Service Level Agreement

This Service Level Agreement (“SLA”) is subject to and made a part of the Subscription Terms and Conditions between the parties (the “Agreement”).  Capitalized terms not defined herein shall have the meanings ascribed to them in the Agreement.

Availability: Service Provider shall use commercially reasonable efforts to make the Services available at least 99.99% during any monthly period (“SLA Commitment”). Availability is calculated as follows:

Availability % = ((total available time + total planned downtime hours + downtime exclusion hours) / total hours)*100

Notwithstanding the foregoing, the SLA Commitment applies to circumstances within Service Provider’s reasonable control, and does not apply to downtime attributable to Amazon Web Services, integrations with Customer’s ERP or other third-party providers, or issues related to Customer’s use of the Services.

Downtime: The Services may be unavailable for scheduled maintenance on the 2nd Sunday of each month, from 7 A.M. to 12:00 P.M.  In addition, for any unplanned downtime and system maintenance, Service Provider shall endeavor to provide reasonable advance prior notice. Alterations to maintenance windows, including the addition of maintenance windows is the sole discretion of MFGx, however, Customer will be notified of such events in advance so proper coordination can take place.

Slowness/Performance Degradation: The services provided could experience intermittent slowness, blockages and or service degradation. In nearly every circumstance this is not considered a system level concern and is not a reflection upon the platform itself, these scenarios are dependent upon your specific use case and implementation – volume of transactions, number of users, data usage, etc. These occurrences do not fall under what is considered a critical support request. Your subscription level to the Fuuz platform dictates the ‘service tier’ made available to your tenants, which is based on your initial project scope. Please inquire with our sales team (sales@mfgx.io) if you wish to discuss increasing the service tiers to improve your system performance and scalability. This is standard practice for any platform as a service and our goal is to provide you with the best quality experience in exchange for the best value.

Service Tier: The base Service Tier for the Fuuz Gold Level, provides a monthly transactional volume of up to 100,000. You may experience slowness as your usage approaches the upper limit of the Service Tier. This is is on a per tenant basis, running large scale projects on a single tenant either require the addition of tenants, increasing your base subscription/service tier, or requesting a private cloud solution. *Future system enhancements will provide you with direct monitoring of the transaction volume for your tenants – you can currently do this by generating your own graphQL queries with date bound ranges to determine transactions across all of your data models. Please be aware that referencing the number of records added does not correlate directly to the number of transactions, this can be exponentially more, when you take into consideration your Flows, number of processing nodes, number of integrations/connectors, etc.

Service Credits: Should Service Provider fail meet the SLA Commitment during any month, as confirmed by Service Provider, Customer, as its sole and exclusive remedy associated with such failure, will earn a service level credit which can be applied toward a future year’s Subscription Fees as follows:

  • Availability of 99.0% – 99.98% = 10% of annual Subscription Fees, divided by 12
  • Availability of less than 99.0% = 20% of annual Subscription Fees, divided by 12

Reporting, Claims and Notices: To claim a service level credit under this SLA, Customer shall send to Service Provider a written request within ten (10) business days after the  end of the applicable month. Service Provider’s records shall be dispositive regarding any disputes regarding availability.

Exceptions

Customer shall not receive any credits under this SLA in connection with any failure or deficiency of Service Availability caused by or associated with:

circumstances beyond MFGx’s reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, virus attacks or hackers or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of this SLA;

scheduled maintenance, upgrades and emergency maintenance;

any DNS or Domain Registry issues outside the direct control of MFGx including DNS and Registry propagation issues and expiration;

Issues pertaining to other 3rd party applications, such as ERPs, databases, PLCs, servers, etc. which are outside the control of the Fuuz Platform. Downtime caused by changes that are implemented by the Customer or any other 3rd Party without prior advanced notice to MFGx. Any such changes that you’re made aware of from any 3rd party should be communicated to MFGx no less than 90 days prior to the implementation of such change.

Customer’s acts or omissions (or acts or omissions of others engaged or authorized by customer), including, without limitation, custom scripting or coding (e.g., Integrations, Flows, Schema, UI, etc.) by customer or others, any negligence, willful misconduct, or use of the customer’s account in breach of MFGx’s Subscription Terms and Conditions;

Acts or omissions of other customers (or acts or omissions of others engaged or authorized by other customers) sharing the affected server(s) with customer, including, without limitation, custom scripting or coding (e.g., Integrations, Flows, Schema, UIs, etc) created by customer or others, any negligence, willful misconduct, or use of the other customers’ account in breach of MFGx’s Subscription Terms and Conditions ;

outages elsewhere on the Internet that hinder access to your account. MFGx is not responsible for browser, DNS, or other caching that may make your account appear inaccessible when others can still access it. MFGx will guarantee only those areas of the Internet considered under the control of MFGx: MFGx servers’ links to the Internet, MFGx’s routers, and MFGx’s servers themselves.