Brolly Service Level Agreement — Australia and New Zealand
Published: 27 August 2026
Effective date: 1 September 2026
This Service Level Agreement (“SLA”) is issued by Brolly Australasia Pty Ltd (ABN 66 633 439 577) (“Brolly”, “we”, “us” or “our”). It forms part of the agreement governing a Customer’s purchase and use of the Services under the Brolly Terms of Service (“Terms”).
Capitalised terms not defined in this SLA have the meanings given in the Terms. This SLA applies only to paid Services during an active Subscription Period. It does not apply to trials, evaluation access, beta features or no-charge Services unless an Order expressly states otherwise. An Order may state a different service level, support arrangement or remedy and prevails to the extent of that difference.
1. Definitions
In this SLA:
Covered Service means the production Brolly hosted application and the Brolly-operated systems and APIs used to provide its material core functionality, including Brolly-controlled capture, access, search and export functions. It excludes public websites, the support portal, documentation, beta or evaluation features, and Connected Services operated by third parties.
Eligible Minutes means the total whole minutes in a calendar month during which Customer had an active right to use the Covered Service, excluding minutes attributable to an Excluded Event.
Excluded Event means an event described in section 5.
Scheduled Maintenance means maintenance that Brolly identifies in advance through an email, in-service message, support notice or other reasonable notice to affected Customers.
Service Availability means the percentage calculated for a calendar month as follows:
> Service Availability = (Eligible Minutes − Unavailable Minutes) ÷ Eligible Minutes × 100
Service Credit means additional days of the affected paid Services added to the end of Customer’s Subscription Period at no charge.
Unavailable Minute means a whole minute during which Customer cannot log in to the Covered Service, or material core functionality of the Covered Service is unavailable to Customer, because of a failure in systems operated or controlled by Brolly. A severe partial or intermittent failure counts where it has substantially the same effect. Unavailability of Brolly-controlled capture is included where the failure materially prevents the Covered Service from performing that capture.
2. Service Availability commitment
Brolly will provide at least 99.9% Service Availability in each calendar month.
This commitment applies to the Covered Service as a whole. It does not promise that each individual feature, Connected Service or item of content will be continuously available or captured. A Connected Service may limit, delay, change or stop making content available independently of Brolly.
For illustration only, 99.9% availability permits approximately 43 minutes and 12 seconds of Unavailable Minutes in a 30-day month, after Excluded Events are removed from the calculation.
3. Measurement
Brolly will calculate Service Availability using its production monitoring, incident records and other reasonably available technical evidence. If Customer provides reasonable evidence of an incident that Brolly’s monitoring did not detect, Brolly will consider that evidence in good faith.
An Unavailable Minute begins when the failure began, as established by Brolly’s monitoring, a verified Customer report or other reasonably available evidence — whichever establishes the earliest start time. It ends when the affected material functionality is restored. A minute excluded under section 5 is not an Unavailable Minute and is also excluded from Eligible Minutes; no minute is counted more than once.
Where only part of the Covered Service or a subset of Customers is affected, Brolly will assess availability for the affected Customer and functionality. Availability percentages are rounded to three decimal places only after the calculation is completed. Whether the commitment was met, and which Service Credit tier applies, are determined from the unrounded figure; rounding is applied for reporting only.
4. Maintenance
Brolly will schedule maintenance to minimise avoidable disruption. Where reasonably possible, Brolly will give at least 24 hours’ notice of Scheduled Maintenance expected to exceed 30 minutes.
Brolly may perform urgent maintenance without advance notice where reasonably necessary to address an actual or imminent security, integrity or material stability risk. Brolly will give affected Customers notice as soon as reasonably practicable.
Scheduled Maintenance and qualifying urgent maintenance are Excluded Events. Brolly does not guarantee that capture will continue during maintenance, but will use reasonable efforts to minimise interruption to Brolly-controlled capture.
5. Excluded Events
Unavailability is excluded from the Service Availability calculation only to the extent caused by:
- Scheduled Maintenance or urgent maintenance carried out in accordance with section 4;
- an outage, restriction, delay or change in a Connected Service or its API, including Facebook, Instagram, Threads, X, YouTube, LinkedIn, TikTok or another supported platform, where the event is outside Brolly’s reasonable control;
- Customer’s systems, internet connection, equipment, credentials, configuration, acts or omissions, or Customer’s breach of the agreement;
- use of the Services outside the Documentation or an Order;
- suspension or restriction permitted under the Terms;
- a force-majeure event under the Terms; or
- a trial, beta, evaluation or no-charge feature that an Order does not expressly bring within this SLA.
An exclusion applies only to the extent the Excluded Event caused the unavailability. It does not exclude a failure to the extent caused by Brolly’s breach of the agreement or failure of a system operated or controlled by Brolly.
6. Service Credits
If Service Availability falls below 99.9% in a calendar month, Customer may receive the following Service Credit for the affected Services:
| Monthly Service Availability | Service Credit |
|---|---|
| 99.000% or more, but less than 99.900% | 2 days |
| 95.000% or more, but less than 99.000% | 5 days |
| Less than 95.000% | 10 days |
Only one tier applies for each calendar month. The aggregate maximum Service Credit for a calendar month is 10 days, even if there are multiple incidents or affected features.
A Service Credit extends access to the affected paid Services and is not a cash refund. It cannot be exchanged for money, transferred to another Customer or applied against amounts already due. If Customer has given notice not to renew, an approved Service Credit extends the scheduled expiry of the affected Services by the credited number of days unless the parties agree another lawful application in writing.
7. Requesting a Service Credit
Customer must request a Service Credit within 30 days after the end of the affected calendar month by emailing support@brolly.com.au with the subject Service Credit Request.
The request should identify:
- Customer’s organisation and account;
- the affected dates and approximate times, including time zone;
- the affected functionality and observed impact; and
- any incident or support-ticket reference.
Brolly may request information reasonably required to verify the claim. Brolly will review the request against the calculation in section 3 and notify Customer of the outcome. Customer forfeits the Service Credit if it does not submit the request within the claim period, except to the extent applicable law does not permit that result.
Subject to rights and remedies that cannot lawfully be excluded or limited, Service Credits are Customer’s sole and exclusive remedy for Brolly’s failure to meet the Service Availability commitment. This does not limit remedies for a separate breach of the agreement that is not merely a failure to meet that commitment.
8. Support
Customers may submit support requests at any time through the Brolly support portal or by emailing support@brolly.com.au. Brolly reviews and responds to requests during its applicable support hours and prioritises incidents affecting capture or broad access to the Covered Service.
No initial-response or resolution time is guaranteed unless an Order expressly states one. Support targets are not included in the Service Availability calculation.
9. General
Nothing in this SLA excludes, restricts or modifies a right, guarantee or remedy that cannot lawfully be excluded, restricted or modified, including under the Australian Consumer Law or applicable New Zealand law.
If this SLA reduces a previously published credit maximum or other remedy, the reduction takes effect for an existing Subscription Period at its next renewal. The agreement’s provisions on precedence, liability, force majeure, changes, notices, governing law and disputes apply to this SLA. If Brolly changes this SLA, the change takes effect in accordance with the Terms and does not override a different commitment in an Order.
10. Contact
Questions, incident reports and Service Credit requests may be sent to:
Brolly Support