Service Level Agreement

1. Introduction

WHASOLS (SMC-PRIVATE) Limited ("WHASOLS," "we," "us," "our") is committed to delivering reliable, high-quality web services and APIs through WhaShield. Consistent access to the Service is a top priority, which is why we make availability and performance commitments in this Service Level Agreement ("SLA"). This SLA sets out the rights and remedies available to you regarding the availability of WhaShield's network and services, and clarifies the general expectations of our working relationship.

2. Service Coverage Definitions

This SLA applies to you ("Customer") if you have subscribed to and paid for a commercial WhaShield web service or API (the "Services") and your account is in good standing (not past due). This SLA does not apply to accounts on free plans.

"Service Availability" means the percentage of a given calendar month — based on 24-hour days across that month — during which the Customer is able to access the Services, as measured by WHASOLS.

3. Service Levels & Credits

Goal: WHASOLS targets 99.99% Service Availability for all Customers.

Remedy: Subject to the exceptions in Section 4, if a Customer's Service Availability falls below 100% in a given month, WHASOLS will issue a credit — in the form of additional API queries — calculated against that month's service charge for the affected Services, according to the following schedule:

4. Service Availability Exceptions

No credit is due under this SLA for any loss of Service Availability caused by or associated with:

• circumstances beyond WHASOLS's reasonable control — including government action, war, insurrection, sabotage, armed conflict, embargo, fire, flood, labor disputes, transportation delays, third-party telecommunications or service failures, virus or hacking attacks, third-party software failures (e.g., e-commerce platforms, payment gateways, chat or analytics scripts), or shortages of materials, supplies, power, or equipment;
• failure of access circuits to WhaShield, unless caused solely by WHASOLS;
• scheduled or emergency maintenance and upgrades;
• DNS propagation or other DNS issues outside WHASOLS's direct control;
• issues originating in the Customer's own shopping-cart platform or software;
• false SLA breaches resulting from outages or errors in any WHASOLS measurement system;
• the Customer's own acts or omissions (or those of parties the Customer engages or authorizes), including custom scripting or code (CGI, Perl, HTML, ASP, etc.), negligence, willful misconduct, or use of the Services in breach of WHASOLS's Terms of Service or Acceptable Use Policy;
• email or webmail delivery and transmission issues; or
• outages elsewhere on the internet that hinder access to your account. WHASOLS is not responsible for browser or DNS caching that may make your integration appear inaccessible when it remains reachable to others; WHASOLS guarantees only those areas within its direct control.

5. Requesting a Credit

To request a credit, email our support team. Each request must include the Customer's name, account email address, and the specific dates and times the Service was unavailable, and must reach WHASOLS within ten (10) business days of the outage. If WHASOLS confirms the unavailability, the credit will be applied in the next monthly billing cycle following receipt of the request. Credits are non-refundable and may only be applied toward future billing charges.

6. Charges, Payments & Disputes

Unless stated otherwise in our Terms of Service, WHASOLS invoices for the Services monthly in advance, and payment is due upon receipt. Services suspended for non-payment may be subject to a reinstatement fee before restoration.

Each invoice is deemed correct and final unless disputed in writing — identifying the specific disputed charges — within 30 days of issuance. Undisputed amounts remain due by the original due date regardless of any pending dispute. Amounts WHASOLS determines to be in error will be credited on a subsequent invoice, limited to the original invoiced value and capped at 90 days of the disputed charge; we do not research disputes going back more than 90 days from the date of your notice. Any disputed amount WHASOLS reasonably confirms as correct becomes due and payable upon notice of that determination.

7. Cancellation of Services

Cancellations must be submitted by the Customer through the WhaShield customer dashboard. Customers remain liable for normal monthly fees until the Service is properly canceled or downgraded through that process.

8. Additional Information

Account credits are non-refundable and may only be applied toward future billing charges.

Individual Customers or Services may be subject to additional or alternate terms set out in a signed Service Contract Agreement entered into at the start of service. Where such an agreement exists, its terms govern over this SLA only to the extent they conflict; this SLA continues to apply in all other respects. This SLA applies to all Customers except where a signed Service Contract Agreement expressly states otherwise.