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Benevate Inc.SAAS Subscription Agreement <br /> EXHIBIT 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. Definitions. <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@neighborlysoftware.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 /> 10 <br />