Annex to the Terms and Conditions § 9
Language versions. This document is drafted in Italian and is also published in English. The English version is a translation provided for convenience only: in the event of any conflict or doubt as to its interpretation, the Italian version shall prevail.
Introduction: what we promise and why we do not promise more
The Service is delivered from a non-redundant infrastructure: a single server, a single provider, a single region.
This SLA reflects that choice instead of hiding it. A 99.9% commitment means little more than eight hours of unavailability a year, and on a single server one operating system update can use up part of that in a single morning. Anyone who promises it on this architecture cannot keep it, and has simply decided that paying the penalties costs less than explaining why.
We prefer a commitment we can honour and a stated path for raising it. If a customer needs higher levels, they can be obtained — with a different architecture, and therefore at a different price. It is a conversation, not a refusal.
1. Definitions
| Reference Period | the calendar month |
| Availability | the percentage of minutes in the Period in which the Service responds correctly to the external status check |
| Unavailability | a minute in which the status check fails for reasons attributable to the Provider |
| Scheduled Maintenance | work notified at least 48 hours in advance |
| Major Incident | total unavailability of the Service for more than 30 consecutive minutes |
2. Availability commitment
| Guaranteed monthly Availability | 99.0% |
| Corresponding to a maximum of | approximately 7 hours and 18 minutes a month |
| Preferred maintenance window | Tuesday, 22:00–24:00 (CET), notified 48 hours in advance |
| Maximum Scheduled Maintenance | 4 hours a month, excluded from the calculation |
3. What is excluded from the calculation
a. Scheduled Maintenance notified within the required notice period; b. causes attributable to the Customer, its content or its integrations; c. force majeure, including widespread network or power failures; d. failures of the infrastructure provider, to the extent they exceed what the Provider can reasonably mitigate; e. lawful suspensions under clause 7.2 of the Terms; f. non-delivery of email and SMS, governed by § 5.
4. Support
| Severity | Description | Response |
|---|---|---|
| 1 — Critical | Service unusable for everyone | 4 working hours |
| 2 — High | main function unusable, with no workaround | 8 working hours |
| 3 — Normal | malfunction with a practicable workaround | 3 working days |
| 4 — Informational | questions, feature requests | 5 working days |
Support hours: Monday to Friday, 9:00–18:00 CET, excluding Italian public holidays. No round-the-clock cover is provided. Channel: doconure@limepeak.it.
The times stated are response times, not resolution times. A guaranteed resolution time for a defect that has not yet been diagnosed is a promise that nobody can keep.
5. Delivery of email and SMS — a clarification that avoids a misunderstanding
Acceptance of a message by the sending provider is not its delivery to the Recipient.
The Service entrusts email and SMS to a third-party provider. That delivery is affected by network operators, spam filters, national rules and the accuracy of the contact details supplied by the Customer — factors the Provider does not control.
Consequently:
- message delivery is not covered by the availability commitment;
- the Service shows the delivery status available to it, even when it is negative, so that the Customer can act;
- sending to countries that are not enabled is refused and not charged; where provided for, the Service automatically falls back to the email channel.
This distinction is not a precautionary reservation: it was learnt the hard way. An SMS provider accepted messages, charged for them and delivered none of them, because Italian regulation requires prior registration of the alphanumeric sender.
6. Penalties
6.1 Below the commitment in § 2, upon the Customer's written request made within 30 days of the end of the Period, a service credit shall be granted:
| Availability in the month | Credit |
|---|---|
| from 98.0% to 99.0% | 10% of the month's fee |
| from 95.0% to 98.0% | 25% |
| below 95.0% | 50% |
6.2 The credit is applied to the following period, cannot be converted into cash and is the sole remedy for failure to meet the service levels, save in the case of wilful misconduct or gross negligence (dolo o colpa grave).
6.3 The total credit shall not exceed the fee for the reference month.
7. Continuity and recovery
| RPO — maximum data loss | 24 hours (daily backup) |
| RTO — recovery time objective | 8 hours in the event of total loss of the server |
The procedures, and the real limits of these two figures, are described in an internal business continuity plan, available on request. Recovery has been carried out and verified, not merely documented.
An RPO of 24 hours means that a failure at 23:00 may cost a day's work. It is the most significant limit of this SLA and is stated here so that the Customer can assess it, not discover it.
8. Measurement
8.1 Availability is measured by the Provider by means of automated checks external to the Service.
8.2 On request, the Provider shall supply the measurement data for the Period.
8.3 Where the Customer disputes the figures, documenting the dispute with its own measurements, the parties shall cooperate in good faith; in the event of a discrepancy, the measurement showing the lower availability shall prevail.
9. Changes
The Provider shall give 60 days' notice of any change for the worse; a Customer who does not accept it may terminate without charge.