Service Level Agreement (SLA)

This Service Level Agreement (“SLA”) is incorporated into and governed by the Master Services Agreement (“Agreement”) between AbleCommerce Hosting (“ACH”) and Customer. In the event of any conflict between this SLA and the Agreement, the terms of the Agreement shall control.

1. Scope and Eligibility

This SLA applies only to Customers who:

  • Are in good financial standing; and
  • Are in full compliance with the Agreement and all ACH policies

Mandatory Security Requirement:

As a condition of service, ACH may require that all Customer-facing ecommerce traffic be routed through an ACH-approved security and content delivery provider, including but not limited to Cloudflare.

Customers who fail to implement, maintain, or properly configure such required services are not eligible for uptime guarantees or SLA credits.

2. Nature of SLA

This SLA is intended to provide service level targets, not guarantees of uninterrupted service. All services are provided subject to the disclaimers and limitations of liability set forth in the Agreement.

3. Network Uptime Target

3.1 Uptime Target

ACH targets 99.99% network uptime in a given calendar month, excluding Scheduled Maintenance.

3.2 Conditions for SLA Eligibility

The uptime target and any associated service credits apply only if:

  • Customer traffic is routed through ACH-required security infrastructure (e.g., Cloudflare), and
  • Such services are active and correctly configured

If Customer:

  • disables or bypasses such protections
  • refuses required implementation
  • introduces configurations that increase risk exposure

then:

  • No uptime commitment applies, and
  • No SLA credits will be issued for related incidents

4. Definition of Downtime

“Downtime” means a verified inability of Customer to transmit and receive data through ACH’s network, as confirmed by ACH monitoring systems.

Downtime excludes:

  • Application, database, or code-level issues
  • Third-party services or integrations
  • Internet-wide or upstream provider disruptions
  • Security incidents (including DDoS attacks) where Customer is not compliant with ACH security requirements
  • Events excluded under the Agreement

5. Service Credits

If ACH fails to meet the uptime target, Customer may request a credit:

  • 5% of monthly recurring fee per 30 minutes of qualifying downtime
  • Maximum credit: 100% of monthly recurring fee

Credits:

  • Must be requested within 7 business days
  • Apply only to future invoices
  • Are Customer’s sole and exclusive remedy for service interruptions

6. Hardware Replacement Target

ACH will use commercially reasonable efforts to replace failed hardware within 2 hours of issue identification.

If exceeded:

  • 5% credit per additional hour of downtime
  • Maximum 100% of monthly recurring fee

Excludes:

  • RAID rebuild time
  • Data restoration

7. Scheduled Maintenance

Scheduled Maintenance will be announced in advance and excluded from uptime calculations.

8. SLA Exclusions

This SLA does not apply to:

  • Customer misconfiguration or misuse
  • Failure to implement required security controls (including Cloudflare)
  • Cyberattacks, including DDoS events outside ACH mitigation scope
  • Third-party software or services
  • Force majeure events
  • Any event excluded under the Agreement

9. Modification

ACH may update this SLA upon reasonable notice. Continued use of services constitutes acceptance.

Summary:

Uptime targets apply only when Customer complies with ACH-required security architecture. Without such compliance, services are provided on a commercially reasonable basis without uptime commitments or SLA credits.