1.1 Artevio refers to our company, Artevio s.r.o., ID: 042 33 271. Artevio operates the website https://www.wpcare.ai and owns the WPCare.ai brand, providing WordPress Care and WordPress Support services;

1.2 Complaint refers to a complaint submitted by the Customer to Artevio by these Terms;

1.3 Customer-Scheduled Downtime means downtime, expressed in minutes, explicitly specified by the Customer to Artevio, including, but not limited to, any time during which the Customer has requested suspension of access to the Service;

1.4 Incident means any set of circumstances that results in a noticeable or recurring degradation in the quality of the Service;

1.5 Downtime Period equals the number of minutes of downtime caused by an unscheduled service outage;

1.6 Scheduled Availability refers to the total number of minutes in a given month, reduced by any customer-scheduled downtime and force majeure events;

1.7 Service Levels refers to the service level commitments specified in Section 2 of these Terms and any additional standards that Artevio chooses to comply with to measure the level of Service provided to the Customer;

1.8 Unscheduled Service Outage refers to an interruption in the Service that was not previously communicated to the Customer. It results in the Customer’s website being inaccessible to its end users. Unscheduled Service Outages exclude:

(a) Customer-scheduled downtime; and/or
(b) outages caused by Force Majeure events and/or
(c) any outages resulting from SLA exclusions specified in Section 3.1 below.

1.9 Issue means any circumstances leading to non-compliance with the service level;

1.10 Force Majeure refers to any downtime minutes resulting from events or conditions beyond reasonable control, including, but not limited to, acts of a common enemy, natural elements, earthquakes, floods, fires, epidemics, and inability to procure products or services from other entities.

2.1 Website and server availability is determined based on the terms specified in the selected service package;

2.2 Penalty. Suppose the Service fails to meet the above service level commitments. In that case, the Customer will receive a credit from Artevio, as specified in Section 7 of these Terms (“Service Credit”).

This SLA does not apply to any performance or availability issues:

3.1 Due to events outside Artevio’s control, including, but not limited to, issues caused solely by:

(a) Hardware, software, or connectivity issues on the part of the Customer or their end-users;
(b) Factors beyond Artevio’s reasonable control;
(c) Actions or omissions of the Customer, its employees, agents, contractors, or vendors; or
(d) A third party gaining access to the Service through the accounts or devices of the Customer’s authorized users;
(e) Any unauthorized alterations to the website, such as plugin installations, source code modifications, template changes, or page deletions not performed by an Artevio technician.

3.2 Caused by the Customer’s continued use of the Service after Artevio has advised them to modify such use if the Customer has not modified their use as recommended;

3.3 Occurring during beta or trial service periods unless otherwise agreed in writing by Artevio.

4.1 Notice of downtime or complaints regarding the service level (SLA) must be submitted through the specified communication channel per the terms of the service package and service contract with Artevio.

5.1 Artevio provides this SLA under the following conditions;

5.2 To be eligible to submit a claim, the Customer must first notify Artevio of the specific incident and express their intention to submit a claim through one of the methods specified in Section 3 within five (5) business days of the incident;

5.3 To submit a claim, the Customer must contact Artevio. The Customer must provide reasonable details and sufficient evidence to support any claim, including, but not limited to:

5.3.1 detailed descriptions of the incident,

5.3.2 the duration of the incident,

5.3.3 affected URLs, and

5.3.4 all steps the Customer took to verify that the issue was on Artevio’s end.

The Customer must submit the claim before the end of the billing month following the month in which the incident occurred;

5.4 Artevio will use all reasonably available information to verify the claim and make a good-faith decision on whether the claim qualifies for a service credit, ensuring a fair and transparent process for the Customer.

6.1 The amount and calculation method for service credits is described below in Section 7;

6.2 Service credits are the exclusive and sole remedy for the Customer in the event of service level breaches;

6.3 Service credits will only be calculated from the Customer’s fixed monthly fees;

6.4 The total service credits awarded within any annual billing period will not exceed one (1) month of the Customer’s cumulative total monthly fees paid to Artevio within such an annual billing period;

6.5 Service credits for a single contract will only be calculated once (1). If multiple websites under a single contract experience downtime, the amount of credit will only be calculated once (1) and cannot be aggregated.

7.1 For each downtime period the Customer experiences during a monthly billing period, Artevio will provide a service credit calculated according to the formula below, which applies to the Customer’s package;

7.2 Service Credit = (10 * minutes of downtime period * monthly fee) ÷ scheduled availability minutes;

7.3 Note: Downtime and its duration are defined according to the package terms with an SLA below 100%. Downtime minutes begin counting when the SLA percentage threshold is exceeded, e.g., 98%.