Fastpath Solutions LLC Service Level Agreement

Fastpath shall provide support services for the Fastpath online software subscription services (“Services”) in accordance with the terms and conditions of this Subscription Service Level Agreement (“SLA”), and the Subscription Services Agreement. For the avoidance of doubt, this SLA does not apply to on-premise software solutions provided by Fastpath.

A. Incident Submittal

Incidents may be submitted via Fastpath’s support page. Users can click the ‘Help’ option in the header of the https://www.fastpathassure.com portal, or navigate directly https://support.fastpathassure.com, where a user can ‘Submit a request’ via a link in the header. Tickets are submitted via ZenDesk will be assigned a level of urgency based on assessment by support staff. 

Urgent requests can be submitted via email to urgent@gofastpath.com as needed. If ZenDesk is unavailable, or the support page is not functioning, please contact us via this method. 

B. Support Availability

Fastpath shall perform support services during Regular Support hours. Support during Non-Regular Support Hours via ZenDesk ticketing will be responded to in accordance with level of urgency. 

C. Support Response Times

Fastpath will respond to Incidents during Regular Support Hours as follows in accordance with level of urgency of the Incident: 

• Urgent – Within 4 hours
• Non-Urgent – Within 1 business day 

Support requests are evaluated for severity during Non-Regular Support Hours. Our aim is to respond to those requests as soon as possible. 

Urgent requests submitted during Non-Regular Support Hours will be responded to within 4 hours. 

 D. Maintenance Services Offered

Maintenance provided by Fastpath shall include updated support and maintenance for the Services on an at least annual basis, including, without limitation, delivery of current and past upgrades, patches or bug fixes. 

 E. Fastpath Service Commitment: 99.95% Uptime

Fastpath will use commercially reasonable efforts to make the Services Available with a Monthly Uptime Percentage of at least 99.95% of the time each month, excluding any SLA Exclusions as defined herein (the “Service Commitment”). Subject to Section I of this SLA, if we do not meet the Service Commitment, you will be eligible to receive a Service Credit.

F. Sole Remedy

Unless otherwise provided in the Subscription Services Agreement, your sole and exclusive remedy for Fastpath’s failure to meet the Service Commitment is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA.

G. Service Commitments and Service Credits

Fastpath will only issue Service Credits in the event that the Services are Unavailable as a result of a severe degradation in the response time of the Services. Service Credits are calculated as a percentage of the total charges due on your Fastpath invoice for the month in which Availability fails to meet the Service Commitment, applied proportionally based on Service Commitment percentage. 

We will apply any Service Credits only against future payments for the Services otherwise due from you. Service Credits will not entitle you to any refund or other payment from Fastpath. A Service Credit will be applicable and issued only if the credit amount for the applicable monthly billing cycle is greater than one hundred dollars ($100 USD). Service Credits may not be transferred or applied to any other account. 

Chronic Downtime will result in full refund for periods affected. 

 H. Service Credit Request and Payment Procedures

To receive a Service Credit, you must submit a claim by emailing support@gofastpath.com. To be eligible, the credit request must be received by us within one month of which Availability fails to meet the Service Commitment occurred and must include: 

• the words “SLA Credit Request” in the subject line; and
• the dates and times of each Unavailability incident that you are claiming.

If the Monthly Uptime Percentage of such request is confirmed by us to be less than the Service Commitment, then we will issue the Service Credit to you within one month of our confirmation. Unavailability incidents Fastpath has already issued Service Credits for pursuant to this SLA will not be considered in future calculations of the Monthly Uptime Percentage.

Your failure to provide the request as required in this Section will disqualify you from receiving a Service Credit.

 

I. Exclusions

The Service Commitment does not apply to any Unavailability:

• That results from a suspension or other remedial action, as described in the Subscription Services Agreement;
• Caused by factors outside of our reasonable control, including any force majeure event as defined in the Subscription Services Agreement;
• That results from any actions or inactions of you or any third party;
• That results from the equipment, software or other technology of you or any third party (other than third party equipment within our direct control);
• That results from Maintenance Downtime or unplanned emergency maintenance.

 

J. Definitions

For the purposes of this SLA, the following terms have the meanings set forth below. All initial capitalized terms in this SLA that are not defined in this Section shall have the respective meanings given to them in the Subscription Services Agreement. 

• “Availability” means the period of time the Services are accessible for use by Customer. The Services shall be deemed available during any period of unavailability attributed to an SLA Exclusion as defined herein. 

• “Chronic Downtime” means unavailability of the Services where such unavailability is not attributable to an SLA Exclusion for more than fifty percent of the time (50%) for two (2) months in a row. 

• “Incident” constitutes an issue, question, concern, or request submitted to support. 

• “Maintenance Downtime” means any scheduled unavailability of the Services, as communicated by Fastpath to Customer, including via email, prior to the Services becoming unavailable. 

• “Monthly Uptime Percentage” is calculated by subtracting from 100% the percentage of minutes during the month in which the Services were Unavailable. The Monthly Uptime Percentage exclude downtime resulting directly or indirectly from any SLA Exclusion. 

• “Non-Regular Support Hours” means any hours outside of Regular Support Hours. 

• “Regular Support Hours” are between 6:00am and 6:00pm (Central Standard/Daylight Time) Monday – Friday, excluding US holidays. 

• “Service Credit” means a credit denominated in US dollars, that we may credit back to an eligible account if Fastpath determines it has failed to meet the Service Commitment. 
• “SLA Exclusion(s)” means an event or circumstance of Unavailability as set forth in Section I of this SLA. 

• “Unavailable” and “Unavailability” means when the Services are not accessible for use by Customer. 

• “Urgent” means a request assigned by Fastpath support staff as “urgent” in the ZenDesk portal during Incident creation, or a request sent to urgent@gofastpath.com. Tickets submitted as “urgent” should affect the entire Services, resulting in the Unavailability of the Services when no workaround is available.