SpendGuard™ Service Level Agreement

Last Updated: 6 May 2025

1. Purpose

This SLA describes the service levels for SpendGuard™ and remedies available to you if we fail to meet them.

2. Definitions

  • “Uptime”
    The percentage of total elapsed minutes in the month during which the Service is fully accessible, as measured by both our internal monitoring and a recognised third-party uptime service (e.g. Pingdom).

  • “Business Day”
    Any day other than a Saturday, Sunday or New Zealand public holiday.

  • “Maintenance Window”
    A scheduled block of time (outside Business Hours) reserved for maintenance—defined in Section 8.

  • “Downtime”
    Any minute during which the Service is unavailable for all users, excluding Maintenance Windows and Force Majeure events.

3. Service Availability

  • Commitment: 99.9% uptime per calendar month.

  • Measurement: Calculated as 1–(Downtime/Totalminutesinthemonth) × 100%.

4. Support & Response Times

Critical Incident

  • Definition: Complete Service inaccessibility or a confirmed security breach affecting all users.

  • Support Hours: 24/7 via dedicated hotline and support@constantcontrol.co.nz.

  • Response Target: Within 2 hours of receiving a complete incident report (timer pauses until all required information and access credentials are provided).

  • Resolution Target: Within 8 hours of response (excluding time spent awaiting customer-supplied information).

  • Escalation: Automatically escalates to the Engineering Director if not resolved within the resolution target.

    High Severity

  • Definition: Significant functionality loss impacting key features or a single critical user group.

  • Support Hours: Business Hours: 9 am–5 pm NZST, Monday–Friday (excluding public holidays).

  • Response Target: Within 8 business hours of ticket creation in the portal.

  • Resolution Target: Within 3 business days of response.

  • Escalation: If unresolved after resolution target, escalates to the Head of Customer Success.

    Normal Severity

  • Definition: Minor issues, general questions, or “how-to” requests not preventing Service use.

  • Support Hours: Business Hours only.

  • Response Target: Within 2 business days of ticket creation.

  • Resolution Target: Within 5 business days of response.

    Customer Obligations

  • Tickets must be logged via our support portal with all relevant logs, screenshots, replication steps, and access credentials.

  • Timers for both response and resolution targets pause until the customer has provided requested information.

  • If customer-requested changes extend beyond standard configuration (e.g. custom code fixes), resolution targets do not apply to that work.

    General Limitations

  • Targets exclude root-cause analysis, full regression testing, or integration-level code changes.

  • We reserve the right to reclassify ticket severity based on our internal assessment.

  • Support is provided on a “best effort” basis for issues outside SpendGuard™’s core functionality (e.g. third-party integrations).

5. Service Monitoring & Reporting

  • Continuous Monitoring: 24×7 automated checks on all production endpoints, performance metrics, and error rates.

  • Monthly Reporting:

    • On request, detailed drill-down reports (logs, incident timelines, root-cause summaries) will be delivered within 2 Business Days.

  • Incident Summaries: For any Critical Incident, you’ll receive a preliminary incident report within 4 hours of resolution and a full post-mortem within 5 Business Days.

6. Service Credits & Remedies

  • Availability Credit Tiers:

    • If monthly uptime falls below 99.9% but is at least 99.0%, you receive a credit of 5% of that month’s fees.

    • If monthly uptime falls below 99.0% but is at least 95.0%, you receive a credit of 10% of that month’s fees.

    • If monthly uptime falls below 95.0%, you receive a credit of 20% of that month’s fees.

  • Automatic Application:
    We will automatically apply any earned service credits against your next invoice within 30 days of the end of the affected month—no customer claim required.

  • Termination Right:
    If we fail to meet the 99.9% availability commitment for three consecutive months, you may terminate your subscription on 30 days’ written notice.

  • Sole Remedy:
    Service credits are your sole and exclusive remedy for any SLA failures.

  • Dispute Procedure:
    If you believe an error has been made in calculating your service credits, you must notify us at support@constantcontrol.co.nz within 30 days of the credit being applied.

7. Exclusions

The Service Levels and Remedies in this SLA do not apply to any performance degradation or Downtime resulting from (without limitation):

  • Scheduled Maintenance: as defined in Section 8, provided we have given at least 72 hours’ prior notice via our status page or email.

  • Customer Misuse or Misconfiguration: any error, omission or breach of the Acceptable Use or User Obligations in the TOS (including installation of unauthorised integrations, failure to apply recommended patches or configuration changes).

  • Third-Party Failures: interruptions or performance issues in networks, internet connectivity, DNS providers, hosting infrastructure or APIs not directly under our control.

  • Force Majeure: events outside our reasonable control, including acts of God, war, terrorism, strikes, civil unrest, government action, cybersecurity attacks, pandemics or natural disasters.

  • Emergency Security Maintenance: urgent maintenance required to address critical security vulnerabilities or protect data integrity, even if performed without the full 72-hour notice period.

  • Beta or Preview Features: functionality we label as “beta,” “preview” or otherwise not yet generally available, unless explicitly covered in an addendum.

8. Scheduled Maintenance

  • Quarterly Allocation: Up to 16 hours of Maintenance per calendar quarter.

  • Timing:

    • All Maintenance Windows occur outside Business Hours (i.e., between 6 pm and 6 am NZT).

    • We will never schedule maintenance during the last Business Day of any month (to protect your billing/reporting cycles).

  • Notice & Transparency:

    • At least 72 hours’ advance notice via email and our status dashboard.

    • If we exceed the 16-hour quarterly cap, you automatically receive a service credit equal to 1% of that quarter’s fees for each additional hour of Maintenance.

9. Review & Amendment

We may amend this SLA at any time by giving you at least 30 days’ written notice. All changes will apply prospectively from the effective date of the amendment.

10. Contact

If you have any questions about this SLA Terms, please contact us at:
Email: legal@constantcontrol.co.nz

Thank you for choosing SpendGuard™.