PayBitoPro WorkMail Service Level Agreement

Last Updated: December 6, 2024

This PayBitoPro WorkMail Service Level Agreement (“SLA”) is a policy governing the use of PayBitoPro WorkMail and applies separately to each account using PayBitoPro WorkMail. In the event of a conflict between the terms of this SLA and the terms of the  PayBitoPro Customer Agreement or other agreement with us governing your use of our Services (the “Agreement”), the terms and conditions of this SLA apply, but only to the extent of such conflict. Capitalized terms used herein but not defined herein shall have the meanings set forth in the Agreement.

Service Commitment

PayBitoPro will use commercially reasonable efforts to make PayBitoPro WorkMail available in each PayBitoPro region with the applicable Monthly Uptime Percentage during any monthly billing cycle (the “Service Commitment”). In the event PayBitoPro WorkMail does not meet the Service Commitment, you will be eligible to receive a Service Credit as described below.

Service Credits

Service Credits are calculated as a percentage of the total charges paid by you for the PayBitoPro WorkMail organizations in a given PayBitoPro region for the billing cycle in which the error occurred in accordance with the schedule below.

We will apply for any Service Credits only against future PayBitoPro WorkMail payments otherwise due from you. At our discretion, we may issue the Service Credit to the credit card you used to pay for the billing cycle in which the error occurred. Service Credits will not entitle you to any refund or other payment from PayBitoPro. A Service Credit will be applicable and issued only if the credit amount for the applicable monthly billing cycle is greater than one dollar ($1 USD). Service Credits may not be transferred or applied to any other account. Unless otherwise provided in the Agreement, your sole and exclusive remedy for any unavailability, non-performance, or other failure by us to provide PayBitoPro WorkMail is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA. Credit Request and Payment Procedures. To receive a Service Credit, you must submit a claim by opening a case in the PayBitoPro Support Center. To be eligible, the credit request must be received by us by the end of the second billing cycle after which the incident occurred and must include:

1. the words "SLA Credit Request" in the subject line;
2. the dates and times of each incident where you are claiming that PayBitoPro WorkMail was Unavailable; and
3. your request logs that document the errors and corroborate your claimed outage (any confidential or sensitive information in these logs should be removed or replaced with asterisks).

If the Monthly Uptime Percentage applicable to the month of such request is confirmed by us and is less than the applicable Service Commitment, then we will issue the Service Credit to you within one billing cycle following the month in which your request is confirmed by us. Your failure to provide the request and other information as required above will disqualify you from receiving a Service Credit.

PayBitoPro WorkMail SLA Exclusions

The Service Commitment does not apply to any unavailability, suspension, or termination of PayBitoPro WorkMail, or any other PayBitoPro WorkMail performance issues: (i) caused by factors outside of our reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of PayBitoPro WorkMail; (ii) that result from any actions or inactions of you; (iii) that result from failure to follow the guidelines or exceeding the limitations described in the PayBitoPro WorkMail Documentation on the PayBitoPro Site; (iv) that result from your equipment, software or other technology; (v) that result from delayed email delivery, spam protection failures, and virus protection failures; or (vi) arising from our suspension or termination of your right to use PayBitoPro WorkMail in accordance with the Agreement (collectively, the “PayBitoPro WorkMail SLA Exclusions”). If availability is impacted by factors other than those used in our calculation of the Monthly Downtime, then we may issue a Service Credit considering such factors at our discretion.

Definitions

• “Monthly Downtime” is the number of 1-minute intervals that PayBitoPro WorkMail is Unavailable in a given PayBitoPro region in a single billing cycle, summed across all users in your WorkMail organization.
• “Monthly Uptime Percentage” is calculated by subtracting from 100% the Monthly Downtime divided by the total number of users in your organization multiplied by the total number of 1-minute intervals in the month:(100% - (Monthly DownTime / (users in your organization * minutes in the month)).
• A “Service Credit” is a dollar credit, calculated as set forth above, that we may credit back to an eligible PayBitoPro WorkMail account.
• “Unavailable” means specifically that a user attempts and is unable to (i) send email via the PayBitoPro WorkMail web interface (ii) receive email in the PayBitoPro WorkMail web interface (iii) view their calendar in the PayBitoPro WorkMail web interface (iv) open their contacts in the PayBitoPro WorkMail web interface. The term “Unavailable” excludes all other issues, including any issues resulting directly or indirectly from any PayBitoPro WorkMail SLA Exclusion.