Service Level Agreement

About this SLA

This Service Level Agreement ("SLA") forms part of the Terms of Service between Kapsule Group Limited ("Kapsule Cloud", "we", "us", "our") and you ("Customer", "you"). It sets out the availability, performance, and support standards we commit to in providing the Services, and the service credits available where we do not meet them.

Capitalised terms used but not defined in this SLA have the meanings given in the Terms of Service.

1. Scope

1.1 This SLA applies to the production Services on each paid Plan. It does not apply to: (a) Beta Services or any feature explicitly marked beta, preview, alpha, pilot, or experimental; (b) free Trials, including the Cloud Start free Trial (although we use commercially reasonable efforts to provide availability during Trials); (c) the marketing site at kapsulecloud.com, our blog, our status page, or any other non-production website; (d) APIs, integrations, and features explicitly labelled "not covered by the SLA"; or (e) any aspect of the Services where the unavailability is caused by factors set out in clause 4.

2. Availability targets

2.1 "Uptime" is the percentage of total minutes in a calendar month during which the core hosting Service for the relevant Plan is available to receive requests from the public internet, calculated by our monitoring systems.

2.2 Monthly Uptime targets by Plan: Cloud Start 99.9%; Cloud Pro 99.9%; Cloud Scale 99.9%; Cloud Power 99.95%.

2.3 99.9% Uptime in a month with 30 days means up to approximately 43.2 minutes of allowed Downtime; 99.95% means up to approximately 21.6 minutes.

3. Email and domain Services

3.1 Email availability. For paid email hosting included with a Plan, we target the same Uptime as the underlying Plan in clause 2.2. Service credits for email-specific Downtime are calculated as a proportion of the email-attributable portion of your monthly Fee.

3.2 Domain DNS resolution. Where we operate authoritative DNS for your domain, we target 99.99% monthly DNS resolution. DNS Downtime is measured separately from hosting Downtime and is subject to a separate service credit calculation if you request one.

3.3 Domain registration and management. The act of registering, renewing, transferring, or modifying a domain is dependent on the Registry and is not covered by this SLA.

4. Exclusions

4.1 The following do not count as Downtime and are excluded from this SLA: (a) scheduled maintenance announced at least 48 hours in advance; (b) emergency maintenance required to address a security, stability, or legal issue, where we use commercially reasonable efforts to give notice; (c) Downtime caused by your code, configuration, content, or third-party software you have installed; (d) Downtime caused by you exceeding the resource limits of your Plan, fair use, or the AUP; (e) Downtime caused by your domain registrar, DNS configured outside our authoritative DNS, content delivery network configured outside our infrastructure, or any other component outside our control; (f) Downtime affecting Beta Services or features explicitly marked as not covered by the SLA; (g) Downtime caused by a Force Majeure Event; (h) Downtime that occurs while your Account is suspended for breach of the Terms of Service, AUP, or for non-payment; (i) intermittent unreachability caused by your visitor's local network, ISP, or device; (j) Downtime caused by upstream provider outages where we use commercially reasonable efforts to mitigate; (k) periods during which our monitoring was itself impaired and Downtime cannot be substantiated; (l) Downtime of less than two consecutive minutes (excluded by way of de minimis); or (m) Downtime claimed without sufficient evidence, where our own monitoring records show no corresponding incident.

5. Service credits

5.1 If Uptime in a calendar month falls below the target in clause 2.2, you are entitled to the following service credit on your next invoice for the affected Service: below the target but at or above 99.0%, 10% of the monthly Fee; below 99.0% but at or above 95.0%, 25% of the monthly Fee; below 95.0%, 50% of the monthly Fee.

5.2 Maximum credit. Total service credits in any calendar month are capped at fifty percent (50%) of the monthly Fee for the affected Service.

5.3 Sole remedy. Service credits are your sole and exclusive remedy for failure to meet the SLA, except where another remedy is required by law (including under the Consumer Guarantees Act 1993 where you are a consumer).

5.4 Application of credits. Service credits are applied to your next invoice for the affected Service. They are not paid as cash, are not transferable between Accounts or Services, and do not roll over more than three consecutive months. Where your Account is terminated before the credit is applied, the credit is forfeited unless cash payment is required by law.

6. How to claim

6.1 To claim a service credit, you must: (a) open a billing ticket in KPanel within thirty (30) days of the end of the calendar month in which the Downtime occurred; (b) include the dates, times (UTC or NZT), and approximate duration of the Downtime you observed; and (c) provide reasonable evidence of the Downtime where you can (for example, third-party monitoring logs, error messages, or URLs affected).

6.2 We will review your claim against our internal monitoring records and respond within ten (10) business days. If approved, the credit will be applied to your next invoice.

6.3 We may decline a claim where: (a) it is submitted after the 30-day window; (b) the Downtime is excluded under clause 4; (c) our records show no corresponding incident; (d) the Account is in breach of the Terms of Service or AUP at the time of the Downtime; or (e) the Account has Fees outstanding for more than fourteen days.

7. Support response targets

7.1 We provide customer support through KPanel tickets and at [email protected]. Response targets are based on issue severity and your Plan.

S1 (Critical), Service is wholly unavailable for production use: Cloud Power 1 hour, 24x7. All other Plans: 4 hours, business hours.

S2 (High), Material loss of functionality for production use: Cloud Power 4 hours, 24x7. All other Plans: 1 business day.

S3 (Normal), General issue or question affecting use: Cloud Power 1 business day. All other Plans: 2 business days.

S4 (Low), Feature request, "how do I" question, or cosmetic issue: best effort within 5 business days.

7.2 "Business hours" means 09:00 to 18:00 New Zealand Time, Monday to Friday, excluding New Zealand public holidays.

7.3 Kora (our AI assistant) is available 24x7 in KPanel and at [email protected] to handle initial triage and to answer routine questions. Kora responses are not "first response" for the purpose of the targets above unless they resolve your issue.

7.4 Response targets are aspirational and do not give rise to service credits, except where required by law.

8. Backup and restore service standards

8.1 We perform daily encrypted off-site backups of customer site data and email data as set out in clause 11 of the Terms of Service and the Security Statement.

8.2 Restore requests will be triaged in accordance with the support response targets in clause 7. Time-to-restore depends on the size of the data, the complexity of the request, and the load on the backup system at the time. We do not commit to a fixed time-to-restore.

8.3 We may charge a reasonable fee for restore requests caused by your error (for example, accidental file deletion outside the 30-day retention window). Restore requests required because of our error are at no additional charge.

9. Status page and incident communication

9.1 Our public status page is at status.kapsulecloud.com. It shows current incidents, historic uptime, and scheduled maintenance.

9.2 You can subscribe to status page alerts to receive notification of incidents, maintenance, and resolution by email or RSS.

9.3 We will publish an incident on the status page as soon as practicable after it is confirmed by our on-call team. Updates are posted at reasonable intervals (typically every 30 to 60 minutes for active incidents) until resolution.

9.4 For major incidents (those resulting in Downtime materially affecting many customers), we will publish a post-incident review within ten business days of resolution, including root-cause analysis and remediation steps.

10. Scheduled maintenance windows

10.1 Routine maintenance is performed during low-traffic windows for the NZ region, typically Sunday 02:00 to 06:00 NZT. Maintenance is announced on the status page in advance and, where reasonably practicable, by email.

10.2 We may perform emergency maintenance with little or no notice where required to address a security, stability, or legal issue. Such maintenance is excluded from Downtime under clause 4.

11. Changes

11.1 We may update this SLA from time to time. Material changes will be notified by email or KPanel notice at least thirty days before they take effect.

11.2 Material changes that reduce the availability targets do not apply to active annual prepaid subscriptions until the next renewal.

12. Contact

Kapsule Group Limited, Christchurch, New Zealand.

Support: [email protected]

Billing and SLA claims: [email protected]

Status page: status.kapsulecloud.com