Service Level Agreement (SLA)

This Service Level Agreement (“SLA”) governs the use of Skytomato’ products and services, and this SLA shall be read together with the Terms of Services of Skytomato.
https://www.skytomato.my/legal-information/terms-conditions/

Part 1 : Support Hours & Channels
Support Hours
We offer service level response times during business hours: 9am – 6.00pm, Mon-Fri excluding Weekend (Sat & Sun) & Public Holidays.

Support Channel
We offer service level response time only from our support ticket channels from :
1) via website a https://support.skytomato.my
2) via email sent to support@skytomato.com.my

Enterprise and Premium Channel
1) Enterprise website management support from Telephone channel is only available in our Enterprise Website Maintenance packages (Gold Plan and above)
2) Premium website management support from WhatsApp is only available in our Premium Website Maintenance packages (Diamond Plan and above)
https://www.skytomato.my/compare-website-maintenance-plans/

Part II : Response and Resolution Times
This SLA is only valid for Website Maintenance, Website Design, Website CMS Software and any Content related issue.

Skytomato’s response time may be varied from minutes to hours subject to the nature of the services. The team will response to the customer’s requests or issues on our services/products as soon as we could when a ticket is received from the support channel, and subject to the average response time of not more than eight (8) hours.

Severity Definition

High :
Response Time : Within 8 hours
Resolution Time : Within 8 hours or more depending on complexity.

Medium : 
Response Time : Within 24 hours
Resolution Time : Within 24 hours or more depending on complexity.

Low :
Response Time : Within 48 hours
Resolution Time : Within 1-2 weeks or more depending on update complexity.

Examples of priorities
High: Website not loading / Urgent Time Senstitive Content / Email Not Working
Medium: Contact form not working / Normal Content
Low: Text/ Imagery misalignment

Please note: We cannot guarantee to respond to and resolve support requests within the SLA Timeframes if they are not received via one of the above support channel methods. Resolution times will only be met if the fix is possible within the time window and we will keep you informed throughout the process.

Part III : Scope
This SLA does not apply to customised or non-standard services and not apply to domain name, hosting and email services.

Security Patches and Minor Content Management System (“CMS”) Updates

Content Management System and plugin patches are :

1) Applied only on minor versions.
2) Applied as and when needed basis in accordance to level of importance.
3) Applied if plugin licenses are purchased by the customers.
4) If the CMS or plugin version do not have any side effects of breaking the whole or part of the website.
5) Not applied on any website not created by Skytomato or hosted at third party servers.

Reporting
All reports such as Google Analytics, Website Performance, SEO Reports and Security Reports are only sent to registered customers upon request and according to our website maintenance plans.

Example of What can be included and what might have extra costs :

Hosting and Emails
Skytomato works directly with only reputable managed hosting and email provider to host our customers’ websites. All hosting and email SLA are provided by respective upstream providers. Skytomato scope is to ensure smooth operation of the website and email under usage of hosting providers.

Please note: We take no responsibility for any of our customers’ websites that are hosted with another provider and contracted through the customer directly.

Part IV: Service Credits
Skytomat do not offer any service credits claims.

Part V: Exceptions
1. Customer shall not receive any credits nor service in connection with any failure or deficiency of the service level caused by or associated with:
1) Circumstances beyond our reasonable control, including, without limitation, acts of God, acts of any governmental body, war, insurrection, terrorism, sabotage, armed conflict, embargo, fire, flood, strike or other labour disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, virus attacks or hackers, failure of third party software (including, without limitation, ecommerce software, payment
gateways, chat, statistics or free scripts) or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of this SLA.
2) Failure of access circuits to our network nor providers network.
3) Scheduled maintenance and emergency maintenance and upgrades.
4) DNS issues outside the direct control of Skytomato.
5) Issues with FTP, POP, IMAP, or SMTP customer access.
6) False SLA breaches reported as a result of outages or errors of any Skytomato measurement system.
7) Customer’s acts or omissions (or acts or omissions of others engaged or authorized by customer),
including, without limitation, custom scripting or coding (e.g., CGI, Perl, HTML, ASP, etc), any
negligence, wilful misconduct, or use of the Services in breach of our Terms of Service Policy.
8) Email or webmail delivery and transmission.
9) DNS (Domain Name Server) Propagation.
10) Any failure of customer’s devices or equipment.
11) Any failure of customer to comply with the policy and/or instructions of Skytomato in using the services.
12) Any failure of services caused by any third party including the service partner of Skytomato; or
13) Outages elsewhere on the Internet that hinder access to your account.
14) Skytomato is not responsible for browser or DNS caching that may make your site appear inaccessible or not updated when others can still access it. Skytomato will guarantee only those areas considered under the control of Skytomato: our website development, programming and content updating.

Free Services. For the avoidance of doubt, any services provided free of charge, including but not limited
to Free DNS Services, are provided on an “as-is” and “as-available” basis without any warranties,
representations, or conditions of any kind, whether express or implied. The Customer acknowledges
and agrees that such services are provided solely at the Customer’s discretion and risk, and the Customer
shall not be entitled to any Service Credits, refunds, compensation, or other remedies in the event of
any interruption, error, or failure in connection with such services.

Part VI. Modification
Skytomato reserves the right to amend, modify, or revise this SLA at any time. Any such amendment,
modification, or revision shall take effect immediately upon publication on Skytomato’ official website.

Skytomato shall at all times provide a helpdesk for fault and general reporting, maintenance and support request, by the Customer (relayed by email, facsimile or telephone, to the contact person designated by Skytomato).

Support Ticket that reported after 18:00 hour on business day (Mon-Friday); Skytomato Support Team will only response Customer on the first available business day.

Skytomato shall ensure that its technician responds to the Customer prior to the expiry of the Mean Time to respond which commences from the time the Customer contacts Skytomato’s helpdesk.

Skytomato, shall resolve the problem reported by Customer, PROVIDED it is not prevented and PROVIDED the problem is material, prior to the expiry of the Mean Time to Repair which commences from the time Customer contacts Skytomato’s helpdesk and Skytomato’s technician acknowledges receipt of the reported problem/ at the expiry of the Mean Time to Respond.

Based on the information Customer provide Skytomato in Customers’ support request ticket and after evaluation, Skytomato Support team will place Customer request into one of these severity levels. Expected response times will depend on the severity level.

Table 1: Mean Times for Skytomato to respond and deal with issues

4.1.1 Skytomato Support Team is responsible for supporting Skytomato direct Customer. Resellers are responsible for supporting their clients by isolating specific problems that may be encountered while using our services.

4.1.2 Skytomato Support Team will not offer technical support for third party vendor products that are outside of the existing server extensions.

4.1.3 Skytomato Support Team does not support third (3rd) party applications which have been installed on Skytomato hosting servers. All Customers’ installed scripts must be configured by the customer, however, we will provide information regarding a servers’ specific configuration which is needed for such scripts to operate.

4.1.4 Manual Labour Service is compulsory to be charged for excessive trouble shooting and error correction of scripts which is the fault of the customer. Charges of Manual Labour Services are not covered by this Terms and Conditions.

4.1.5 Reinstatement Fee for: Shared Hosting Account.

If Skytomato suspends the Customer’s shared account for non-payment, The Customer shall be allowed to reinstate The Customer’s use of the Services within Thirty (30) business days of suspension upon approval from Skytomato and full payment of balances due. A Reinstatement Fee as per Appendix I will be applied.

4.2 Dedicated Server / Co – Location Service

4.2.1 Skytomato reserves the right to refuse providing any support to the Customer if the informed case or issue does not related to Skytomato.

4.2.2 The Customers shall have the choice to engage “Manual Labour” support from Skytomato to cover out requested support issue that are non – related to Skytomato. Customers are provided with an assured response time matrix for engaging queries; although due to the nature of some faults no guaranteed time-to-fix can be offered on customer equipment. Charges of Manual Labour Services are not covered by this Terms of Services.

4.2.3 Reinstatement Fee for: Cloud Hosting, Reseller Account, Virtual Private Server (VPS), Dedicated Server, Co location Account.

If The Customer Cloud Hosting, Reseller Account, Virtual Private Server (VPS), Dedicated Server, Co location Account has been disconnect by Skytomato for the reason of non – payment, The Customer shall pay a Reinstatement Fee as per Appendix I prior to any Reinstatement of The Customer’s server and notify Skytomato with proof of payment via facsimile or email. Once payment received, The Customer account will be activated within twenty four (24) Business Hours.

Skytomato may withdraw from this Terms of Services if the Customer remains failed to remit payment 30 days after the service was interrupted. Without prejudice to any other of its rights and remedies, Skytomato will be entitled to remove The Customer’s data from its systems and any Equipment and/or put the Equipment to any use other than The Customer if any amount due under the Terms of Services is not paid within the time frame given of its due date for payment. Skytomato is not required to back up such data or return the same to the Client prior to any such removal or following termination of the Terms of Services.

The withdrawal from this Terms of Services shall take legal effect on the day when the withdrawal notification is delivered. Skytomato does not guarantee the delivery of the notification to the Customer, and its sending to the Customer’s email address shall be regarded as its delivery.

4.2.4 Uptime and Downtime for Dedicated Server, Co-Location, Cloud Hosting

“Uptime” and “Downtime” refer to the duration the Services, not including during Service Unavailability, are available or unavailable respectively, as measured solely by Skytomato’s internal monitoring systems.

Table 3 : Service Level Credit for Downtime

To receive a Downtime Credit, The Customer must request for the Downtime Credit by sending an email to billing@Skytomato.com within ten (10) business days after the incident of Downtime, failing which The Customer will not be entitled to the Downtime Credit.

Each Downtime Credit request must include the time of the Downtime, and the name and IP address provided under Services which experienced the Downtime. If the Downtime is confirmed by Skytomato, Downtime Credit will be credited to The Customer within thirty (30) days of receipt of The Customer’s Downtime Credit request.

The Customer agree that the maximum Downtime Credit credited to The Customer in a calendar month under this Terms of Services shall not exceed 50% of the Uptime Fees paid by The Customer for such calendar month. Downtime Credits are exclusive of any applicable taxes charged to The Customer or collected by Skytomato. Downtime Credits are The Customer’s sole and exclusive remedy, with respect to any Downtime.

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