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PRODUCT-SPECIFIC TERMS FOR CIVICORE GIVES DAY PRODUCT
Last Updated: October 2019
These Neon One Product-Specific Terms for the CiviCore Gives Day Product (these “CiviCore Gives Day Terms“), which are Additional Terms subject to the Neon One General Terms of Service made available athttps://neonone.com/termsofservice/ (the “Terms of Service”), set forth the terms and conditions upon which CiviCore (“CiviCore“, “we” or “us”) offers you, our end-users (“Customer“, “you” or “your”), access to CiviCore’s Gives Day product made available through the Site and/or any CiviCore mobile application (“Gives Day Product”). Access to the Gives Day Product is provided solely in accordance with, and subject to these CiviCore Gives Day Terms, the Terms of Service, the Sales Order, and any other Additional Terms. Capitalized terms used in these CiviCore Gives Day Terms and not otherwise defined herein shall have the meanings provided in the Terms of Service.
This is a legally enforceable contract. By submitting or otherwise agreeing to a Sales Order, clicking “I Agree” to the Terms of Service or by accessing or otherwise using the Gives Day Product, you agree to be bound by these CiviCore Gives Day Terms, the Terms of Service, the Sales Order, and any other applicable Additional Terms. If you do not agree to all such terms, do not access or use the Gives Day Product.
From time to time, Neon One may modify these CiviCore Gives Day Terms in the same manner in which the Term of Service may be modified in accordance with the terms thereof.
1. GIVES DAY PRODUCT SERVICE LEVEL AGREEMENT
1.1 Effect on Standard Neon One SLA. Notwithstanding anything to the contrary, this Gives Day Product Service Level Agreement shall supersede and replace the service level commitments set forth in the Neon One SLA and Security Policy solely with respect to the CiviCore Gives Day Product.
1.2 CiviCore Gives Day Product SLA. CiviCore is committed to working with our clients to host their Giving Event with 99.99% Monthly Uptime Percentage (the “SLA”). As such, we work very hard to: (1) build systems on a reliable technology platform consistent with then-current industry standards, and (2) put multiple backup options in place in the event of a failure.
1.3 Definitions. The following definitions shall apply to this SLA.
1.3.1 “Downtime” includes the CiviCore Gives Day Product is unavailable due to the following types of issues:
- Authorized Users experience more than a five percent user error rate. User error is calculated by CiviCore using external server monitoring software, based on results from ping tests, web server tests, TCP port tests, and website tests. Downtime is measured based on server-side error rate.
- Website performance for the CiviCore Gives Day Product is degraded. Performance degradation is defined as average page load times of more than 3 seconds for a period of 15 minutes.
- Technical issues impact donations whereby over 10% of donation attempts fail when attempted at least twice by a donor.
1.3.2 “Downtime Periods” means the period during which the CiviCore Gives Day Product is experiencing Downtime, but specifically excluding any unavailability due to Emergency Downtime or Scheduled Downtime.
1.3.3 “Emergency Downtime” means those times when CiviCore becomes aware of a vulnerability that requires immediate remediation. Based on a risk assessment of the vulnerability, CiviCore may need to make the CiviCore Gives Day Product temporarily unavailable in order to address the vulnerability quickly and comprehensively. Emergency Downtime is not considered Downtime for purposes of the calculation of the Monthly Uptime Percentage, and will not be counted towards any Downtime Periods.
1.3.4 “Monthly Uptime Percentage” means the total number of minutes in the applicable calendar month minus the number of minutes of Downtime suffered from all Downtime Periods in the calendar month, divided by the total number of minutes in the calendar month.
1.3.5 “Scheduled Downtime” means those times where CiviCore notifies you of Downtime Periods five (5) days prior to the commencement of such Downtime. There will be no more than 8 hours of Scheduled Downtime per month. Scheduled Downtime is not considered Downtime for purposes of the calculation of the Monthly Uptime Percentage, and will not be counted towards any Downtime Periods.
2. CIVICORE INSURANCE COVERAGE
2.1 CiviCore maintains the following minimum insurance coverage:
Roach, Howard, Smith and Barton (RHSB)
8750 n. Central Expressway, Suite 500
Dallas, TX 75231
COMMERCIAL GENERAL LIABILITY
|PRODUCTS – COMP/OP AGG||$2,000,000|
|PERSONAL & ADV INJURY||$1,000,000|
|MED EXP (Any one person)||$5,000|
|DAMAGE TO RENTED PREMISES (Each occurrence)||$300,000|
2.2 A Certificate of Insurance is available upon request.