Fast Simon Service Level Agreement

Last Updated: June 1, 2020

FAST SIMON PROVIDES THE FOLLOWING GUARANTEES FOR THE AVAILABILITY OF SERVICES

If Fast Simon does not meet this Service Level Agreement (“SLA”), and if Subscriber meets its obligations under this SLA, Subscriber will be eligible to receive the invoice credits described below. This SLA states Subscriber’s sole and exclusive remedy for any failure by Fast Simon to meet the SLA.

Invoice credits are calculated as follows in case of an SLA breach:

  • Growth Plan:
    • Monthly Guaranteed Uptime = 99.99%
    • Monthly Credit = 25% of the Plan Price for the applicable month
  • Enterprise Plan:
    • Monthly Guaranteed Uptime = 99.99%
    • Monthly Cap = 25% of the Plan Price for the applicable month
  • Premium SLA (available for purchase):
    • Monthly Guaranteed Uptime = 99.999%
    • Monthly Cap = 50% of the Plan Price for the applicable month

Invoice Credits Terms and Conditions:

Credits will be made in the form of a monetary credit applied to future use of the Service. A pending credit does not release a Subscriber from its obligation to pay Fast Simon invoices submitted for payment in full when due. In order for a Subscriber to be eligible to receive a credit under this SLA, the Customer must use the latest version of Fast Simon API Clients. Service Credits may not be exchanged for, or converted to, monetary compensation. Service degradation or suspension as a result of a Subscriber’s exceeding limits under an applicable Fast Simon Plan is not considered as an Outage covered by this SLA. Additional conditions apply as defined in Fast Simon’s Terms of Service or Subscriber’s subscription agreement.

Definitions

“Monthly Cap” means the maximum aggregate number of invoice credits issued by Fast Simon to Subscriber for all Outages in a single billing month.

“Monthly Guaranteed Uptime” means the total number of minutes in a month, minus the number of minutes of Outage suffered from all Outages in a month, divided by the total number of minutes in a month and expressed as a percentage.

“Outage” means the search function of the Fast Simon Services is unavailable.

“Plan Price” means the base monthly subscription fee for the applicable Fast Simon Plan, exclusive of any fees related to add-ons or excess usage.

“SLA” means this Service Level Agreement.

Fast Simon will provide at least thirty (30) days’ advance notice for changes to the SLA that affect a Subscriber’s Plan by either: (i) sending an email to Subscriber’s point of contact for notices; (ii) posting a notice in the Fast Simon Dashboard; or (iii) posting a notice to the applicable SLA webpage. If a change to the SLA has a material adverse impact on Subscriber and Subscriber does not agree to the change, the Subscriber shall have the right to terminate the corresponding service order within thirty (30) days of notice of such change from Fast Simon.

This SLA applies to customers who subscribe to the listed plans on or after the date of last update. The changes are not retroactive. If you are an existing customer as of that date, a description of your support service may be found below.