Service Level Agreement

We are Krystal Hosting Ltd (trading as Katapult) a company incorporated in England and Wales whose registered number is 07571790 and whose registered office is at 124 City Road, London, EC1V 2NX (“Katapult”, “we”, “us”, “our”).

In this agreement we will refer to you, the person or organisation entering into a contract with us as “Customer”, “you”, “your”.

Each of Katapult and the Customer are a “party” and together Katapult and the Customer are the “parties”.

1. Definitions

1.1. In this Schedule:

2. Service Levels

2.1. We shall provide the Services so as to meet or exceed the Service Levels set out in this Schedule.

2.2. Service Levels apply to any one individual virtual machine and may not be aggregated over a Customer’s account with Katapult.

2.3. Service Levels may be added, deleted, or modified by the parties at any time during the Term by the written consent of both parties.

3. Service Credits

3.1. If we fail to meet or exceed a Service Level, the Customer shall be entitled to a Service Credit in accordance with the provisions of this paragraph 3.

3.2. To claim a Service Credit, the Customer must contact Katapult’s helpdesk by email to team@katapult.io setting out the suspected period of outage together with evidence of suspected failure to meet the agreed Service Level. Following receipt of this we will prepare a report showing our performance against the Service Levels in the given period of one month.

3.3. Tickets to our helpdesk in line with 3.2 above claiming Service Credits must be submitted by Customers within one month of the end of the billing cycle in which our SLA uptime guarantee was not met.

3.4. Service Credits shall be applied as a credit to the Customer’s organization. Service Credits will be applied to the first invoice after the credit has been approved by us, and will continue to be applied to successive future invoices until there is no Service Credit left on the Customer’s organization, at which point the invoices will become payable again by the Customer.

3.5. Service Credits may not be redeemed for cash, are not transferable and have no cash value.

3.6. The amount of Service Credits credited to the Customer with respect to all Service Level defaults occurring in a single month under this agreement shall not exceed: the fees paid to Katapult within the previous one month period or since account inception if less than one month.

3.7. We shall not charge you for any work carried out by us in connection with remedying a Service Level default.

3.8. Where a sum is expressed to be payable as a Service Credit the parties agree that:

3.8.1. the Customer has a legitimate interest in ensuring that it can recover losses suffered as a result of our failure to meet the relevant Service Level; and

3.8.2. the Service Credits set out in this agreement are not out of all proportion to such interest.

3.9. Any Service Credits that are deducted are not to be taken into account for the purposes of the limitation of liability provisions set out in clause 14 (Liabilities) of our main Terms and Conditions.

3.10. The payment of Service Credits is without prejudice to any other remedy available to the Customer, whether under this agreement, common law, or in equity.

4. Exclusions

4.1. We shall be relieved of our liability in respect of any failure to provide the Services to the Service Levels if, and to the extent that, such failure is attributable to any of the following:

4.1.1. Virtual machines being intentionally shut down by the Katapult platform or staff due to non-payment of due invoices; or

4.1.2. Virtual machines being intentionally shut down by the Katapult platform or staff due to abuse or suspected abuse of the Katapult platform via those virtual machines; or

4.1.3. Any form of software defect or misconfiguration within the guest virtual machine itself, including but not limited to network configuration errors, crashes and out of memory events; or

4.1.4. a failure by the Customer to observe any of its obligations under this agreement or under the main Terms and Conditions; or

4.1.5. a Force Majeure event, as described in our main Terms and Conditions.