(Hosting and Customer Service Support Levels)

The following terms and conditions are incorporated into the Terms. Capitalized words not defined in this Schedule shall have the meaning ascribed to such words in the Terms.

DEFINITIONS

For the purposes of this Schedule and the Terms, in addition to the capitalized terms defined in the Terms, the following terms shall have the meanings ascribed to them as follows:

“Automatic Updates” means the period of time (computed in minutes) during the Measurement Window that the Service is unavailable due to scheduled maintenance in a scheduled maintenance window, which shall be on a Saturday or Sunday between 20:00 and 24:00 Eastern Time and which will generally result in a planned outage of the Service of less than five (5) minutes. Customer will not be provided with notice in respect to Automatic Updates.

“Critical Maintenance” means the period of time (computed in minutes) of maintenance other than Automatic Updates that Maintein needs to perform for preventative maintenance for potential Service affecting issues and for which Maintein has provided at least four (4) hours prior notice to Customer (which notice can be provided via email to Customer’s support contact).

“Downtime Exclusions” means any downtime caused by any of the following: (a) Automatic Updates; (b) Critical Maintenance; (c) equipment, hardware or software that is owned, leased or provided by Customer or that is part of the public Internet (including any network latency in any of the foregoing); (d) failures or service degradation of any third-party networking, connectivity, hosting, managed services or Internet service necessary for the proper functioning of the Service that are not in the reasonable control of Maintein; (e) any use of the Service other than in accordance with its applicable documentation; and (f) denial of service attacks.

“Measurement Window” means an annual Subscription Term (calculated in minutes, as follows: 24 hours per day multiplied by number of days multiplied by 60 minutes).

“Scheduled Availability” means the total amount of time in the Measurement Window.

“Service Availability” will be calculated as follows:
(((Scheduled Availability) minus (Downtime Exclusions during the Measurement Window)) divided by (Scheduled Availability)) multiplied by 100, with the result expressed as a percentage.

“Service Request” means a reported problem or issue in respect to the Service that is unique from any other opened problem or issue reported by Customer in respect to the Service. “Work-Around” means a temporary solution to an issue reported in a Service Request that results in the return of the Service to a functional and operational status.

Downtime calculations exclude the following:

• Automatic Updates and Critical maintenance
• External network or equipment problems outside of our reasonable control
• Issues that are related to external apps or third parties
• Any products or features delivered as pilot, alpha, beta, POC or similar
• Test or sandbox environments
• DDoS-related incidents

SERVICE LEVELS

The Service Availability target of the for the Service is 99.5% in the applicable Measurement Window. The Service Availability target does not apply to the above exclusions.

SUPPORT SERVICE

Support is available to Customers that have paid a Subscription Fee to Maintein for the Service. Support Hours are 7 am to 5 pm GMT Monday through Friday, except for statutory holidays (“Support Hours”), and 24/7 for Priority Level I issues (as hereinafter defined). Support may be reached via the following means:

Email: support@maintein.com

Technical Response Times

Maintein will provide technical responses to Service Requests received from Customer in accordance with the “Priority Levels” and “Technical Response Times” set forth in the table below. The time for provision of technical responses shall be measured from the time of receipt of the applicable Service Request by Maintein during Support Hours. Upon receipt of a Service Request, the Service Request will be assigned a “Priority Level” by Maintein. The “Technical Response Time” will depend on the “Priority Level” assigned to the Service Request in accordance with the following table:

Priority	Definition	Action	Response
1	A key function or feature of the Service is inoperable and further operation of the Service cannot proceed until it is fixed.	Provide a correction or Work-Around, as applicable	Within 4 hours
2	A function of the Service is inoperable and further operation of that function cannot proceed but operation of other Service functions can proceed before the affected function is fixed.	Provide a correction or Work-Around, as applicable	Within 8 Support Hours
3	While a function of the Service is operable, the operation is inconsistent with the Service Availability levels and the inconsistency involves a material failure to comply with specifications for the Service.	Provide a correction or Work-Around, as applicable	Within 12 Support Hours
4	An issue which does not affect the functionality of the Service.	Provide a correction or Work-Around, as applicable	As Maintein determines in its sole discretion

If Maintein does not provide a Work-Around or a correction in the allotted Technical Response Time for a Priority Level 1, Priority Level 2 or Priority Level 3 Service Request, Maintein will continue to work to correct the issue each day during the week for a Priority Level 1 issue or during Support Hours for a Priority Level 2 or Priority Level 3 issue. If Maintein provides a Work-Around for an issue identified in a Service Request, Maintein will work to correct the issue identified in the Service Request as described in the previous sentence until such time as a correction is provided. Maintein will provide updates to Customer on the status of Service Requests as and when appropriate for the Priority Level of the Service Request.

Exceptions
Maintein will not be responsible for correcting an issue identified in a Service Request arising from any of the following:

• Issues resulting from any modifications of the Service made by anyone other than Maintein.
• Issues resulting from the incorrect use of the Service; or to the extent the relevant environment is not within Maintein’s control.
• Issues resulting from any fault in the equipment or in any software used in conjunction with the Service (including Customer Service-Compatible Applications).

The Technical Response Times for Priority Level 1 and Priority Level 2 Service Requests as provided in the table above, will be extended by the time of any delay attributable to any acts or omission of Customer or any of its employees, agents or subcontractors. Maintein may also charge Customer, in Maintein’s sole discretion, for the time required to resolve problems as a result of Customer’s actions, the fees of which will be determined by Maintein and communicated to Customer for acceptance prior to work being carried out by Maintein.

1. Maintein Integration Hub Maintein will support and maintain Integration Hub integrations based on the original use case described in the SOW. Maintein’s maintenance of this use case includes any updates to the Maintein API in addition to release updates to 3rd party vendors. Integration support outside of the existing use case or involving new 3rd party products or services may require additional professional services resources and would be assessed on a case-by-case basis.
2. Service Limits
   Maintein will not be responsible for supporting any third-party party software or third-party technology (including Customer Service-Compatible Applications) unless such software or technology has been provided by Maintein as part of the Service.

Maintein may be required to rate limit, block or restrict Customer or third-party activities that are having an adverse impact on the Service.

HOSTING AND DATA

Your Data is backed-up regularly and stored by Maintein and its third-party service providers primarily in Canada and the USA, in accordance with our Privacy Policy, Security Protocols and the Terms.

SANDBOX ENVIRONMENT SERVICE LEVEL