This Service Level Agreement (“SLA”) supplements and forms an integral part of the Agreement between Customer and the applicable FADEL contracting entity (“FADEL”). This SLA reflects the Parties’ agreement with regard to the uptime and support efforts for the Product(s) purchased from and managed by FADEL, as described in the applicable Agreement. Any capitalized terms used in this SLA without definition shall have the meanings given to them in the Agreement.
FADEL guarantees 99.5% uptime each calendar month, 24 hours a day, 7 days a week (“Service Hours”). Uptime is measured based on the monthly average of availability rounded down to the nearest minute.
Uptime is calculated as follows:
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Uptime = |
Service Hours – Downtime (as defined in Section 2) |
* 100% |
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Service Hours |
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Downtime is the period of time during which the Product is unavailable to Customer. The Product is unavailable when it is offline or not operational.
Downtime does not include urgent maintenance for which less than 24 hours’ notice was provided to affected Customers or for Scheduled Maintenance, as defined in Section 3 of this SLA.
FADEL will be required from time to time to perform maintenance to keep providing the Product(s) (“Scheduled Maintenance”) and will use commercially reasonable efforts to:
● Announce Scheduled Maintenance at least 5 calendar days in advance; and
● Limit interruptions from Scheduled Maintenance where possible.
Should uptime fall below 99.5% in any calendar month, FADEL will pay liquidated damages in the form of additional subscription days ("Additional Subscription Days"), which are calculated as follows:
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Uptime < 99.0% |
Additional Subscription Days are equal to the total number of days of the applicable month (month in which uptime fell below 99.0%) |
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Uptime ≥ 99.0% and less than 99.5% |
99.5% - uptime % * number of days of the applicable month * 50% |
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Uptime ≥ 99.5% |
Additional Subscription Days are not applicable |
To apply for Additional Subscription Days under this SLA, Customer must open a ticket on our Support Portal, https://support.fadel.com, within 30 calendar days of the end of the applicable month with the subject line “SLA Additional Subscription Days”. The request must include the dates and times of the Downtime for which Additional Subscription Days are being requested.
Additional Subscription Days are the sole and exclusive remedy for FADEL’s failure to meet the uptime. Each month, Additional Subscription Days are capped at the total number of days in the applicable month. Customer cannot claim any Additional Subscription Days if there are outstanding invoices and all Additional Subscription Days expire upon termination or expiration of the Agreement.
Additional Subscription Days may be applicable only for the Professional and Enterprise Support packages.
In the event that Customer experiences an issue and notifies FADEL (”Issue”), FADEL will undertake commercially reasonable efforts to address the Issue. Neither FADEL nor its agents make any specific promises about time frames to address Issues. The following support package response and target resolution times apply to Production environments only:
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Support Level Response Time |
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Issue Type |
Issue severity |
Enterprise (24x7) |
Professional (M-F 5x24) |
Resolution Time |
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Urgent (P1) |
Product not available for use or having an average response time over 60 seconds for a period of at least 30 minutes) (“Long Loading Times”) |
Within 1 hour after receiving Issue |
Within 4 hours after receiving Issue |
Within 4 hours after Issue validation |
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High (P2) |
Module(s) or Upload, Download, Search, Reporting, Tracking, or API (each a “Significant Functionality”) not available |
Within 24 hours after receiving Issue |
Within 24 hours after receiving Issue |
Within 24 hours after Issue validation |
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Medium (P3) |
Module(s) or Significant Functionality malfunction, is not available but a workaround is available |
Within 4 calendar days after receiving Issue |
Within 7 calendar days after receiving Issue |
Within 6 weeks after Issue validation |
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Low (P4) |
Less important elements of the Product have ceased to respond completely or malfunction |
Within 4 calendar days after receiving Issue |
Within 7 calendar days after receiving Issue |
Best effort |
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For Standard Support package Customers, FADEL will use commercially reasonable
efforts to resolve each significant failure by providing either a reasonable
workaround or a solution for how FADEL will address the failure. Standard
Support hours are Monday - Friday 8am - 6pm ET for US customers and CET for
EMEA customers, excluding US Holidays. If your Agreement does not define a
specific support package, the Standard Support package will be applicable.
If Customer’s question is not resolved via “Knowledge Base” on our Support Portal, support.fadel.com, FADEL Support can be engaged by opening at ticket on the Support Portal (English only).
FADEL makes full backups of all Customer Data stored in databases on a daily basis. Files are stored across multiple availability zones within one or more regions, where FADEL relies on the guaranteed durability of 99.999999999% for file storage provided by AWS and GCS.
In the (unlikely) event of damage or outage at FADEL’s data hosting locations, FADEL will restore Customer Data from the most recent backup. This will be treated as an Urgent (P1) Issue. At Customer’s request, a backup or a part of a backup can be restored for a fee charged on a time and material basis in accordance with the rates for Professional Services.
FADEL will make new versions, releases, and updates to the Product available to: (i) solve defects and/or errors, (ii) keep the Product up to date with market developments, or (iii) otherwise improve the Product. FADEL will only support the most recent version of the Product.
FADEL’s failure to attain to the uptime and support efforts set out in this SLA will not be considered as a breach of this SLA, if such failure is caused, directly or indirectly, by:
● Scheduled Maintenance;
● FADEL following instructions from Customer or its User(s);
● A breach of Customer or its User(s) of its obligations under the Agreement;
● Customer preventing or delaying FADEL from performing maintenance on the Product;
● Third Party Products;
● User(s) adding, deleting, or assigning improper rights to Users;
● Factors outside of FADEL’s reasonable control, including but not limited to, force majeure events, failures of the internet and governmental requirements.
FADEL may revise this SLA from time to time. The most current version will be available at https://www.fadel.com/legal/service-level-agreement.html. If the revision, in FADEL’s sole discretion, is material, FADEL will notify Customer of such change. If Customer does not wish to be bound by such revision, Customer must notify FADEL at legal@fadel.com within 30 calendar days of receiving the updated SLA of Customer’s objection and Customer will remain subject to the prior SLA until termination or expiration of any applicable Term, as defined in the Agreement.
Updated: 05 March 2023