Service Level Agreement
Schedule 1 to the Terms of Service
1. STATUS OF THIS SCHEDULE.
1.1. This Service Level Agreement ("SLA") is Schedule 1 to, and forms part of, the PostLever Terms of Service (the "TOS"). Capitalised terms used and not defined in this SLA have the meaning given to them in the TOS.
1.2. This SLA is not a standalone agreement. The limitations on liability in Section 12 of the TOS, the Australian Consumer Law provisions in Section 7.5 of the TOS, and the governing law and jurisdiction provisions in Section 14.5 of the TOS apply to this SLA as though set out in it.
1.3. This SLA expressly prevails over the body of the TOS on the availability commitment, the service credits, and the maintenance commitments, and to that extent a conflict between this SLA and the body of the TOS is resolved in favour of this SLA. On every other matter the body of the TOS prevails. The order of precedence in the preamble to the TOS is otherwise unaffected, and the AUP prevails over this SLA. The exception in this Section does not reach Section 7.5 of the TOS, Section 12 of the TOS, or Section 4 of and Addendum A to the TOS, and nothing in this SLA may be read as varying any of them.
1.4. Nothing in this SLA excludes, restricts, or modifies any guarantee, right, or remedy conferred on Customer by the Australian Consumer Law or any other law that cannot lawfully be excluded. The service credits in Section 4 are Customer's sole contractual remedy for a failure to meet an availability commitment stated in this SLA, and they do not limit any remedy Customer has under Section 7.5 of the TOS.
1.5. Documentation describes PostLever's own operating practice. It does not create, vary, or extend any obligation of Customer, and it does not create, vary, or extend any commitment PostLever gives in this SLA. Customer's obligations on conduct are the standard in the AUP.
2. WHAT THIS SLA COVERS.
2.1. This SLA applies to the PostLever Platform: the orchestration and campaign management application PostLever makes available to Customer, together with the platform edge that serves Customer's friendly-from domains, unsubscribe landing pages, and click tracking.
2.2. This SLA does not apply to, and PostLever gives no availability, deliverability, or performance commitment in respect of:
- Customer's own sending infrastructure. Transport is bring-your-own under Section 2.2 of the TOS: Customer supplies, configures, controls, and pays for its own sending infrastructure (ESP or MTA), and connects its own suppression sources. Every Campaign is transmitted through sending infrastructure that Customer supplies and controls, and Customer determines the content of every Campaign and the audience to which it is directed. PostLever does not operate shared sending infrastructure and owns no suppression network.
- Any suppression source Customer connects, including its availability, completeness, accuracy, and currency.
- Any third-party service Customer connects to the PostLever Platform, including conversion tracking platforms.
- Deliverability outcomes, inbox placement, open rates, click rates, or conversion rates, none of which PostLever controls.
2.3. Domains, IP addresses, and reputation. Sender reputation is Customer's own asset and Customer's own responsibility, which is the consequence of bring-your-own transport. PostLever is not responsible for a domain or IP address of Customer's being added to an industry blocklist, for a deliverability outcome arising from Customer's sending practices or list quality, or for any other matter outside PostLever's reasonable control. Where a domain is served by the PostLever platform edge, PostLever's commitment is limited to the availability of that edge under Section 3 and to PostLever's periodic verification of the DNS records for that domain.
3. AVAILABILITY.
3.1. PostLever does not currently offer a committed availability target for the PostLever Platform. PostLever will publish one, and will amend this Schedule under the Changes to this Agreement clause of the TOS, once it has measured actual availability over a sustained period.
3.2. "Monthly Uptime Percentage" means the total minutes in a calendar month, minus the minutes of Unplanned Downtime in that month, divided by the total minutes in that month, expressed as a percentage. "Unplanned Downtime" means any period during which the PostLever Platform is materially unavailable to Customer, excluding the matters in Section 3.3.
3.3. The following are excluded from Unplanned Downtime:
- Planned maintenance carried out in accordance with Section 6, up to two (2) occasions in a calendar month and four (4) hours in total in that month. Planned maintenance beyond either limit is Unplanned Downtime.
- Emergency maintenance carried out in accordance with Section 6.3.
- Unavailability caused by factors outside PostLever's reasonable control, including a force majeure event within the meaning of Section 14.1 of the TOS, an act of a governmental body, war, sabotage, embargo, fire, flood, extended failure of a public utility, a failure or delay in telecommunications, or an outage of an internet service provider or other third-party service.
- Unavailability caused by Customer's equipment, software, or network connections, by Customer's own sending infrastructure or connected suppression sources, or by Customer's misuse of the PostLever Platform.
- Any period during which the Services are suspended under Section 9.3 of the TOS. Where a suspension is reversed on appeal under Section 13.4 of the AUP, the period of that suspension is treated as Unplanned Downtime, and any service credit that would have been payable for the month in question is credited to Customer as though the claim had been made and accepted under Section 4.
3.4. Availability is measured by PostLever's own monitoring, and PostLever's measurement governs in the absence of manifest error. PostLever will make available to Customer, on request in connection with a service credit claim, the monitoring records relevant to that claim, so that a claim can be assessed against evidence rather than assertion. PostLever may redact from those records other customers' data, personal information, and detail whose disclosure would compromise the security of the PostLever Platform, and may make them available subject to the confidentiality obligations in Section 11 of the TOS.
4. SERVICE CREDITS.
4.1. No service credit is payable while Section 3.1 states no availability target. Where PostLever publishes a target, this Section will state the service credit payable if it is not met.
4.2. Customer must claim a service credit in writing within sixty (60) days of the end of the month to which it relates, and must provide the information PostLever reasonably requests to verify the claim. A service credit is applied against the next invoice, or refunded if no further invoice will be issued.
4.3. A service credit is not payable for a month in which Customer's account is not in good financial standing, or in which Customer is in material breach of the TOS or the AUP. This Section does not apply where the breach in question is PostLever's failure to meet the availability commitment.
5. SUPPORT.
5.1. Customer raises a support request by submitting a ticket through the PostLever user interface or by emailing support@postlever.com. PostLever may use other channels to communicate about a widespread outage.
5.2. Support hours are 9:00am to 5:00pm Australian Eastern time on weekdays, and 9:00am to 5:00pm United States Eastern time on weekdays. Australian Eastern time is UTC+10 during Australian Eastern Standard Time and UTC+11 during Australian Eastern Daylight Time. United States Eastern time is UTC-5 during United States Eastern Standard Time and UTC-4 during United States Eastern Daylight Time. Australia and the United States change to and from daylight saving on different dates, so the offset of each window against Coordinated Universal Time (UTC), and the interval between the two windows, changes on those dates.
PostLever rosters no support outside those hours. A support request raised at a weekend may be attended to, but only on a best efforts basis, and no response target in Section 5.3 applies to it.
5.3. PostLever will use reasonable endeavours to meet the following response targets during support hours. A response target is the time within which PostLever will acknowledge the request and give an assessment, not the time within which the matter will be resolved.
| Severity | Meaning | Response target |
|---|---|---|
| 1, critical | The PostLever Platform is unavailable, or sending is stopped across the account, with no workaround. | 2 business hours |
| 2, major | A core function is materially degraded or a deployment cannot be run, with no reasonable workaround. | 4 business hours |
| 3, minor | A function is impaired but a workaround exists, or the issue affects a non-core function. | 1 business day |
| 4, general | A question, a clarification, or a feature request. | 2 business days |
5.4. While a severity 1 or severity 2 matter remains unresolved, PostLever will use reasonable endeavours to give Customer an estimate of the time to resolution and to keep Customer informed at reasonable intervals until it is resolved. PostLever gives no commitment as to the time within which a matter will be resolved.
5.5. PostLever will assign severity acting reasonably and in consultation with Customer, having regard to the actual effect on Customer's operations rather than to Customer's characterisation of it.
6. MAINTENANCE.
6.1. Customer is entitled to receive updates and upgrades to the Services it subscribes for as they are released, at no additional charge. A new product, module, or separately marketed feature is not an update or upgrade to those Services, and PostLever may make it available on separate terms and at a separate price. PostLever will not materially degrade or remove core functionality of the Services Customer subscribes for during a subscription term, except where the change is reasonably necessary to comply with applicable law, to respond to a change made by a third party on which the Services depend, or to preserve the security or integrity of the PostLever Platform.
6.2. PostLever will schedule planned maintenance to fall outside the peak sending periods of the majority of accounts. PostLever will give Customer at least seven (7) days' notice of planned maintenance expected to cause downtime, and the notice will state the window in which the maintenance will be carried out.
6.3. PostLever may carry out emergency maintenance without prior notice where it is reasonably necessary to preserve the security, integrity, or availability of the PostLever Platform. PostLever will notify Customer as soon as reasonably practicable, and will limit emergency maintenance to what is reasonably necessary in scope and duration.
7. BACKUPS AND RECOVERY.
7.1. PostLever will take backups of Customer Data as part of its own disaster recovery arrangements, will retain them for as long as that purpose requires, and will test that they can be restored. PostLever has performed a restore from backup and tested it.
7.2. Not used.
7.3. Backups are a disaster recovery measure for PostLever's own systems. They are not a substitute for the records Customer keeps under Section 7.4, and PostLever does not commit to restoring data that Customer has deleted through normal use of the PostLever Platform. Customer's export rights on termination are in Section 9.4 of the TOS.
7.4. Customer is responsible for properly configuring and using the Services, and for taking its own steps to maintain appropriate security, protection, and backup of Customer Data, including keeping its own copies of its lists, its suppression data, its Campaign content, and its reporting. PostLever's backups under Section 7.1 do not reduce that responsibility.
8. DATA HANDLING.
8.1. How PostLever handles Customer Data is governed by Sections 2 and 4 of the TOS, which state the purposes for which Customer Data may be Processed, the persons to whom it may be disclosed, PostLever's security obligations, and its obligations on a data breach, and by the PostLever Privacy Policy. Addendum A to the TOS governs Customer Data within the scope of the GDPR. This SLA states no separate data handling commitment.
8.2. Not used.
8.3. Not used.
9. PUBLICITY.
Not used. Publicity, and each party's rights in the trade marks and trade names of the other, are governed by Section 14 of the TOS.
10. PAYMENT.
Not used. Fees, billing, GST, and the consequences of non-payment are governed by Section 8 of the TOS and the Pricing Page.
11. NON-WAIVER.
Not used. Waiver is governed by Section 14 of the TOS.