Affinity NucleusLinks Merchant Server - Service Level Agreement

Effective Date: 1^st November 2022
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We understand the necessity of high availability of information to our Customers and make every commercially reasonable effort to provide services that consistently exceed Customer expectations. The following is a summary of Service Level Agreement (SLA) that Affinity offers to its “NucleusLinks Merchant Server” Customers to ensure maximum availability and performance. Please contact Customer Support for additional information and terms regarding our SLAs.

Service Level Commitment

For the purpose of this SLA, Affinity provides an Uptime Commitment for the Customers of NucleusLinks Merchant Server as our “Affinity NucleusLinks Merchant Server-Service Level Agreement (SLA)”. If we fall short of our Uptime Commitment, we’ll apply a Service Credit to your account against future payments.

SLA Definition

All definitions listed below are terms used to explain SLA definitions and other capitalized terms are defined as part of the applicable Customer agreement with Affinity.

“Available or Availability” means when the Customer is able to access Affinity products for the Covered Services. Affinity calculates availability using server monitoring software to measure the server side error rate, ping test results, web server tests, TCP port tests and website tests.
“Calendar Month” means the Calendar Month to which this SLA applies and for which Monthly Uptime Percentage is being calculated.
“Covered Service” for purposes of this SLA specifically means, collectively any or all of the following that Customer has signed agreement for NucleusLinks Merchant Server service:
1. Smart Redirects,
2. Smart Buttons,
3. Analytics
“Downtime” means the overall number of minutes during the Calendar Month when the Covered Service is not Available to the Customer, except any Excluded Minutes as outlined below.
“Excluded Minutes” means the minutes that the Covered Service is not Available caused by one or more of the following:
1. Acts or omissions of Customer, its agents, employees, or contractors, or acts or modifications as directed or authorized by Customer, or breach of the terms of the Agreement that apply to the Covered Services;
2. Issues that are related to any external factors linked with Merchant and/or Demand Partner; the issues which are beyond Affinity’s control. For example, Report processing lag due to data not provided by Demand Partners, or link redirection issues due to any Demand Partners.
3. Any products or features identified as pilot, alpha, beta or other similar terminology.
4. External network or equipment problems outside Affinity’s reasonable control, such as bad routing tables between Customer’s users, and their internet service providers (ISPs), and Affinity servers.
5. Slowness or other performance issues with any features on the NucleusLinks Dashboard (Analytics) or any Scheduled Downtime on the Dashboard.
6. Scheduled Downtime on Smart Redirects or Smart Buttons Server for maintenance.
“Monthly Uptime Percentage” means 100% minus the percentage of Downtime minutes out of the Total Monthly Time in the relevant Calendar Month. Affinity’s logging and monitoring infrastructure is the source of truth for determining Monthly Uptime Percentage, errors and Service Level Commitment. All Calendar Months will be measured in the Pacific Time Zone (PST).
Monthly Uptime Percentage = (A-B) / A

A = Total Monthly Time
B = Downtime

“Scheduled Downtime” means the time required for Affinity to perform maintenance to keep its applications working smoothly. If Scheduled Downtime is necessary, Customer will be given at least 48 hours advance notice.
“Service Credit” means the credit that will be issued to an eligible Customer account. Customer can request Service Credit by reviewing the below Section titled “SLA Credits” and understand the terms and conditions.
“Total Monthly Time” means the total number of minutes in the applicable Calendar Month to which this SLA applies and for which Monthly Uptime Percentage is being calculated.
“Uptime Commitment” is to maintain at least 99.0% Monthly Uptime Percentage.

SLA Credits

Service Credit is not a refund, cannot be exchanged for a cash amount, is non-transferable, requires the Customer to have paid any and all outstanding invoices, and expires upon termination of Customer agreement.
Service Credit will be provided based on Monthly Uptime Percentage and the below Service Credit Chart. The aggregate maximum Service Credit applied to an invoice will not exceed 100% of the amount invoiced for the affected Calendar Month.
Service Credit Chart

Monthly Uptime Percentage	Service Credit % for Claimed Month
>= 98.5% but < 99.0%	25%
>= 97.5% but < 98.5%	50%
>= 95.0% but < 97.5%	75%
< 95.0%	100%

If Affinity confirms there is a failure to meet the Service Level Commitment in a particular Calendar Month and Customer makes a request for Service Credit within fifteen (15) days after the end of such Calendar Month, Customer will be entitled to a Service Credit based on the monthly fees invoiced for the affected Calendar Month in which it has experienced such a failure and for which it has an active subscription plan. Affinity reserves the right to deny a Service Credit if Customer does not qualify for one.
To receive a Service Credit, Customer must submit a ticket with all the fields fully and accurately completed, and provide any other reasonably requested information or documentation to support the query. How to connect with Customer Support can be found in the Customer Support section below.
Service Credit Request must include:
1. The Customer Property name; and
2. The dates, times and affected service of each unavailability incident that Customer is claiming; and
3. Request logs that document the errors and corroborate Customer’s claimed outage. (Please replace any confidential or sensitive information with asterisks).
Please note Downtime does not affect all Customers at the same time or in the same way. For example, some accounts may receive Service Credit during an outage, while other accounts for various other reasons, may not have any Downtime during the same period, and will not receive any Service Credit.
Service Credit Exclusions:
1. Customer will not be entitled to a Service Credit if it is in breach of the Terms of the agreement.
2. Service Level Commitment will not include unavailability to the extent due to:
  1. Customer’s failure to adhere to Affinity’s documented recommendations and implementation guidelines for the Covered Service;
  2. Force majeure events or other factors outside Affinity’s reasonable control, including, without limitation, Internet access or related problems;
  3. Performance issues with Consumer Property; and
  4. All exclusions defined in the Excluded Minutes for calculating the Downtime.

Entire SLA Liability:

The Service Credit set forth in this SLA are Affinity’s sole and entire liability to Customer, and Customer’s sole and exclusive remedy, for Affinity’s failure to meet the obligations defined in the Service Level Commitment under this SLA.

SLA Updates:

As our business evolves, we may change our service level agreement. Customers can review the most current version of the SLA at any time by visiting this page: here

Customer Support:

- You can send support tickets to our official support email-ID: support@nucleuslinks.ai

- Our support teams will respond back to you within 48 hours.

- Our support teams are operating on Business Working Days (Monday through Friday) between 12 Noon to 10 PM India Time (IST).

- The list of Non Business Working days can be found here