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Service Level Agreement

 

 Forcura's Service Level Agreement

General. This Support Services Addendum (this “Addendum”) contains Forcura’s support terms and service levels for the Services provided by Forcura to Customer pursuant to that certain Agreement between the parties (the “Agreement”) under which Customer acquired its rights to use the Subscription Service*. Capitalized terms used in this Addendum, but not defined herein shall have the meanings set forth in the Agreement. For purposes of this Addendum, the following capitalized words and phrases are ascribed the following meanings: 

Actual Availability” means Total Scheduled Availability minus Downtime, in minutes.

Available” means that the Subscription Service, in the form provided by Forcura, is capable of responding to incoming requests from Authorized Users to process and display compatible Customer Data, which requests have been properly transmitted over the Internet, and “Availability” has the corresponding meaning.

Business Day(s)” means Monday through Friday, excluding all Federal and State holidays.

Business Hour(s)” means the hours between 8:00 am ET and 6:00 pm ET on Business Days.

Downtime” means the period in which the Subscription Service is not Available. 

Total Scheduled Availability” means 7 days per week, 24 hours per day.

Support Obligations. Subject to Customer's payment of the Monthly Subscription Fee set forth in the Agreement, Customer may designate up to two (2) employees of Customer to obtain technical support from Forcura (“Designated Contacts”) as described herein. The Designated Contacts agree to promptly notify Forcura via telephone at (800) 378-0596 and email at support@forcura.com, or such other phone number or email address as Forcura may make available from time to time, upon first discovering an error in the Subscription Service. Forcura shall determine the severity of each error following notification of the error by the Designated Contacts. Customer acknowledges and agrees that the targeted initial response and resolution times set forth below shall not apply to the extent that the problem or error arises due to a Force Majeure Event or Customer’s negligence or willful or intentional misconduct. Forcura shall use commercially reasonable efforts to meet the below targeted initial response and resolution times. A resolution may consist of a fix, workaround or other solution in Forcura’s reasonable determination.

Severity Levels.

Severity Level

Description

Targeted Initial Response Time

Targeted Resolution Time

Level 1 - High

Reproducible errors in the Subscription Service that cause severe impact to Customer’s use of the Subscription Service (e.g., work stoppages or system crashes)

Four (4) Business Hours

Two (2) Business Days

Level 2 – Medium

Reproducible errors in the Subscription Service that cause inconsistencies or impairments in Customer’s use of the Subscription Service

Eight (8) Business Hours

Eight (8) Business Days

Level 3 – Low

Reproducible errors in the Subscription Service that cause minimal impact to Customer’s use of the Subscription Service

Two (2) Business Days

Next Update of the Subscription Service

 

Severity Level 1 Error Submission. For Level 1 Severity Errors, the Designated Contacts shall notify Forcura via telephone at (800) 378-0596 to report such Errors during after Business Hours or on non-Business Days. 

Availability Service Level. The average Availability of the Subscription Service in each month shall be at least ninety-nine percent (99.0%), excluding any Force Majeure Events that result in Downtime, as measured and monitored from Forcura’s facilities (“Availability Service Level”). Availability will be calculated on a monthly basis using the following formula: (Actual Availability divided by Total Scheduled Availability multiplied by 100). 

* Or Licensed Application, depending on the version of the Agreement in effect between Customer and Forcura. All references to Subscription Service herein, shall be considered references to the Licensed Application, if that term is used in the Agreement.