Service Level Agreement

Defined Terms.

1. 1. “Available” or “Availability” means the Unqork Platform is available for access and use by End Users in a Production Environment over the Internet and operating materially in accordance with the specifications.
   2. “Production Environment” means that technical setting in which the Unqork Platform operates to support the Use Case for its intended commercial purpose. For the avoidance of doubt, the Production Environment does not include non-production environments, including pre-production, staging or user access testing environments.
   3. “Service Error” means an error, defect, or problem of the Unqork Platform in a Production Environment to operate in accordance with its specifications and/or that affects the functionality of the Use Case.
2. Availability Requirement. Unqork will use commercially reasonable efforts to make the Unqork Platform Available in the Production Environment, as measured over the course of each calendar month during the term (each such calendar month, a “Service Period”) at least 99.5% of the time, excluding the periods during which the Unqork Platform is not Available solely as a result of one or more Exceptions (“Availability Requirement”).

1. Exceptions. No period of Unqork Platform degradation or inoperability will be included in calculating Availability if such downtime or degradation is caused, in whole or in part, by any of the following (“Exceptions”): 
   1. any delay, act, error or omission by Customer or Users, access to or use of the Unqork Materials by Customer or Users that does not comply with this Agreement;
   2. Force Majeure Event;
   3. failure, interruption, outage or other problem with the Use Case, any Customer Third Party Materials or any element of the Use Case, application interface, software, hardware, system, network, internet, facility or other element or material not supplied by Unqork pursuant to this Agreement or beyond the reasonable control of Unqork; and
   4. Scheduled Downtime. 

1. Scheduled Downtime. Unqork will use commercially reasonable efforts to (a) schedule downtime for routine maintenance of the Unqork Platform between the hours of 12:00 a.m. and 3:00 a.m. on weekdays or between the hours of 8 p.m. Saturday to 8 a.m. Sunday, all Eastern Standard Time or Eastern Daylight Time, as applicable and (b) notify Customer at least 48 hours in advance of all such scheduled outages of the Unqork Platform (“Scheduled Downtime”). 

1. Service Availability Credits. If the Availability of the Unqork Platform is less than the Availability Requirement for any Service Period, Unqork shall issue to the Customer service credits (“Service Availability Credits”). Customer is entitled to a Service Availability Credit of 0.25% of the Fees payable during the Service Period for each 0.1% by which actual uptime is less than the Availability Requirement, such credit not to exceed 30% in any Service Period. For the avoidance of doubt, no Service Availability Credits will be given for any Service Period in which the actual Availability of the Unqork Platform equals or exceeds the Availability Requirement during such Service Period.

1. Support. Unqork will provide consultation and support to Customer via video conference or support portal, via Customer’s Designated Contact Persons, to assist in problem resolution via the two methods below, listed in order of preference.  Such support is available twenty-four (24) hours/ seven (7) days per week for a P1 Service Error, as described below and is available during normal business hours (Eastern Time), Monday through Friday, for all other severity levels.  Unqork will respond within the designated response times in the table below according to severity level.  

To obtain support, Customer must open a support ticket at https://support.unqork.com or thorugh its Unqork domain community account at https://community.unqork.com. Each support request from Customer shall include the following information:

• Background Information

• • Environment
  • Example submission
  • Module
  • Component/property name (as applicable)
  • Any other relevant details (e.g. type, owner, status)

• Specific Feature
  • Expected behavior (e.g. goal of the feature to which the support request relates)
  • Actual behavior (e.g. what is occurring instead of the expected result)
  • Supporting documentation (e.g. screenshots and videos)

• Remediation Steps Taken
  • Activities Customer has attempted to remediate the issue leading to the support request
  • Resources utilized in any remediation efforts above

If Customer’s support request does not include the above information, Unqork shall request such additional information and Unqork’s response relating to such support ticket, as described in the chart below, may be delayed.

Provided that Customer has included all information as required above, Unqork shall diagnose and reasonably assign a priority to the noted problem.  If it is determined by Unqork that said problem is a Service Error, Unqork shall correct said Service Error.  If it is determined that said problem is not a Service Error not otherwise caused by Unqork, Unqork shall advise Customer.  For the purposes of this Agreement, an “error” or “defect” or “problem” means a failure of the Production Environment of the Unqork Platform to operate in accordance with its specifications. Support tickets opened and assigned a service level impact determined by Unqork to not match the descriptions and severity defined here may be adjusted to reflect the actual impact appropriate for the issue; a notification email of an impact severity adjustment will be sent to the request/reporter of the original ticket.

Support requests shall be classified by the following priority and response levels:

In order for Unqork to provide the support services described in this SLA, Unqork and Customer will work together in good faith to determine access solutions to Customer’s Production Environment(s) as required, in accordance with Customer’s security policies and procedures.