This document outlines the Fair Use Policy of Beamery Inc and its Affiliates (the "Policy") in relation to the Customer’s use of Beamery Services that are subject to the Fair Use Policy as identified in any agreement between Beamery and its Customers. Capitalized terms used but not defined shall have the meaning prescribed to it in the Master Services Agreement or Service Terms.
2. Fair Use
2.1. This Policy regulates the fair use of the following Limits to the extent applicable as per the Order Form (“Fair Use Limits”): 2.1.1. The total number of Contacts that the Customer may have at one time in the system (“Total Contact Limit”); 2.1.2. The total number of emails that the Customer may send to Contacts in one calendar month (“Monthly Email Limit”); 2.1.3. The total number of SMS credits that the Customer may use in one calendar month (“Monthly SMS Credit Limit”); 2.1.4. The total number of pages and forms that are published and live concurrently at one time (“Total Pages and Forms Limit”); 2.1.5. The total number of events that are created and hosted in one calendar year (“Annual Event Limit”). 2.2. The Fair Use Limits are designed for enterprise business customers with normal operating patterns in the course of using Beamery Services. 2.3. Fair Use Limits are calculated by reference to the number of the Customer’s Full Users. The Customer’s total Fair Use Limit is the aggregate sum of Full Users multiplied by the number of Units Per Full User as set out below (Fair Use Limit = Full Users x Units Per User).
Fair Use Limits
|Type||Unit||Units Per User||Notes|
|Total Contact Limit||Number of Contacts||10,000||The Fair Use Limit for Total Contacts will be added to a base allowance of 500,000 Contacts.|
|Monthly Email Limit||Emails sent per month||10,000||Applies to campaign and direct emails.|
|Monthly SMS Credit Limit||SMS send and receive credits per month||750||1 SMS credit is used per each North America to North America SMS text. 3 SMS credits are used per each ex-North America to ex-North America SMS text.|
|Total Pages and Form Limit||Pages and forms published concurrently and live||10||-|
|Annual Event Limit||Events created per year||10||-|
3. Excessive Use
3.1. In the event that: (a) the Customer’s operating patterns substantially differ from the typical operating patterns of Beamery’s other comparable enterprise customers; or (b) usage above the Fair Use Limits is detected, Beamery will notify the Customer in writing and the Customer will promptly reduce its usage to levels below the Fair Use Limits or amend its operating pattern to align with the typical operating patterns of Beamery’s other comparable enterprise customers. 3.2. Notwithstanding Section 3.1, Beamery reserves the right to charge the Customer for usage above the Fair Use Limits (“Excess Charges”) at Beamery’s standard rates specified in the Order Form, or if not specified in the Order Form, as determined by Beamery from time to time. 3.3. If the Customer refuses to pay the Excess Charges as determined under Section 3.2, Beamery reserves the right to technically limit the Customer’s usage of the Beamery Services to the Fair Use Limits for the duration of the Term.