Section 01
Agreement Overview
This Service Level Agreement ("SLA") is entered into between SpamKill Inc. ("SpamKill," "we," "us," or "our"), a company incorporated under the laws of British Columbia, Canada, and the Customer identified in the applicable Order Form or subscription agreement ("Customer," "you," or "your").
This SLA describes SpamKill's service availability commitments, the method by which availability is measured, and the remedies available to Customer in the event those commitments are not met. This SLA is incorporated into and forms part of SpamKill's Terms of Service, which together constitute the complete agreement between the parties regarding the Service.
This SLA applies exclusively to customers on Professional and Enterprise plans. Customers on Starter plans, free tiers, or trial accounts are not entitled to the remedies described herein.
Section 02
Definitions
"Service"
The SpamKill core form protection platform, including the protection proxy, form transformation service, behavioral analysis engine, and associated dashboard, as made available to Customer under a paid subscription.
"Downtime"
Any period during a calendar month in which the Service is wholly unavailable or non-functional for all users, as confirmed by SpamKill's monitoring systems or the status page at status.spamkill.co. Degraded performance that does not result in complete unavailability does not constitute Downtime.
"Monthly Uptime %"
The percentage of total minutes in a calendar month during which the Service was available, excluding Excluded Downtime as defined in Section 6.
"Excluded Downtime"
Periods of unavailability that do not count toward Downtime as set out in Section 6 of this SLA.
"Monthly Fees"
The recurring subscription fees paid by Customer for the Service in the affected calendar month, excluding setup fees, one-time charges, overage charges, and any taxes.
"Service Credit"
A monetary credit applied to Customer's account for future use against Monthly Fees, issued as a remedy for verified SLA breaches in accordance with Section 7.
"Maintenance Window"
A pre-announced period during which SpamKill may temporarily suspend the Service to perform upgrades, repairs, or infrastructure changes, as described in Section 5.
Section 03
Service Availability Commitment
Max allowable downtime / month
43.8 minutes
Max allowable downtime / week
10.1 minutes
Max allowable downtime / year
8.76 hours
SpamKill commits to a Monthly Uptime Percentage of at least 99.9% in any given calendar month ("Availability Commitment"). In the event the Service fails to meet this Availability Commitment in a given month, Customer will be entitled to a Service Credit or Account Extension as set out in Section 7, subject to the limitations and exclusions contained herein.
Real-time and historical availability data for the Service is published at status.spamkill.co. SpamKill encourages all Customers to subscribe to status page notifications to receive immediate notice of incidents and resolutions.
Section 04
Uptime Calculation
Monthly Uptime Percentage is calculated on a per-calendar-month basis using the following formula:
Downtime is measured from the time SpamKill's internal monitoring systems or the status page first record the Service as unavailable, to the time the Service is restored and confirmed operational. Customer-reported incidents that cannot be independently verified through SpamKill's monitoring infrastructure will not be credited unless SpamKill is able to confirm the incident through its own systems.
Note on measurement: SpamKill measures availability at the platform level. Individual form submissions that are declined or delayed due to spam scoring, legitimate bot detection, or client-side JavaScript errors on Customer's website do not constitute Service unavailability and are not counted as Downtime.
Section 05
Scheduled Maintenance
SpamKill reserves the right to perform scheduled maintenance on the Service infrastructure. Maintenance periods are not counted as Downtime and do not qualify for Service Credits, provided the following conditions are met:
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Advance Notice: Customer receives at least 72 hours' notice via email and/or the status page prior to the start of the maintenance window.
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Off-Peak Scheduling: Maintenance is scheduled during off-peak hours to the extent practicable, typically between 02:00–06:00 UTC on weekdays.
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Duration Limits: Each maintenance window does not exceed four (4) consecutive hours. If a maintenance window extends beyond four hours, the excess time may be treated as Downtime for calculation purposes.
Emergency maintenance required to address active security incidents, data integrity risks, or critical vulnerabilities may be performed without advance notice. SpamKill will provide retroactive notice and a post-incident summary within 24 hours of resolution.
Section 06
Exclusions
The following circumstances are explicitly excluded from Downtime calculations and do not entitle Customer to Service Credits or Account Extensions under this SLA:
6.1 Third-Party Provider Failures
- Infrastructure providers: Outages, degradation, or service interruptions attributable to third-party infrastructure providers, including but not limited to Amazon Web Services (AWS), Cloudflare, and other hosting, CDN, or network providers, where such failures are outside SpamKill's reasonable control.
- DNS providers: Failures of domain name resolution services not operated by SpamKill.
- Internet connectivity: Failures of internet backbone providers, peering agreements, or transmission networks between SpamKill's infrastructure and Customer's end users.
6.2 Force Majeure
- Events beyond reasonable control: Service unavailability caused by acts of God, natural disasters, war, terrorism, government actions, labor disputes, widespread internet outages, or any other circumstance beyond SpamKill's reasonable control and not reasonably foreseeable at the time of this Agreement.
6.3 Customer-Caused Incidents
- Misuse or misconfiguration: Unavailability arising from Customer's misuse of the Service, incorrect implementation, unauthorized modifications to SpamKill-provided code or scripts, or actions taken by Customer that violate the Terms of Service.
- Rate limit breaches: Service degradation caused by Customer exceeding plan-level rate limits, submission volume thresholds, or API quotas without prior arrangement.
- Third-party integrations: Failures arising from Customer's use of third-party integrations, plugins, or services not provided by SpamKill, even if those integrations interact with the Service.
6.4 Scheduled Maintenance
- Planned maintenance windows: Unavailability occurring during Maintenance Windows communicated in accordance with Section 5, subject to the duration limits set out therein.
Important: SpamKill will make reasonable efforts to minimize the impact of third-party provider failures and will communicate transparently through the status page during any incident, regardless of whether the root cause falls within an exclusion category.
Section 07
Remedies
In the event the Monthly Uptime Percentage falls below the Availability Commitment in a given calendar month, Customer will be entitled to one of the following remedies, at SpamKill's election:
7.1 Service Credits
A credit applied to Customer's account, calculated as a percentage of the Monthly Fees for the affected calendar month, in accordance with the following schedule:
| Monthly Uptime Percentage |
Downtime (approx.) |
Service Credit |
| < 99.9% but ≥ 99.0% |
43 min – 7.2 hrs |
10% of Monthly Fees |
| < 99.0% but ≥ 95.0% |
7.2 hrs – 36.5 hrs |
25% of Monthly Fees |
| < 95.0% |
36.5+ hrs |
50% of Monthly Fees |
Service Credits are applied to the Customer's account and may be used against future Monthly Fees for the Service. Credits are non-transferable, have no cash value, and will not be refunded.
7.2 Account Extension
In lieu of a monetary Service Credit, SpamKill may, at its election, extend Customer's subscription term by a period proportionate to the verified Downtime. Account Extensions will be applied to the current subscription term and will be confirmed in writing.
7.3 Sole Remedy
The Service Credits and Account Extensions described in this Section 7 constitute Customer's sole and exclusive remedy for any failure by SpamKill to meet the Availability Commitment. SpamKill's aggregate liability for SLA breaches in any calendar month shall not exceed 50% of the Monthly Fees paid by Customer for that month.
Section 08
Credit Request Process
Service Credits are not issued automatically. Customer must submit a credit request by following the process below:
- Submit within 30 days. Customer must submit a written credit request to [email protected] within thirty (30) calendar days of the end of the calendar month in which the alleged Downtime occurred. Requests submitted after this deadline will not be considered.
- Include required information. The request must include: (a) the Customer's account name and email address on file; (b) the dates and times of the alleged Downtime; (c) a description of how the Customer was affected; and (d) any supporting documentation, including logs, screenshots, or error messages.
- SpamKill review. SpamKill will review the request and cross-reference against internal monitoring data and the status page. SpamKill will respond within ten (10) business days with a determination.
- Approval or denial. If the credit request is approved, the Service Credit will be applied to Customer's account within one (1) billing cycle. If denied, SpamKill will provide a written explanation. Customer may dispute the denial by escalating to [email protected] within fifteen (15) days of denial.
Tip: Subscribing to incident notifications at
status.spamkill.co will give you a timestamped record of all incidents to support any future credit request.
Section 09
Credit Limitations
The following limitations apply to all Service Credits and Account Extensions issued under this SLA:
- Monthly cap: The total Service Credits issued to a Customer in any single calendar month shall not exceed 50% of the Monthly Fees paid by that Customer for that month.
- No stacking: Service Credits issued for the same Downtime event will not be duplicated. Where a single incident spans multiple categories in the credit table, the highest applicable credit tier shall apply.
- Active accounts only: Service Credits may only be applied to active, paid subscriptions. Credits issued to an account that subsequently cancels will be forfeited and will not be refunded in cash.
- No cash value: Service Credits and Account Extensions have no cash value and cannot be redeemed for cash, transferred to another account, or applied against fees other than Monthly Fees for the Service.
- Good standing required: Customer must be in good standing (no outstanding overdue invoices) at the time of credit application. Credits will not be applied to accounts with overdue balances.
Section 10
General Provisions
10.1 Modifications
SpamKill reserves the right to modify this SLA at any time. Changes will be communicated via email and posted to the SpamKill website at least 30 days prior to taking effect. Continued use of the Service after the effective date of any modification constitutes acceptance of the revised SLA. If Customer objects to a material modification, Customer may terminate the Service for cause in accordance with the Terms of Service.
10.2 Precedence
In the event of any conflict between this SLA and any other agreement between the parties, including the Terms of Service or an enterprise Order Form, the terms of the enterprise Order Form shall govern with respect to service level commitments, provided that such Order Form explicitly supersedes this SLA.
10.3 Governing Law
This SLA is governed by the laws of the Province of British Columbia and the applicable laws of Canada. Any disputes arising under this SLA shall be subject to the exclusive jurisdiction of the courts of British Columbia.
10.4 Entire Agreement
This SLA, together with SpamKill's Terms of Service and any applicable Order Form, constitutes the entire agreement between the parties with respect to service availability and credit remedies, and supersedes all prior representations or understandings relating to the subject matter herein.
10.5 No Waiver
SpamKill's failure to enforce any provision of this SLA in a given instance shall not constitute a waiver of its right to enforce that provision in the future.
Section 11
Contact & Resources
For questions relating to this SLA, credit requests, or service incidents, please use the following contacts:
SpamKill Inc. · 555 W Hastings St #1200, Vancouver, BC V6B 4N6, Canada