This Service Level Agreement was last updated on 21 September 2021.
This ReliMail Service Level Agreement (“SLA”) is a policy governing the use of ReliMail and applies separately to each account using ReliMail. In the event of a conflict between the terms of this SLA and the terms of the Terms & Conditions or other agreement with us governing your use of our Services (the “Agreement”), the terms and conditions of this SLA apply, but only to the extent of such conflict. Capitalized terms used herein but not defined herein shall have the meanings set forth in the Agreement.
Definitions
Except as otherwise modified or defined herein, all capitalized terms in this Service Level Agreement have the same meanings as set forth in the General Terms and Conditions and the applicable Product Exhibit (collectively, “Agreement”). For purposes of this Service Level Agreement the following definitions will apply.
- “Emergency Maintenance” means any time outside of Scheduled Maintenance Window that ReliMail is required to apply urgent patches or fixes, or undertake other urgent maintenance activities. If Emergency Maintenance is required, ReliMail will contact Customer and provide the expected start time and the planned duration of the Emergency Maintenance and if ReliMail expects the Service to be unavailable during the Emergency Maintenance.
- “Filter” means to detect and block or quarantine all email messages with Viruses that:
- match an available virus signature generally available from Customer’s selected and licensed anti-virus engine vendor; and
- are identifiable by industry standard anti-virus engine heuristics; and
- are propagated through registered attachment types that are recognized by Customer’s selected and
licensed anti-virus engine vendor.
- “Infection” means if an inbound email to a Customer Mailbox is delivered with a Virus, or if an outbound email from a Customer Mailbox is processed through the Email Security Service with a Virus without being quarantined.
- “Monthly Downtime” is the number of 1-minute intervals that ReliMail is Unavailable in a given ReliMail region in a single billing cycle, summed across all users in your ReliMail organization.
- “Monthly Uptime Percentage” is calculated by subtracting from 100% the Monthly Downtime divided by the total number of users in your organization multiplied by the total number of 1-minute intervals in the month:(100% – (Monthly DownTime / (users in your organization * minutes in the month)).
- “Scheduled Maintenance Window” means the window during which weekly scheduled maintenance of the Service may be performed. The Scheduled Maintenance Window is between the hours of Friday 9:00 p.m. to Saturday 5:00 a.m. GMT+2.
- A “Service Credit” is a rand credit (ZAR), calculated as set forth above, that we may credit back to an eligible ReliMail account.
- “Unavailable” means specifically that a user attempts and is unable to (i) send email via the ReliMail web interface (ii) receive email in the ReliMail web interface (iii) view their calendar in the ReliMail web interface (iv) open their contacts in the ReliMail web interface. The term “Unavailable” excludes all other issues, including any issues resulting directly or indirectly from any ReliMail SLA Exclusion.
- “Virus” means a binary or executable code whose purpose is to gather information from the infected host (such as trojans), change or destroy data on the infected host, use inordinate system resources in the form of memory, disk space, network bandwidth or CPU cycles on the infected host, use the infected host to replicate itself to other hosts, or provide control or access to any of the infected host’s system resources.
Service Commitment: Infrastructure Uptime
ReliMail will use commercially reasonable efforts to make its services and products available in each ReliMail region with the applicable Monthly Uptime Percentage during any monthly billing cycle (the “Service Commitment”). In the event ReliMail does not meet the Service Commitment, you will be eligible to receive a Service Credit as described below.
Service Credits: Infrastructure
Service Credits are calculated as a percentage of the total charges paid by you for the ReliMail organizations in a given ReliMail region for the billing cycle in which the error occurred in accordance with the schedule below.
| Monthly Uptime Percentage: Infrastructure | Service Credit Percentage |
|---|---|
| Less than 99.9% but greater than or equal to 99.0% | 10% |
| Less than 99.0% but greater than or equal to 95.0% | 25% |
| Less than 95.0% but greater than or equal to 90.0% | 50% |
| Less than 90.0% | 100% |
Service Commitment: Email Continuity
- ReliMail warrants at least 99.999% System Availability, which is defined as % of total time during which email service connectivity on port 25 is available during each calendar month, excluding Scheduled Maintenance Window and Emergency Maintenance. For purposes of calculating System Availability, only downtime occurrences exceeding 30 seconds will apply.
- Email Delivery: ReliMail warrants that the average of Email Delivery (as defined below) times, as measured in minutes over a calendar month, will be one (1) minute or less.
- For purposes of this agreement “Email Delivery” is defined as the elapsed time from when a business email enters the ReliMail Security Services network to when it exits the ReliMail Security Services network. The Email Delivery average time measurement for a cluster is calculated using simulated or test emails. These test emails are sent at a periodic frequency and the fastest 95% email delivery times are tracked by ReliMail to calculate the average for that month.
- Fail Over Server acts as a backup server for incoming/outgoing content.
- The Fail Over Server is always connected alongside the Primary server and acts as a secondary fail over.
- This agreement applies only to legitimate business email (e.g. not to non–solicited bulk email) delivered to valid Mailbox accounts on the ReliMail Infrastructure.
Service Credits: Email Continuity
Service Credits are calculated as a percentage of the total charges paid by you for the ReliMail organizations in a given ReliMail region for the billing cycle in which the error occurred in accordance with the schedule below.
| Monthly Uptime Percentage: Email Continuity | Service Credit Percentage |
|---|---|
| Less than 99.9% but greater than or equal to 99.0% | 10% |
| Less than 99.0% but greater than or equal to 95.0% | 25% |
| Less than 95.0% but greater than or equal to 90.0% | 50% |
| Less than 90.0% | 100% |
Service Commitment: Virus Filtering
- ReliMail warrants that the Email Security Service will Filter (as defined below) 100% of all Viruses (as defined below) contained in an inbound and outbound email to a Customer Mailbox for which a ReliMail Email Security Services subscription has been purchased.
- This SLA does not apply to:
- text messages that use fraudulent claims to deceive the Customer and/or prompt the Customer to action (such as phishing);
- a binary or executable code installed or run by an end user that gathers information for sales and marketing purposes (such as spyware);
- a virus that has been detected and has been cleaned by other virus scanning products;
- an ineffective or inactive virus contained in a bounced email;
- a Virus–infected email that is quarantined by the Email Security Services but is subsequently delivered to an end user or administrator by such end user or administrator;
- emails containing attachments that are password protected, encrypted or otherwise under an end user’s control;
- any action by a Customer end user or administrator that results in deliberate self–infection; or
- any Infection occurring within the first thirty (30) minutes of the anti–virus engine vendor’s new general release of a virus’s applicable signature.
- Customer will not be eligible to receive a remedy under this SLA if Customer:
- is not subscribing to all anti–virus Email Security Service modules for all Customer Mailboxes for which a ReliMail Email Security Service subscription has been purchased;
- has not enabled full virus protection for all Customer Mailboxes for which an Email Security Services subscription has been purchased;
- does not provide ReliMail with conclusive written evidence (including the full Virus attachment for each email experiencing the Infection) that the Virus was caused by an email that passed through the ReliMail Email Security Service network; and
- emails exceeding the applicable anti–virus engine’s maximum scanning size limit identified in the vendor’s documentation.
Service Credits: Virus Filtering
Service Credits are calculated as a percentage of the total charges paid by you for the ReliMail organizations in a given ReliMail region for the billing cycle in which the error occurred in accordance with the schedule below.
| Number of Validated Infections That Occurred During a Month | Service Credit Percentage |
|---|---|
| 1 to 3 Validated Occurrences | 10% |
| 4 or more Validated Occurrences | 25% |
Service Commitment: Spam Effectiveness
- ReliMail warrants that the Email Security Service will detect 99% of inbound spam and 95% of outbound spam in each calendar month.
- This SLA does not apply to false negatives to invalid Mailboxes. Additionally, this SLA applies only to spam messages processed through ReliMail’s Email Security Services and does not apply to email sent from users or domains that have been safe-listed or whitelisted by Customer within the Email Security Service.
- ReliMail will make a good faith estimation of the spam capture rate based on the regular and prompt submission to the Email Security Service support center of all false negatives to report spam missed by Email Security Service.
- ReliMail will estimate the percentage of spam detected by the Email Security Service by dividing the number of spam emails identified by the Email Security Service as recorded in the Email Security Service report logs by all spam emails sent to Customer. ReliMail will estimate all spam emails sent to Customer by adding the number of spam messages (false negatives) missed by the Email Security Service and reported to the Email Security Service support team to the number of spam emails detected by the Email Security Service.
Service Credits: Spam Effectiveness
Service Credits are calculated as a percentage of the total charges paid by you for the ReliMail organizations in a given ReliMail region for the billing cycle in which the error occurred in accordance with the schedule below.
| If Monthly Average Spam Capture Rate Is | Service Credit Percentage |
|---|---|
| < 99% for Incoming & < 95% for Outgoing | 10% |
| < 98% for Incoming & < 93% for Outgoing or higher | 25% |
Service Commitment: False Positive Effectiveness
- ReliMail warrants that the ratio of legitimate business email incorrectly identified as spam by the Email Security Service to all email (inbound and outbound) processed by the Email Security Service for Customer in any calendar month will not be greater than 1:350,000.
- ReliMail will make a good faith estimation of the false positive ratio based on evidence timely supplied by Customer.
- This SLA does not apply to:
- bulk, personal, or pornographic email;
- emails containing a majority of non–English language content; or
- emails blocked by a policy rule, reputation filtering, or SMTP connection filtering.
Service Credits: False Positive Effectiveness
Service Credits are calculated as a percentage of the total charges paid by you for the ReliMail organizations in a given ReliMail region for the billing cycle in which the error occurred in accordance with the schedule below.
| False Positive Ration in a Month | Service Credit Percentage |
|---|---|
| > 1:350,000 | 10% |
| > 1:50,000 or higher | 25% |
Service Commitment: Email Archiving
- ReliMail warrants at least 99.9% Email Archiving Service Availability to Customer to access existing archived data (e.g. the Email Archiving Service shall not be unavailable more than 60 minutes per month) during each calendar month, excluding Scheduled Downtime and Emergency Maintenance). “System Availability” means the percentage of total time during which Email Archiving Service System is available to Customer, excluding Scheduled Maintenance Window and Emergency Maintenance.
Service Credits: Email Archiving
Service Credits are calculated as a percentage of the total charges paid by you for the ReliMail organizations in a given ReliMail region for the billing cycle in which the error occurred in accordance with the schedule below.
| % of Email Archiving Service Availability per Calendar Month | Service Credit Percentage |
|---|---|
| < 99.9% | 10% |
| < 99.0% or higher | 25% |
Service Commitment: Search Performance (Email Archiving E-Discovery)
- Provided Customer has purchased the Email Archiving Service real-time search option, ReliMail warrants that the median of Email Archiving Service search requests executed within a given calendar month will occur within 20 seconds or less.
- For purposes of this SLA search time refers to the elapsed time from when the Email Archiving Service data-center receives the search request to the time at which the Email Archiving Service is ready to return result information to the Email Archiving Service Appliance.
- This SLA applies only to end–user driven search activities and not those initiated by automated systems.
- This SLA applies only to calendar months in which the customer has performed greater than 250 searches.
Service Credits: Search Performance (Infrastructure)
Service Credits are calculated as a percentage of the total charges paid by you for the ReliMail organizations in a given ReliMail region for the billing cycle in which the error occurred in accordance with the schedule below.
| Median of all searches (minimum of 250 searches per Calendar Month) | Service Credit Percentage |
|---|---|
| > 20 seconds | 10% |
| > 25 seconds or higher | 25% |
We will apply any Service Credits only against future ReliMail payments otherwise due from you. At our discretion, we may issue the Service Credit to the credit card you used to pay for the billing cycle in which the error occurred. Service Credits will not entitle you to any refund or other payment from ReliMail. A Service Credit will be applicable and issued only if the credit amount for the applicable monthly billing cycle is greater than one hundred rand (R100 ZAR). Service Credits may not be transferred or applied to any other account. Unless otherwise provided in the Agreement, your sole and exclusive remedy for any unavailability, non-performance, or other failure by us to provide ReliMail is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA.
Credit Request and Payment Procedures
To receive a Service Credit, you must submit a claim by opening a case in the ReliMail Help Desk. To be eligible, the credit request must be received by us by the end of the second billing cycle after which the incident occurred and must include:
- the words “SLA Credit Request” in the subject line;
- the dates and times of each incident where you are claiming that ReliMail was Unavailable; and
- your request logs that document the errors and corroborate your claimed outage (any confidential or sensitive information in these logs should be removed or replaced with asterisks).
If the Monthly Uptime Percentage applicable to the month of such request is confirmed by us and is less than the applicable Service Commitment, then we will issue the Service Credit to you within one billing cycle following the month in which your request is confirmed by us. Your failure to provide the request and other information as required above will disqualify you from receiving a Service Credit.
SLA Exclusions
The Service Commitment does not apply to any unavailability, suspension or termination of ReliMail, or any other ReliMail performance issues: (i) caused by factors outside of our reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of ReliMail; (ii) that result from any actions or in-actions of you or any third party; (iii) that result from failure to follow the guidelines or exceeding the limitations described in the ReliMail Documentation on the ReliMail Site; (iv) that result from your equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within our direct control); (v) that result from delayed email delivery, spam protection failures, and virus protection failures; or (vi) arising from our suspension or termination of your right to use ReliMail in accordance with the Agreement (collectively, the “ReliMail SLA Exclusions”). If availability is impacted by factors other than those used in our calculation of the Monthly Downtime, then we may issue a Service Credit considering such factors at our discretion.