Service Level Agreement
This Service Level Agreement (SLA) describes BillingMart’s availability target for customer pay pages, the client portal and the REST v1 API. The target is a goal, not a commitment or a warranty, and no service credits or other remedies attach to it.
1. Availability Target
BillingMart.com LLC ("BillingMart") aims for a Monthly Availability Percentage of 99.9% for the Covered Services in each calendar month.
This is a target that describes how we design and operate the Covered Services. It is not a guarantee, a warranty or a contractual commitment, and not meeting it is not a breach of the Terms of Service or of this page.
99.9% availability target
No service credits, refunds, fee reductions or other remedies are provided if the target is not met. The Covered Services are provided "as is" and "as available", as the Terms of Service describe.
2. Definitions
- "Covered Services" means the customer payment pages (
pay.billingmart.com), the client portal, and the public REST v1 API (api.billingmart.com/v1/*). Nothing else is a Covered Service, including the console, the admin and marketing apps, this website, email and text-message delivery, and AI features. - "Downtime" means a continuous period of more than five consecutive minutes during which the Covered Services fail to respond to valid requests, or answer them with a server error (HTTP status 5xx), as determined by BillingMart.
- "Monthly Availability Percentage" is calculated as:
(Total Minutes in Month - Downtime Minutes) / Total Minutes in Month × 100%
3. How Availability Is Assessed
BillingMart decides, from the information available to it, whether and for how long the Covered Services were unavailable. We do not undertake to measure availability continuously, to publish availability figures, or to report on the target.
4. Maintenance
We may carry out maintenance on the Covered Services, and they may be unavailable while we do. Where we reasonably can, we try to schedule planned maintenance at times of low use and to tell workspace owners beforehand, but we do not promise a particular notice period or maintenance window. We may carry out urgent maintenance without notice, for example to address a security issue. Unavailability during maintenance is not Downtime.
5. No Service Credits or Other Remedies
The target creates no right to a service credit, refund, fee reduction, termination right or damages. Your rights and remedies are only those in the Terms of Service, subject to its warranty disclaimers and limitation of liability.
6. Exclusions
None of the following counts as Downtime:
- Unavailability caused by factors outside our reasonable control, including force majeure events, widespread internet access disruptions, or carrier routing failures.
- Outages or maintenance at external payment gateways (such as TranzPay), payment processors or banking settlement networks, or at our hosting and cloud providers.
- Problems caused by your equipment, network, third-party software, or invalid API credentials, or by use beyond our rate limits.
- Sandbox (test) workspaces.
- Suspension or termination under the Terms of Service or our Acceptable Use Policy.
7. Reporting a Problem
If you believe the Covered Services are unavailable, tell us through our Contact page, with the dates and times and the affected workspace. A report helps us investigate; it does not create a right to a credit or any other remedy.
8. General Terms
- The Terms of Service control. This page forms part of, and is governed by, the Terms of Service, the Privacy Policy and the Acceptable Use Policy. If this page and the Terms of Service conflict, the Terms of Service control.
- No additional obligations. This page describes how BillingMart.com LLC ("BillingMart", "we", "us") operates. It does not create a contract, a warranty, a guarantee or any obligation beyond those in the Terms of Service and those that applicable law imposes, and nothing on it waives a right, defense, privilege or exemption available to BillingMart under the Terms of Service or the law.
- Disclaimers and limits apply. The warranty disclaimers, limitation of liability, governing law (New Mexico) and binding arbitration provisions of the Terms of Service apply to everything described here, to the fullest extent the law allows.
- No third-party beneficiaries. This page confers no rights or remedies on any person other than as applicable law requires.
- Changes. We may update this page at any time by posting a new version here; the "Last revised" date shows when it last changed. A change applies from when it is posted unless the law requires otherwise. Continued use of BillingMart after a change means you accept it.
- Severability. If any part of this page is found unenforceable, the rest remains in effect, and the unenforceable part is limited to the minimum extent necessary.
- Questions. Use our Contact page. For a privacy request, use the Data Removal Request page.
9. Disclaimers, Limitation of Liability and Indemnification
This section restates, and this page incorporates by reference, Sections 10 (Warranties and Disclaimers), 11 (Limitation of Liability) and 11A (Indemnification) of the Terms of Service. They apply to everything this page describes, to the fullest extent the law allows, and the Terms of Service control if the two differ. Where applicable law does not permit a disclaimer, limitation or exclusion below, it applies to the extent the law permits.
THE PLATFORM, CONSOLE, REST APIS, PAY PAGES AND EVERY SERVICE, FEATURE, PAGE, NOTICE AND PROCESS DESCRIBED HERE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, BILLINGMART.COM LLC AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE.
IN NO EVENT SHALL BILLINGMART, ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF REVENUE, PROFIT, GOODWILL, OR TRANSACTIONAL DATA, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE PLATFORM OR ANYTHING DESCRIBED ON THIS PAGE, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING UNDER THE TERMS OF SERVICE OR THIS PAGE SHALL BE STRICTLY LIMITED TO THE TOTAL FEES PAID BY YOU TO BILLINGMART IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, WHICH MAY BE ZERO.
Indemnification. The indemnity in Section 11A of the Terms of Service — your defense and indemnification of the BillingMart Parties against claims arising from your use of the Services, the content you send, your dealings with your customers and the consents and notices the law requires of you — applies to the activities this page describes as if set out here in full.
Nothing on this page creates a warranty, a service level, a guarantee or a duty of care beyond those stated in the Terms of Service, and every exemption, safe harbor, limitation and defense available to BillingMart under applicable law is preserved.
Legal and compliance questions
If you have questions regarding this agreement, or need a countersigned copy of our Data Processing Addendum, contact us at legal@billingmart.com or write to our privacy officer at privacy@billingmart.com.