Support and Maintenance Agreement

This Support and Maintenance Agreement governs run-state support for Client applications. It operates as a schedule to the Master Services Agreement and defines uptime targets, incident response, service credits, and operational responsibilities.

This document is for reference. Executed copies with application-specific details (Annex A) are provided to each Client individually.

Definitions

Application: Each software application, website, or mobile application identified in Annex A of the executed agreement.
Business Hours: 09:00–17:00 UK time, Monday to Friday, excluding UK public holidays, unless Annex A states extended hours.
Corrective Maintenance: Diagnosis and resolution of Defects.
Adaptive Maintenance: Updates to keep the Application compatible with its runtime environment, including dependency updates, OS patches, and framework upgrades within the Supported Stack.
Defect: A failure of the Application to conform materially to its agreed specification or previously accepted behaviour in the Production Environment.
Incident: An unplanned interruption or material degradation of the Application in the Production Environment.
Security Incident: An Incident involving actual or reasonably suspected compromise of the confidentiality, integrity, or availability of the Application or its data.
Supported Stack: The technology components, versions, and third-party services listed in Annex A.
Uptime: The percentage of time the Production Environment is available during the measurement period.

Scope of Support Services

Included

1. The following are included in the Support Services:

Corrective Maintenance — triage, diagnosis, and remediation of Defects
Adaptive Maintenance — dependency and security patching within the Supported Stack
Security patching — application of patches proportionate to severity
Monitoring (if stated in Annex A) — automated alerting for availability and error rates
Backups (if stated in Annex A) — regular backups with target RPO/RTO
Minor adjustments — small configuration changes or text corrections within the monthly allowance

Excluded

2. The following are not included and require a separate agreement:

Third-party failures outside Actually's control
Issues caused by the Client's own modifications outside Actually's change management
New features and Enhancements (ordered via SOW or Content Services Agreement)
Maintenance of unsupported or end-of-life stack components
Formal penetration testing unless separately purchased
Accuracy or legality of content the Client publishes

Shared platform and infrastructure

3. Where the Application uses shared tooling, CI/CD pipelines, or platform components operated by Actually for multiple clients, Annex A shall note this. Actually maintains logical separation of Client data and environments.

Service levels — availability

4. Uptime target. Actually targets 99.5% monthly Uptime for the Production Environment (or as stated in Annex A).

5. Exclusions from Downtime. The following are not counted as Downtime:

Scheduled Maintenance (with not less than 48 hours' notice)
Emergency Maintenance required for data or security protection
Outages caused by the Client's acts or omissions
Third-party service failures outside Actually's control
Force majeure events
Periods where the Client's account is suspended for non-payment

Service levels — incident response

Severity matrix

6. Incidents are classified by severity:

P1 — Critical: Production unavailable, or Security Incident actively exploited. Core business function completely blocked.
P2 — Major: Production materially degraded; significant function impaired with no reasonable workaround.
P3 — Minor: Defect exists but Application remains usable; workaround available.
P4 — Low: Cosmetic issue, general question, or Enhancement request for future triage.

Response and update targets

7. Response and communication targets by severity:

P1: First response within 1 Business Hour; updates every 2 hours during Business Hours
P2: First response within 4 Business Hours; daily updates
P3: First response within 1 Working Day; updates every 2 Working Days
P4: First response within 2 Working Days; updates as agreed

8. First response means written acknowledgement with an initial assessment. It does not mean resolution.

9. Actually shall use commercially reasonable endeavours to resolve Incidents as quickly as circumstances allow. P1 and P2 Incidents receive priority over lower-severity work.

Service credits

Uptime credits

10. If monthly Uptime falls below the target:

Below target but at or above 99.0%: 5% credit of Monthly Support Fee
Below 99.0% but at or above 97.0%: 10% credit
Below 97.0%: 20% credit

Response-time credits

11. If P1 first-response time is missed more than twice in a month:

Missed by less than 4 hours per occurrence: 5% credit
Missed by 4 hours or more per occurrence: 10% credit

Cap and procedure

12. Total credits in any month shall not exceed 25% of the Monthly Support Fee.

13. Credits must be requested in writing within fourteen (14) days of the end of the month. Credits are applied against the next invoice; on termination, outstanding credits are deducted from the final invoice or refunded.

14. Service credits are the Client's sole and exclusive remedy for failure to meet uptime or response-time targets, subject to any liability that cannot be excluded by law.

Client responsibilities

15. The Client shall:

Report Incidents through the agreed channel specified in Annex A
Provide reasonable reproduction steps, screenshots, and error details
Designate a primary technical contact and at least one alternate
Not modify the Production Environment without prior coordination with Actually
Keep access credentials current and grant Actually reasonable access

16. SLA clock suspension. Response timers are paused while the Client has not provided information reasonably requested, access is unavailable due to the Client or a third party, or the Client's account is suspended for non-payment.

Releases and change management

17. Only Actually (or persons explicitly authorised by Actually) shall deploy to the Production Environment. Routine releases are deployed during Business Hours or an agreed maintenance window.

18. Where the Client also has a Content Services Agreement, content releases are subject to production-deploy and Incident-freeze provisions. Incident resolution takes priority.

Security and data

19. Security patching is prioritised by severity. Data protection obligations are governed by Schedule 3 of the MSA (DPA). If Actually becomes aware of a Security Incident, it shall contain the threat, notify the Client per the DPA, and provide a post-incident summary.

Reporting

20. Actually provides a monthly support summary: Incidents by severity, Uptime for the period, and status on open items.

Fees

21. The Client pays a Monthly Support Fee as set out in Annex A. Work exceeding the included scope is billed at the overage rate in Annex A or under a separate SOW.

Term and termination

22. This agreement runs for an initial twelve (12)-month term, then auto-renews for successive twelve-month periods unless either party gives not less than sixty (60) days' notice.

23. On termination: the Client pays all outstanding fees; service credits are applied to the final invoice; transition assistance is available for up to ninety (90) days at then-current rates; data is handled per the MSA DPA.

General

24. Where this agreement is silent, the MSA applies (including confidentiality, liability, insurance, force majeure, and general provisions). Governing law and jurisdiction are as per the MSA.

Contact information

25. If you have any questions, please contact us:

Email: team@actually.tech
Registered Address: We Love Micro Ltd, Unit 6, The Lodge, 120b Lower Road, SE16 2UB, United Kingdom
Company Number: 09957089

Last updated: April 2026

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