This clause sets a maximum number of times you can access the software's functions within a specific time period (for example, 1,000 requests per hour). It matters because exceeding these limits can cause your service to stop working without warning, disrupting your business. The provider includes this to prevent one customer from overloading their servers and affecting everyone else. Under UK and US contract law, if the clause is unclear about what happens when you exceed limits, a court would interpret it against the company that wrote it. You need to know your actual usage needs before signing.
Calculate your peak usage honestly—don't guess low to seem like an easy customer. Ask the provider in writing what happens if you occasionally spike above the limit (do they throttle you gradually, or cut you off completely?). Negotiate a clause that either gives you a higher limit or allows occasional overages without penalty, especially if your business is growing. ---
Frequently Asked Questions
What does this clause mean in simple terms?
This clause sets a maximum number of times you can access the software's functions within a specific time period (for example, 1,000 requests per hour).
Why should I care about this clause?
It matters because exceeding these limits can cause your service to stop working without warning, disrupting your business.
What are my options?
The provider includes this to prevent one customer from overloading their servers and affecting everyone else.
How does this affect small businesses?
Under UK and US contract law, if the clause is unclear about what happens when you exceed limits, a court would interpret it against the company that wrote it.