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Service Level Agreement (“SLA”)

This Service Level Agreement (“SLA”) is part of the agreement between you (“Customer”, “you”) and Spectra Technologies India Private Limited, operating as SpectraCloud (“SpectraCloud”, “we”, “us”).

These terms apply to the cloud infrastructure, hosting, managed services, network connectivity, and related services (collectively, “Services”) that SpectraCloud provides.

1. Definitions

1.1 Coverage Hours: 24 hours per day x 7 days per week x 365 days per year (unless otherwise specified).

1.2 Downtime: The aggregate number of minutes during which the Service is unavailable for your use in a calendar month, excluding Excused Downtime and Default Exclusions.

1.3 Actual Uptime (%): (Coverage Hours – Downtime) ÷ Coverage Hours x 100%

1.4 Service Commitment: The minimum uptime percentage (e.g., 99.9%) that SpectraCloud commits to provide in a calendar month.

1.5 Service Credit: A credit to your account (not a cash refund) if SpectraCloud fails to meet the Service Commitment, subject to the conditions of this SLA.

1.6 Excused Downtime / Default Exclusions: Defined events that are excluded from the calculation of Downtime (see Section 7).

2. Service Commitment

Unless otherwise specified in your Service Order, SpectraCloud commits to deliver an Actual Uptime of 99.9% in each calendar month.

If the Actual Uptime falls below the Service Commitment, you may be eligible for a Service Credit as described in Section 4.

3. Measurement & Eligibility

3.1: Uptime is measured by SpectraCloud’s internal monitoring systems and, where applicable, third-party monitoring.

3.2: To request a Service Credit, you must submit a ticket to our support desk within 30 days of the end of the calendar month in which the downtime occurred. Your request must include the ticket number, downtime start/stop timestamps, and diagnostic logs if requested.

3.3: The measurement period begins when you open a verified Trouble Ticket and ends when SpectraCloud records service restoration and you resume normal use of the Service.

4. Service Credit Table

Actual Uptime in Month Service Credit (percentage of monthly fee)
≥ 99.9% None - Service Commitment met
< 99.9% to ≥ 99.0% 3%
< 99.0% to ≥ 95.0% 5%
< 95.0% 10%

4.1: Service Credits are your sole remedy for any Service Default. SpectraCloud will not provide cash refunds or liquidated damages.

4.2: Credits will be applied to your next billing cycle. No retroactive cash payments.

4.3: If you terminate or renew the service, previous Service Credits do not carry forward unless explicitly stated in a separate written agreement.

5. Customer Responsibilities & Limitation of Liability

5.1 You agree to:

  • Maintain and update your applications, operating systems, security patches, and configurations.
  • Use the Services only in accordance with the Acceptable Use Policy, Terms & Conditions, and applicable laws (including IT Act 2000, DPDPA 2023).
  • Monitor your systems and report issues promptly via our support portal.

5.2 SpectraCloud shall not be liable for:

  • Downtime or performance degradation caused by your software, configuration errors, third-party components, or usage patterns.
  • Data loss, corruption, unauthorized access or exposure arising from your hosted environment.
  • Any indirect, incidental, special, or consequential damages, including loss of revenue, profit, or business interruption.

5.3 Indemnification:

  • You agree to indemnify, defend, and hold harmless SpectraCloud, its directors, officers, employees, and agents from any claim, liability, loss, cost, or damage (including legal fees) arising from your use/misuse of the Services or breach of this SLA or related policies.

6. Maintenance & Scheduled Downtime

6.1: SpectraCloud may perform scheduled maintenance, upgrades or security patching. We will endeavour to provide at least 48 hours’ notice, except in emergencies.

6.2: Maintenance windows and any downtime caused by these activities count as Excused Downtime and are excluded from Actual Uptime calculation.

7. Default Exclusions & Force Majeure

The following events are excluded from the Service Commitment:

  • Failure of your upstream internet connectivity, third-party services, or customer-premises equipment.
  • Force Majeure events, including natural disasters, war, cyberattacks beyond reasonable mitigation, or governmental action.
  • Customer actions or misuse, including software bugs, configuration errors, un-patched systems, or violating policies.
  • Any downtime resulting from your decision to test, upgrade, or alter your environment without our prior written approval.

8. Term, Renewal & Termination

This SLA begins when the Service is activated for you and continues for the term specified in your Service Order. On renewal, this SLA continues unless modified in writing. Termination of the Service does not relieve either party of liabilities accrued prior to termination.

9. Support & Escalation

Our support services and escalation procedures vary by service tier and are set out in your Service Order or support agreement. Upon a verified Service Default, you may refer the case through our escalation path as detailed in our Support Policy.

10. Entire Agreement

The SLA, together with your Service Order, Terms & Conditions, Acceptable Use Policy, Privacy Policy, and any other applicable agreements, constitute the entire service-level commitment between you and SpectraCloud. No other representations or promises apply.

11. Governing Law & Jurisdiction

This SLA is governed by the laws of India. All disputes shall be subject to the exclusive jurisdiction of the courts at Jagadhri, Haryana, India.

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