PRODUCT-SPECIFIC TERMS FOR NEON GIVING DAYS PRODUCT

Last Updated: January 12, 2021

These Product-Specific Terms for the Neon One Giving Days Product (formerly known as the CiviCore Gives Day Product) (these “Neon One Giving Days Terms“), which are Additional Terms subject to the Neon One General Terms of Service made available at https://neonone.com/termsofservice/  (the “Terms of Service”), set forth the terms and conditions upon which Neon One, LLC (“Neon One“, “we” or “us”) offers you, our end-users (“Customer”, “you” or “your”), access to Neon One’s Giving Days product (formerly known as the CiviCore Gives Day Product) made available through the Site and/or any Neon One mobile application (“Neon One Giving Days Product”).  Access to the Neon One Giving Days Product is provided solely in accordance with, and subject to these Neon One Giving Days Terms, the Terms of Service, the Sales Order, and any other Additional Terms.  For clarity, these Neon One Giving Days Terms will supersede and replace any prior Product-Specific Terms for the CiviCore Gives Day Product. Capitalized terms used in these Neon One Giving Days 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 Neon One Giving Days Product, you agree to be bound by these Neon One Giving  Days 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 Neon One Giving Days Product.  

From time to time, Neon One may modify these Neon One Giving Days Terms in the same manner in which the Term of Service may be modified in accordance with the terms thereof.

1. NEON ONE GIVING DAYS PRODUCT SERVICE LEVEL AGREEMENT

1.1 Effect on Standard Neon One SLA. Notwithstanding anything to the contrary, this Neon One Giving Days 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 Neon One Giving Days Product.

1.2 Neon One Giving Days Product SLA. Neon One 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 Neon One Giving Days 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 Neon One 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 Neon One Giving Days 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 Neon One Giving Days 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 Neon One becomes aware of a vulnerability that requires immediate remediation. Based on a risk assessment of the vulnerability, Neon One may need to make the Neon One Giving Days 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 Neon One 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. NEON ONE INSURANCE COVERAGE

2.1 Neon One maintains the following minimum insurance coverage:

PRODUCER

Roach, Howard, Smith and Barton (RHSB)

8750 n. Central Expressway, Suite 500

Dallas, TX 75231

COMMERCIAL GENERAL LIABILITY

EACH OCCURRENCE$1,000,000
PRODUCTS – COMP/OP AGG$2,000,000
GENERAL AGGREGATE$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.