Service Level Agreement

 

Simplifi, Simplifi Cloud, and its subsidiaries provide cutting-edge technology via Hardware and Software solutions. The Hardware devices are protected by our Warranty terms found at www.simplifi.io/warranty. 

Simplifi-Cloud-Services Service Level Agreement 

Our suite of software services includes programs, mobile applications, SRMP, SEMP, Simplifi Cloud, and other cloud-based applications. All foregoing services mentioned below as “Simplifi-Cloud-Services”.

During the Term of the applicable Simplifi-Cloud-Services Agreement (the “Agreement”), the Covered Services will be operational and available to Customer at least 99.0% of the time in any thirty (30) day period (the “Simplifi-Cloud-Services SLA commitment”). If Simplifi-Cloud-Services does not meet the SLA commitment, and if the Customer meets its obligations under this Simplifi-Cloud-Services SLA, the Customer will be eligible to receive the Service Credits described below. This Simplifi-Cloud-Services SLA commitment states the Customer’s sole and exclusive remedy for any failure by Simplifi, to meet the Simplifi-Cloud-Services SLA commitment.

Definitions. The following definitions shall apply to the Simplifi-Cloud-Services SLA:

  • “Downtime” means, for any organization, if there is more than a five (5) percent user error rate. Downtime is measured based on server-side error rate.
  • “Simplifi Cloud Services Covered Services” means the hosted portion of the platform. This does not include any physical gateways, servers, connected end point devices, or the client software component of, deployed by the customer in support of their managed services.
  • “Monthly Up-time Percentage” means total number of minutes in a thirty (30) day period minus the number of minutes of Downtime suffered in the same thirty (30) day period divided by the total number of minutes in the same thirty (30) day period.
  • “Service” means the Simplifi-Cloud-Services Platform that is hosted by Simplifi-Cloud-Services in its facilities or facilities that are managed by Simplifi for the purpose of providing the core Simplifi-Cloud-Services platform services provided to Customer under the Agreement. “Service Exception Period” means the following:
    • Network maintenance activities scheduled during off-hours to install or upgrade network capability.
    • Scheduled maintenance will not contribute to the calculation of Downtime, and customer will not receive Service Credits for these activities
    • Service Exception Periods will not exceed one (1) hour within any thirty (30) day period, or twelve (12) hours in a calendar year
  • “Service Credit” means the following:
    • Monthly Uptime Percentage Service Credit – (Listed in days, but converted based on customer rates)
      < 99.9% – >= 99.0% 2
      < 99.0% – >= 95.0% 5
      < 95.0% 12
  • Customer must request service credit. In order to receive any of the Service Credits described above, Customer must notify Simplifi within thirty 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.
  • Maximum Service Credit. The aggregate maximum number of Service Credits to be issued by Simplifi to Customer for all Downtime that occurs in a single thirty (30) day period shall not exceed twelve (12) days of Service. All credits will be applied to future use of the Simplifi-Cloud-Services platform service, and will not be applied against services that have already been purchased.
  • Simplifi-Cloud-Services platform SLA Exclusions. The Simplifi-Cloud-Services platform SLA commitment does not apply to any services that expressly exclude this Simplifi-Cloud-Services platform SLA (as stated in the documentation for such services) or any performance issues: ( i ) caused by factors described in the “Force Majeure” section of the Agreement; or (ii) that resulted from Customer’s equipment or third party equipment, or both (not within the primary control of Simplifi).
  • Monitoring. Simplifi will provide 24/7 proactive monitoring of the Simplifi-Cloud-Services platform and will extend to all customers the ability to view the current health and statistics of the environment.
  • Service Response Goals. Simplifi will provide reasonable responses for the various problems reported under the following guidelines.
    • Severity 1 – Indicates the inability of the user to use the Simplifi-Cloud-Services platform, resulting in a critical impact on their operation.
      • Response: Within eight (8) hours.
    • Severity 2 – Indicates the user is able to use the Simplifi-Cloud-Services, but some functions, which are not critical to the overall operation, are not functioning.
      • Response: Next Business Day.
    • Severity 3 – Indicates the user is able to use the Simplifi-Cloud-Services service, but there is a functional issue for which there is a reasonable workaround.
      • Response: Five (5) Business Days.
  • Software End-of-Life. Simplifi will only maintain software revision compatibility on the ‘public’ Simplifi-Cloud-Services platform for two (2) revisions, which may require customers on this ‘public’ service platform to upgrade their platform software. Simplifi will provide twenty (20) day notification of this requirement.

Last Edited on 03/15/2022

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US Patent Nos. 8676254, 9402326, 9485116, and 11974173 with other US and International patents pending.