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SERVICE LEVEL AGREEMENT

1. Definitions

“Business Days” means Monday through Friday, 10:00 AM CST to 5:00 PM CST, excluding federal holidays.

"Errors" means defects and deficiencies in the Service that cause it to fail to operate in conformance with the Documentation.

"Enhancements" means any and all changes and/or additions to the Service other than Error Corrections.

"Error Corrections" means fixes and revisions that correct Errors in the Service.

"Severity Levels" means the four severity levels, which are defined below.

"Severity 1": A type of Error that: (1) renders the entire or any part of the Service inoperative; or (2) causes the Service to fail catastrophically. No Workaround exists or the available Workaround is unacceptable due to its material operational impact on Customer's business.

"Severity 2": A type of Error that significantly degrades performance of the Service or materially restricts Customer's use of the Service.

"Severity 3": A type of Error that causes only minor impact on the use of the Service.

"Severity 4": Proposed enhancements or usage questions.

"Workaround" means a change in the procedures followed or data supplied to avoid an Error without materially impairing performance of the Service.

 

2. Support Services to be provided.

2.1 Enhancements and Error Correction. During the Subscription Term, Definity First will use all reasonable efforts to correct or circumvent Errors in the Service reported by Customer and other customers. Definity First shall provide notification to Customer of all Errors in the Service of which Definity First learns from any source and shall provide available customer information bulletins and access to any Internet data files or information relating to such Errors. Support also includes provision of all available Error Corrections and Enhancements to the Service at no additional charge to Customer.

2.2 Email Support. Definity First will supply Customer with an email support contact, who will respond in accordance with the response times set forth in the table below. Error and Enhancement support tickets will be limited to 3 per month (any Error or Enhancement support tickets in excess of this amount will be billed at Definity First’s standard rates).

2.3 Web-based support. Definity First shall provide Customer with access to any on-line support information and tools available to other Definity First customers with a current contract for maintenance and support services. This shall include access to any available Definity First knowledge database and/or on-line technical library, documentation and tools containing information on engineering changes, defects/bugs, technical tips, and symptom/fix files.

 

3. Support Exclusions

Definity First shall have no obligation to provide support services with respect to: (i) use of any Service on any computer system running other than the specified operating system software and browser listed in the applicable Schedule or Exhibit; (ii) Errors or inaccessibility of the Services during regularly scheduled maintenance; (iii) training services, or (iv) support services in excess of the allotted monthly support tickets.

 

4. Response Times

Error Response Time/Level Definity First Action
Severity Level 1 Up to two (2) Business Days. Written acknowledgment of receipt of Error report and identification of individual assigned to resolve Error Work during Business Days until correction.
Severity Level 2 Up to two (2) Business Days. Written acknowledgment of receipt of Error report and identification of individual assigned to resolve Error Work during Business Days until correction.
Severity Level 3 Up to two (2) Business Days. Written acknowledgment of receipt of Error report and identification of individual assigned to resolve Error Correction or Workaround provided within two (2) months. Correction provided in next product cycle release of Service if Workaround is initially provided to address problem.
Severity Level 4 Up To Ninety (90) days. Written or Verbal acknowledgment of receipt of report and identification of individual assigned to respond Question answered, or minor Enhancement considered for next product cycle release.