Service Level Agreement

1. INTRODUCTION, INTERPRETATION & DEFINITIONS

Welcome to Quikk API! This Quikk Services Agreement includes this introduction, the General Terms, Definitions, Services Terms, and incorporated documents and terms (“Agreement”) and forms a legal agreement between Quikk Labs, Inc., a Delaware corporation with its principal place of business at 651 North Broad Street, # 201 Middletown, DE 19709 (“Quikk”, “Quikk API”) and the entity or sole proprietor on whose behalf a Quikk account is created (“User”, “you” and “your”) to receive use of our API platform, data, technology and analytics, or other business services offered by Quikk and/or its Affiliates. This Agreement states the terms and conditions that apply to your use of the Services. This Agreement is effective upon the date you first access or use the Services (“Effective Date” or “Date”) and continues until you or Quikk terminates it (this period, the “Term”).

The following definitions and rules of interpretation apply in this schedule.

1.1. Definitions:

• “API Call” means an authenticated API interaction facilitated in connection with Quikk’s Services.
• “Commercially Reasonable Efforts” means the same degree of priority and diligence with which Quikk meets the support needs of its other similar customers.
• “Contact List” means a current list of Quikk’s contacts and telephone numbers to enable the User to escalate its Support Requests, including:
  • the first person to contact; and
  • the persons in successively more qualified or experienced positions to provide the support sought.
• “Customer” means the clients of the User.
• “Fault” means any Operational Fault or Vulnerability.
• “Good Industry Practice” means the exercise of that degree of skill, care, prudence, efficiency, foresight and timeliness as would be expected from a company within the relevant industry or business sector.
• “Help Desk Support” means any support provided by help desk technicians sufficiently qualified and experienced to identify and resolve most support issues relating to the APIs.
• “Higher-level Support” means any higher-level support provided by an individual on the Contact List.
• “Known Vulnerabilities” means any Vulnerability that has either:
  • been assigned a Common Vulnerabilities and Exposures (CVE) number;
  • been disclosed on the National Vulnerability Database available at the agreed relevant website from to time to time; or
  • been disclosed on the internet, or any open public database, such that it would be revealed by reasonable searches conducted in accordance with Good Industry Practice.
• “Latent Vulnerabilities” means any instances of typical classes of Vulnerability. [ For example, buffer overflows, cross-site scripting (XSS) and Structure Query Language (SQL) injection . ]
• “Main Agreement” means the Terms of Use agreement to which this schedule relates.
• “Mitigate” means the taking of such reasonable steps that would be taken by a prudent supplier in accordance with Good Industry Practice to mitigate against the Vulnerability in question, which may include patching or coding changes, and the terms Mitigated and Mitigation shall be construed accordingly.
• “Operational Fault” means failure of the APIs to operate in all material respects in accordance with the specification and [Documentation], including any operational failure or error referred to in the Service Level Table.
• “Out-of-scope Services” means either of the following services:
  • any software or services that are not provided to the User by the Quikk APIs (referring to consultancy work such as the building of a customized website, and assistance with APIs not on the Quikk API Platform), any apparent problem caused by a User Cause or a cause outside Quikk's control (including any investigational work resulting in such a determination); or
  • any Higher-level Support provided in the circumstances specified in Paragraph 3.3 .
• “Service Levels” means the service level responses and response times referred to in the Service Level Table.
• “Service Level Table” means the table set out in Paragraph 5.1.
• “Solution” means either of the following outcomes:
  • correction of an Operational Fault or;
  • a workaround in relation to an Operational Fault (including a reversal of any changes to the Quikk APIs if deemed appropriate by Quikk) that is reasonably acceptable to the user; or
  • Mitigation of a Vulnerability that is reasonably acceptable to the User.
• “Support Hours” means Seven calendar days a week, 24 hours a day including Bank Holidays except Christmas Day.
• “Support Period” means the term and, if requested by the User, any period during which the User transfers the Services to an alternate service provider.
• “Support Request” means request made by the User in accordance with this schedule for support in relation to the APIs, including correction of an Operational Fault.
• “Support Services” means maintenance of the then-current version or release of the APIs, including Help Desk Support and Higher-level Support, but excluding any Out-of-scope Services.
• “User Causes” any of the following causes:
  • any improper use, misuse or unauthorised alteration of the Quikk APIs by the User;
  • any use of the Quikk APIs by the User in a manner inconsistent with the then-current Terms and Third Party API Platform terms and conditions;
  • the use by the User of any hardware or software not provided by Quikk or approved by Quikk in the specification for use by the User in connection with the Quikk APIs; or
  • the use of a non-current version or release of the Quikk APIs.
• “Vulnerability” means a weakness in the computational logic (for example, code) found in software and hardware components that, when exploited, results in a negative impact to confidentiality, integrity or availability.

1.2. All initial capitalized terms in this schedule shall have the meaning given to them in the Main Agreement, unless otherwise defined herein.

2. AVAILABILITY OF THE QUIKK APIS

After onboarding, API access will be granted at our website after a vigorous screening process.

3. SUPPORT SERVICES

1. During the Support Period, Quikk shall perform the Support Services during the Support Hours in accordance with the Service Levels.
2. As part of the Support Services, Quikk shall:
   1. provide Help Desk Support by means of the following e-mail address support@quikk.dev;
   2. commit appropriate resources to the provision of Higher-Level Support;
   3. where Help Desk Support is not provided within the relevant Service Level response time and the User escalates its Support Request to an individual of appropriate qualification or experience on the Contact List, provide Higher-Level Support;
   4. use Commercially Reasonable Efforts to:
      • correct all Operational Faults notified under Paragraph 6; and
      • mitigate against all Vulnerabilities notified to Quikk or detected by Quikk;
      • provide technical support for the Services in accordance with the Service Levels; and
      • monitor the Quikk APIs on a continuous basis during the Support Hours for Vulnerabilities.
   5. provide technical support for the Services in accordance with the Service Levels; and
   6. monitor the Quikk APIs on a continuous basis during the Support Hours for Vulnerabilities.
3. Any Higher-level Support requested by the User to be provided by an individual whose qualification or experience is greater than that reasonably necessary to resolve the relevant Support Request shall be deemed an Out-of-scope Service, provided that an appropriately qualified or experienced individual was available at the time when the Higher-level Support was sought.
4. Quikk, in consultation with the user on the content and billing, may reasonably determine that particular service(s) fall under the Out of Scope Services realm. Upon such determination by both parties, a solution to the particular service(s) agreed to under Out of Scope Service(s) may be provided by Quikk with consent from the user.
5. The User acknowledges that Quikk is not obliged to provide Out-of-scope Services.

4. SERVICE LEVELS

The following are the errors anticipated on the Quikk Portal

Error	Solution
Request timed out at STK proxy	Mpesa systems faulty, retry.
The element AccountReference is invalid	Account provided in reference field is invalid. Maybe you need to shorten Account reference and transaction description to around 10 chars
Organization receiving the payment is unavailable	Mpesa could be down, maybe retry?
Invalid Input parameter ‘Prompt message prefix’, length should be less than 94 characters	You need to shorten Account reference and transaction description to around 10 chars
No paybill verification data found	You are either using the wrong paybill details, paybill is not active or you are using a child paybill.
Duplicate stk callbacks from Safaricom	Handle that internally
Error Occurred: Spike Arrest Violation	Maybe retry?
No Mpesa STK Prompt	Possibly insufficient funds - check mpesa callback

5. SUBMITTING SUPPORT REQUESTS AND ACCESS

1. The User may request Support Services by way of a Support Request via WhatsApp and Slack channels that will be provided by Quikk.
2. Each Support Request shall include a description of the Operational Fault or Vulnerability and, where relevant, the start time of the incident.
3. The User shall provide Quikk with:
   1. prompt notice of any Faults which it becomes aware of; and
   2. such output and other data, documents, information, assistance and (subject to compliance with all user's security and encryption requirements notified to Quikk in writing) remote access to the User System, as are reasonably necessary to assist Quikk to reproduce operating conditions similar to those present when the user detected the relevant Operational Fault and to respond to the relevant Support Request.
4. Save for where Quikk reasonably determines that it requires access to the User Site to provide the relevant Support Service, all Support Services shall be provided on an off-site basis (such as over the telephone or by e-mail) from Quikk's office.
5. The User acknowledges that, to properly assess and resolve Support Requests, it may be necessary to permit Quikk direct access at the User Site to the User System and the User's files, equipment and personnel.
6. The User shall provide such access promptly, provided that Quikk complies with all the user's reasonable security requirements and other policies and procedures relating to contractors entering and working on the user Site notified to Quikk in writing 48 hours (during working days between Monday to Friday) in advance.
7. We offer different levels of support to meet different types of needs

Level	Time period to initial response
Urgent	30 minutes (during waking hours)
Important	24 hours (during working days)
Semi-Important	48 hours (during working days)

6. FEES

The provision of Support Services on a remote, off-site basis (such as over the telephone or by e-mail) within the Support Period shall not be included in the Support Fees.

Quikk deducts fees automatically through the defined payment structure (e.g. M-Pesa shortcode) on a weekly basis.