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SERVICE LEVEL AGREEMENT For simple.space SaaS

simple.space strives to make the Service continuously available with an uptime of 99.9%.

In the event simple.space falls short of that goal, under the terms of this Service Level Agreement (“SLA”), simple.space 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 access the simple.space SaaS platform located at https://app.simple.space. Should a defect be encountered by Customer or its Users, this will not deem the product un-Available and support should be contacted by usual means.

“Service” means the services provided to Customer by the simple.space. Including access to the SaaS platform (currently at https://app.simple.space) and other services in accordance with simple.space’s Terms of Service or alternatively, on terms as expressly agreed between Customer and simple.space.

“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 simple.space has provided at least twenty-four (24) hours advance notice via email to Customer. simple.space will use commercially reasonable efforts to conduct Scheduled Maintenance in windows of thirty (30) 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 simple.space’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) simple.space’s permitted disabling, suspension or termination of the Service pursuant to the Agreement.

In the event of a Service Level Failure, simple.space 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
< 99.9% 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 accounts@simple.space

To be eligible, the claim must be received by simple.space 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 simple.space, simple.space will issue the Service Credit to Customer within one (1) calendar month following the receipt of Customer’s claim. simple.space will apply any Service Credits to future sums for the Service otherwise payable by Customer to simple.space. In the event Service Credits remain at the conclusion of a subscription term and no sums from Customer to simple.space are due for the Service, a check will be issued.

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

Maximum Service Credit. The aggregate maximum number of Service Credits you can claim for any and all Downtime Periods that occur in a single calendar month shall not exceed thirty days of Services.

Customer is provided access to the service availability which displays a dashboard of current and historical uptime snapshots (24hrs / 7 days / 30 days)

Updated June 2018

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