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Description of Solutions and Fees

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Description of solutions and fees

Last updated: April 2019

A. Solutions Description: The Solutions shall be comprised of the following:

  1. Use of the Mono editing tool, pursuant to which Company can design or enable its Customers to design websites, which may include CRM, E-mail Marketing, E-Commerce, Scheduling and On-Site engagement functionality;
  2. Mono shall ensure that Company has the use of a white label instance of all Customer facing interfaces and platforms including the editing tools and any dashboards that are included in the Solutions, as made generally available by Mono from time to time. The Company’s white label environment shall enable the creation and editing of sites in any language supported by the Solutions
  3. Use of the Mono reseller administration interface (RAI), extranet services and Approved APIs, pursuant to which Company can administer and manage the accounts of its Customers utilizing the Solutions, including set-up, billing, renewals, data import and export, and integration with Company’s own systems and utilities, as well as setting user permissions for Company Designated Users and Customers; 
  4. Hosting of the websites, Customer Data and Company Data, in a managed server environment in accordance with the Service Level Agreement, subject at all times to the right of Company to select an alternative hosting platform for use of certain portions of the Solutions. 
  5. Support for the Solutions in accordance with the Service Level Agreement. Company shall be responsible for 1st and 2nd level support to its Customers and Mono shall be responsible for 3rd level support responding to the Company (only) according to the Service Level Agreement. 
  6. The ability to provide its existing and prospective Customers with free trial periods for certain of the Solutions for free trial periods of up to sixty (60) days (“Free Trial Services”). In connection with the Free Trial Services, the Company shall utilize such free trial periods in good faith and only for the purpose of inducing Customers to purchase access to the Solutions. Regardless of whether the sixty (60) day free trial period has lapsed, the Parties agree that once the Company starts charging a Customer for a Solution, the Solution provided on a free trial basis will thereafter be included in the calculation of Fees payable pursuant to Section 3 of the Agreement. If a free trial Solution is not closed or converted to a paid Solution upon the end of the sixty (60) day free trial period, such Solution will automatically be terminated and Company Data shall be deleted or returned to the Company at the request of the Company as set out in the DPA. During a free trial period, Mono shall act in good faith to support the full use of and access to the Solutions in the same manner it does for paying Customers of Company for the purpose of enabling the effective launch of a Customer’s use of a Solution to coincide with the completion of construction of same and to market such services to its Customers or prospective Customers, subject at all times to the terms of the Agreement, including without limitation, the EULA Requirements.

For clarity, the Third Party Services and any Technology provided in connection with such Third Party Services shall not be included in the Solutions described herein.