upkyo.com website, the client area and the Upkyo mobile app; and any free, trial, demo or preview offering.

4. Uptime target

Upkyo aims to deliver a Monthly Uptime Percentage of 99.99% for each Covered Service. Servers are deployed in high-availability pairs to limit the impact of hardware failures.

This target is a commitment to use reasonable efforts. It is not a guarantee of uninterrupted or error-free service, and it is not a guarantee of performance or response time.

5. How downtime is measured

Downtime is measured solely by Upkyo’s monitoring tools, which regularly check whether Covered Services respond from within Upkyo’s network. A Downtime period begins at the first confirmed failed check and ends as soon as the service responds again.

Upkyo’s monitoring records are final. Measurements taken by you or by third-party monitoring tools may support a claim but are not binding on Upkyo, because they depend on networks and settings outside Upkyo’s control.

Slow performance, degraded speed or the failure of a single feature of a service that remains reachable is not Downtime.

6. Exclusions

Any interruption, degradation or inability to access a service caused in whole or in part by any of the following does not count as Downtime.

Scheduled maintenance, as well as emergency maintenance required by a security patch, a vulnerability, an imminent threat or a risk to the integrity of the infrastructure, whether or not it was announced in advance.

Force majeure or any event beyond Upkyo’s reasonable control, including natural disasters, fire, flood, widespread power or telecommunications outages, government action, war, civil unrest, labor disputes, epidemics or a failure of an infrastructure partner not attributable to Upkyo.

Cyberattacks, including distributed denial-of-service attacks, intrusions, malware or exploitation attempts, and any protective measures Upkyo takes in response.

Acts or omissions of you, your users or your contractors, including user error, misconfiguration, system changes, exceeding plan resources, or the behavior of your applications, scripts, databases, content, themes, extensions and plugins.

Failures of external DNS servers, of a domain’s registry or registrar, or DNS misconfiguration outside Upkyo’s infrastructure.

Failures of third-party services, including payment providers, messaging services, third-party licenses and software, and external APIs.

Suspension or restriction of a service by Upkyo under the Terms of Service or the Acceptable Use Policy, including for abuse, security risk, unlawful content or nonpayment.

Internet problems outside Upkyo’s network, including your internet service provider, your equipment, your browser or your local network.

Any unavailability of a free, trial, demo or preview offering.

7. Service credits

If the Monthly Uptime Percentage of a Covered Service falls below 99.99%, you may receive a Service Credit proportional to the Downtime recorded beyond the target.

The Service Credit equals the monthly price of the affected service, excluding taxes, multiplied by the Downtime that exceeds the target, divided by the total time in the month. For a service billed over a different period, the monthly price is the price for that period converted to one month; for an annual service, it is the annual price divided by 12.

Total Service Credits for a single service in a single month will never exceed the monthly price of that service, excluding taxes. Credits apply only to the affected service and exclude domain names, add-ons, licenses, setup fees and third-party services.

Service Credits are non-refundable, have no cash value and cannot be transferred. They are applied to your subsequent invoices on the same account. Unused credits are forfeited if the account is closed or the service is not renewed, unless mandatory law provides otherwise.

8. How to submit a claim

To request a Service Credit, open a ticket from your client area within 30 days after the end of the incident. Claims received after that period are not eligible.

Your claim must identify the affected service, the dates and times when the Downtime began and ended, and any supporting evidence, such as reports, logs or screenshots.

Upkyo reviews the claim against its monitoring records and lets you know its decision within a reasonable time. Approved credits appear in your client area and are applied to a later invoice. Incomplete or late claims, or claims not confirmed by Upkyo’s monitoring, will be denied.

9. Eligibility

A Service Credit is available only if, both at the time of the Downtime and at the time of the claim, your account is current on all payments, with no unpaid invoice or pending payment dispute, and you are in compliance with the Terms of Service and the Acceptable Use Policy.

Service Credits are available only to the account holder. Resellers and customers who provide services to third parties may not pass these credits on to their own customers or make claims under this SLA on their behalf.

10. Sole and exclusive remedy

The Service Credit described in Section 7 is your sole and exclusive remedy, and Upkyo’s sole obligation, for any unavailability of a Covered Service or any failure to meet the uptime target.

To the fullest extent permitted by applicable law, you waive any other claim, compensation, refund or damages related to Downtime, including for lost revenue, customers, data or business opportunities.

11. Maintenance and notifications

Upkyo performs maintenance to keep its infrastructure secure, up to date and evolving. Upkyo tries to schedule planned maintenance during low-traffic hours and to notify customers in advance when the work may have a visible impact, through the Service Status page, by email or in the client area.

Emergency maintenance may be carried out at any time without notice when the security or stability of the infrastructure requires it. Upkyo will inform affected customers within a reasonable time.

The Service Status page shows the status of services and ongoing incidents. It is provided for information only and is not used to calculate Service Credits.

12. Support

Upkyo’s human support team is available 24/7 through a ticket in your client area or at support@upkyo.com.

Upkyo handles requests diligently but does not guarantee any response or resolution time. Support is not part of the uptime commitments in this SLA, and support response times do not entitle you to any credit.

13. No other warranties

Except for the target described in this SLA, the services are provided “as is” and “as available.” To the fullest extent permitted by applicable law, Upkyo disclaims all other warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, uninterrupted operation, error-free operation or data preservation.

14. Limitation of liability

The limitations of liability in the Terms of Service apply to this SLA. In particular, Upkyo’s total liability for all claims combined is capped at the amounts you actually paid for the affected service during the 12 months before the event giving rise to the claim, and Upkyo is never liable for indirect, special or consequential damages.

Nothing in this SLA limits the rights granted to consumers residing in the European Union by the mandatory laws of their country of residence.

15. Changes

Upkyo may change this SLA. Any material change will be announced by email or in the client area before it takes effect. The new version applies to months starting after its effective date. If you do not accept the change, you may cancel the affected service from your client area before that date.

16. Governing law and language

This SLA is governed by the laws of the State of New Mexico and the federal laws of the United States. Disputes are resolved as provided in the Terms of Service, including the individual arbitration clause and the class action waiver. Consumers residing in the European Union keep the mandatory protections of their country of residence.

This SLA is published in several languages. If the versions differ, the English version controls.

17. Contact

For any question about this SLA or to request a Service Credit, open a ticket from your client area or email support@upkyo.com.

Mailing address: Upkyo, 1178 Broadway, 3rd Floor #1249, New York, NY 10001, USA.