Service Level Agreement for InformaCast Fusion and InformaCast Mobile SaaS

Singlewire strives to make the Service continuously available, 100% of the time.

In the event we fall short of that goal, under the terms of this Service Level Agreement (“SLA”), Singlewire will provide Customer a Service Credit in the event the Service is Available less than 99.99% of the time (the “Service Commitment”).

“Service Level Failure” means a failure of the Service to meet the Service Commitment.

“Available” means the Service is available for access and use by Customer and its Users to send Notifications in accordance with the Documentation.

The Service Commitment is a fraction, where the numerator is the number of minutes in a given calendar month (“Service Period”) that the Service is Available and the denominator is the number of minutes in such calendar month minus the number of minutes in which Exceptions occur.

“Scheduled Maintenance” means time during which the Service is un-Available due to maintenance for which Singlewire has provided at least twenty-four (24) hours advance notice via email to Customer. Singlewire will use commercially reasonable efforts to conduct Scheduled Maintenance in windows of ten (10) minutes or less during low usage time.

For purposes of calculating the Service Commitment, the following are “Exceptions” to the Service Commitment, and the Service will not be considered un-Available due, in whole or in part, to any: (a) periods of Scheduled Maintenance; (b) use of the Service that does not comply with the Documentation; (c) delay or failure of performance caused in whole or in part by Customer’s delay in performing, or failure to perform, any of its obligations under the Agreement; (d) failure of Customer’s or its Users’ network, Internet, hardware, software or systems; (e) circumstances beyond Singlewire’s reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, and denial of service attacks; or (f) Singlewire’s permitted disabling, suspension or termination of the Service pursuant to the Agreement.

In the event of a Service Level Failure, Singlewire shall issue a credit to Customer in the amount of a percentage of the fees paid by Customer for the applicable Service for the Service Period in which the Service Level Failure occurred as follows (a “Service Credit”):

Service Period Availability Service Credit Percentage
< 99.99% and ≥ 99.0% 10%
< 99.0% 25%

The Service Credit Percentages above are not cumulative.

To receive a Service Credit, Customer must submit a claim by emailing [email protected]. To be eligible, the claim must be received by Singlewire by the end of the calendar month following the Service Period in which the Service Level Failure occurred and include the words “SLA Credit Request” in the subject line and the dates and times of each incident that Customer is claiming. If the Service Level Failure is confirmed by Singlewire, Singlewire will issue the Service Credit to Customer within one (1) calendar month following the receipt of Customer’s claim.

Singlewire will apply any Service Credits to future sums for the Service otherwise payable by Customer to Singlewire. In the event Service Credits remain at the conclusion of a subscription term and no sums from Customer to Singlewire are due for the Service, a check will be issued.

Customer agrees that this SLA sets forth Singlewire’s sole obligation and liability and Customer’s sole remedy for any Service Level Failure.

Updated March 2018