Faslet Services Service Level Agreement

Faslet SLA. During the Term of the agreement under which Faslet has agreed to provide the Faslet covered services to Customer (as applicable, the "Agreement"), the Monthly Uptime Percentage will be at least 99.9% in any calendar month (the "Faslet Services SLA"). If Faslet does not meet the Faslet Services SLA, and if Customer complies with the requirements under this Faslet Services SLA, Customer will be eligible to receive the Service Credits described below. If Faslet fails to meet the Faslet Services SLA for more than 3 consecutive months, Customer is within their right to terminate their contract. This Faslet Services SLA states Customer's sole and exclusive remedy for any failure by Faslet to meet the Faslet Services SLA.

Definitions

The following definitions shall apply to the Faslet Services SLA.

"Downtime" means, for a domain, a period of time during which the user web interface for one or more Faslet Services used by Customer has more than a five percent user error rate. Downtime is measured based on server side error rate.

"Faslet Services" means the Size Me Up Assistant and associated APIs. This does not include experimental or early access features such as SIR or Smart Product Recommender, and does not include the Faslet Partner Portal.

"Monthly Uptime Percentage" means total number of minutes in a calendar month minus the number of minutes of Downtime suffered in a calendar month, divided by the total number of minutes in a calendar month.

"Service" means the Faslet Services.

"Service Credit" means the following:

“Force Majeure” Any cause beyond Faslet’s reasonable control and without the fault or negligence of Faslet, such as acts of God, acts of war or terrorism, extraordinary acts of any state, territory or political subdivision thereof, fires, storms, floods, epidemics, riots, work stoppages, third party outages, strikes (work stoppages and/or strikes of any of the parties to this Agreement are specifically excluded from the language of this section), embargoes, government restrictions, exchange or market rulings, extreme market volumes or volatility, suspension of trading (whether declared or undeclared), adverse weather or events of nature.

Terms

Customer Must Request Service Credit. In order to receive any of the Service Credits described above, Customer must notify Faslet (or, if Customer ordered Services from a Reseller, Customer may notify Customer's Reseller who must notify Faslet) by creating a support case within fourteen days from the time Customer becomes eligible to receive a Service Credit. Failure to comply with this requirement will forfeit Customer's right to receive a Service Credit. If Customer ordered Services from a Reseller and complies with this requirement, Customer will receive the applicable Service Credit from Reseller on behalf of Faslet.

Maximum Service Credit. The aggregate maximum number of Service Credits to be issued by Faslet (or, if Customer ordered Services from a Reseller, by Reseller on behalf of Faslet) to Customer for all Downtime that occurs in a single calendar month shall not exceed fifteen days of Service added to the end of Customer's term for the Service (or the value of 15 days of Service in the form of a monetary credit to a monthly-billing customer’s account). Service Credits may not be exchanged for, or converted to, monetary amounts, except for online customers being billed monthly, in which case Faslet will apply an equivalent credit on a future invoice for such Customer.

Faslet Services SLA Exclusions. This Faslet Services SLA does not apply to (i) any services that expressly exclude it (as stated in the documentation for such services), (ii) planned maintenance where a reasonable notice (>30 days)  has been given for Customer to implement graceful degradation, (iii) Customer on the Faslet XS, S, M or L plan, or (iv) any performance issues: (a) caused by factors described as "Force Majeure"; (b) that resulted from Customer's equipment/services and/or third party equipment/services, (not within the primary control of Faslet); or (c) that resulted from Customer’s or its End Users’ abuses or other behaviors that violate the Agreement.

Support response times

Within the Faslet Services SLA, we provide the following support response times: