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Benevate Inc. SAAS Subscription Agreement <br />EXIIIBIT A <br />Service Level Terms <br />This Exhibit A outlines the Company's commitments to provide Support Services and problem resolution regarding <br />the performance of the Software and/or Services. <br />1. Detinitions. <br />a. "Error" means a failure of the Software to perform in accordance with the Documentation, resulting in the <br />inability to use, or material restriction in the use of, the Software. <br />b. "Scheduled Downtime" means any period of time during which the Software or Services are unavailable due <br />to the Company's planned maintenance and support of the Software or Services. Scheduled Downtime is <br />excluded from the 99.5% Service Availability calculation. <br />c. "Support Services" means technical support assistance provided by Company personnel to Customer's <br />designated administrators for problem resolution, bug reporting, and/or technical assistance. <br />d. "Unscheduled Downtime" means any time the Software is not available due to an event or circumstance <br />excluding Scheduled Downtime or Force Majeure and the amount of time required by Company to resolve <br />or provide a work around for the failure of any documented feature required to complete a primary function <br />of the Software in accordance with the Documentation. <br />e. "Update" means any error correction, bug fix, patch, enhancement, improvement, update, upgrade, new <br />version, release, revision or other modification to the Software or Services provided or made available by the <br />Company pursuant to the Agreement, including, without limitation, any update designed, intended, or <br />necessary to make the Software, Services, or Customer's use thereof compliant with applicable law. <br />2. Service Availability. <br />a. Company will use commercially reasonable efforts to maintain the availability of the Software to the <br />Customer at 99.5%. All Updates will be completed outside of standard business hours (same as Support <br />Hours). Notification of Updates will not be provided unless downtime is expected. If major Updates are <br />required during standard business hours due to necessity, Company will provide notification to Customer as <br />soon as reasonably possible. Updates during Scheduled Downtime and are excluded from the 99.5% Service <br />Availability calculation. <br />3. Technical Support. <br />a. Availability. With the exclusion of Federal Holidays, Technical Support is available from 8:00 a.m. to 8:00 <br />p.m. EST, Monday - Friday. ("Support Hours"). <br />b. Procedure. Customer must initiate a helpdesk ticket during Support Hours by sending an email to <br />support@neigbborlysoftware.com. Company will use commercially reasonable efforts to respond to all Help <br />tickets in the manner set forth in Paragraph 4. <br />c. Conditions for Providing Support. Company's obligation to provide Software or Services in accordance with <br />the stated Service Availability is conditioned on Customer providing Company with sufficient information <br />and resources to correct the Error, as well as access to the personnel, hardware, and any additional systems <br />involved in discovering the Error. <br />4. Ticket Resolution. Company will use all commercially reasonable efforts to resolve support tickets in the process <br />described below. Response metrics are based on issues being reported during Support Hours. <br />a. Standard Ticket: Issue does not significantly impact the operation of the software or there is a reasonable <br />workaround available. <br />10 <br />