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Service Level Agreement

Last updated: Aug 31, 2023

1. General 

Memphis.dev will use commercially reasonable efforts to maximize the availability of Memphis.dev Cloud, and provides performance standards as detailed below.

2. Support Services and Channels

Company’s channels shall be available 24/7. Company’s support can be contacted in English based on the customer’s subscribed plan via chat, email, phone, and “Slack” support and reached at +1-332-249-7300 or be contacted by email at support@memphis.dev.

3. Communication of service interruption

The purpose of this section is to establish guidelines for effective communication during service interruptions involving Memphis.dev, ensuring transparency, minimizing user impact, and maintaining trust with our customers and users.

Depending on the severity level and affected audience, Memphis.dev will use the following channels for communication:

  • Email: For critical and high-severity incidents, notify affected users and stakeholders via email.
  • In-App Notifications: For medium and low-severity incidents, use in-app notifications.
  • Status Page: Maintain a status page for real-time updates and post-incident information.

Service interruption communications would include

  • A brief description of the issue.
  • The severity level.
  • Expected duration (if known).
  • Steps or actions for affected users to take (if applicable).
  • Real-time updates on the status page.
  • A commitment to resolving the issue and continuous updates until resolution.

3. Incident Response Time – Service Level Priority Descriptions

The Company will render support in response to all communications within the response time set forth below, based on the priority level of the incident according to the terms and response time listed below, either directly or through Company’s representatives (the “Support Services”).

Severity   Description Response Time to initial handling Temporary Solution or Workaround Permanent Solution Target
Critical Memphis.dev Cloud is inaccessible or clients cannot write or read to from and to it, or significant impact threatening productivity. 1-2 hours 48 hours from Response As soon as commercially available and not jeopardize the stability of the Cloud
High Incident impact is high, Clients is proceeding but in an impaired fashion.  4-8 hours 96 hours from Response As soon as commercially available and not jeopardize the stability of the Cloud
Medium Incident does not have a significant current impact. Up to 12-24 hours 1 week from Response At Company’s discretion
Low Incident regards a question to the usage of Memphis.dev Cloud or otherwise of an informative nature. Up to 1 business days N/A At Company’s discretion

In this table-

Permanent Solution” means a resolution of the underlying cause of the incident or any other development or implementation which enables Customer to use Memphis.dev Cloud at full capacity.

Response Time” means the duration between the receipt of a support request by Customer and the initial response by Company to the Customer for clarification of the incident. 

Temporary Solution” or “Workaround” means a fix to the incident which enables Customer to continue using Memphis.dev Cloud albeit with a diminished capacity, or in a manner that reduces the issue severity to a Medium level.

4. Service Uptime – Availability Service Level

The Company will provide the Support Services in a manner that meets or exceeds the service levels described herein.

  • Memphis.dev Cloud shall be available no less than 99.999% of the time twenty-four (24) hours per day, seven (7) days per week, including holidays measured monthly (the “Availability Commitment”).
  • “Service Unavailability” is defined as the number of minutes in a given month when Memphis.dev Cloud was unavailable to the Customer, excluding the exclusions set forth in Section 4.4 herein, as measured by the Company’s monitoring systems which can also be found here https://status.memphis.dev.

Exclusions to Service Unavailability:

  • Force Majeure, where Memphis.dev Cloud was unavailable due to an incident which was not within the control of the Company including unavailability caused by acts of God, acts of government, insurrection, war, riot, explosion, nuclear incident, fire, flood, earthquake, pandemic, unavailability of telecommunications and internet service due to general unavailability of telecommunication or internet service provider’s systems or other catastrophic event beyond the reasonable control of the Company.
  • The Memphis.dev Cloud was unavailable due to planned maintenance, provided that the Company provides the Customer at least three (3) days advance notice (via email) that the Memphis.dev Cloud shall be unavailable due to maintenance and/or upgrading.
  • The Memphis.dev Cloud was unavailable due to (a) resulted from Customer’s Memphis.dev Cloud, network or hardware or third party, network Memphis.dev Cloud or hardware, or both; (b) resulted from abuses or other behaviors that violate the Agreement; or (c) caused by Distributed Denial of Service (DDoS) attacks and/or other unlawful activity.

5. Service Level Credits

As a remedy for Service Unavailability, the Company shall credit Customer’s account with the applicable percentage as set forth in the following table of the invoiced amount for the next billing cycle (“Credit”):

Services Uptime Percentage Credit
99.9% or greater 0%
98% to < 99.9% 5%
95% to < 97.9% 10%
90% to < 94.9% 20%
< 90% 30%
  1. The Credit shall be calculated by multiplying the applicable credit percentage as shown in the table above (the “Credit Percentage”), by the fees payable by Customer to the Company, in the monthly timeframe, in which the Credit is processed.
  2. The Company will apply a Credit only against Customer’s actual payments otherwise due from Customer under the Agreement. A Credit will not entitle Customer to any refund by the Company.
  3. To receive a Credit, Customer shall submit a Credit request to the Company within ninety (90) days following the monthly timeframe, in which the Service Unavailability occurred. Customer’s failure to provide the request and other information that is essential to determine the scope of the Service Unavailability, set forth above, within ninety (90) days of the incident will disqualify Customer from receiving a Credit.
  4. The aggregated maximum number of Credits to be issued by the Company to Customer in a single monthly timeframe will not exceed 100% of the amount due by Customer to the Company, under the Agreement, for the applicable month, and the excess amount will be forwarded to next months until credited in full or until no further payments are due (in such case any excess shall be relinquished).
  5. Notwithstanding anything elsewhere to the contrary, the award of Credits, as indicated herein and Company’s actions in accordance with Section ‎3 above, shall be Customer’s sole and exclusive remedies available for Customer for: (1) any failure by Company to meet its obligations under this SLA; and (2) any incident or error in the Memphis.dev Cloud.

6. Changes to this SLA

The Company may modify this SLA, provided the level of service will not materially decrease during the Customer’s applicable subscription term.