CivicPlus 12/16/2021 - Laserfiche WebLink

Definitions • "Monthly Uptime Percentage"is calculated by subtracting from 100%the percentage of minutes during the month in which the CGMS,was"Unavailable."Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly from any Exclusion(defined below). • "Unavailable"and"Unavailability"mean: • The HTML of the home page of the site is not delivered in 10 seconds or less 3 times in a row when tested from inside our network and returns a status of 200. • The Main page of the site returns a status other than 200 or 302 3 times in a row. • A"Service Credit"is a dollar credit,calculated as set forth below,that we may credit back to an eligible account. Service Commitments and Service Credits Service Credits are calculated as a percentage of the total charges paid by you(excluding one-time payments such as upfront payments)for the month(beginning with the first full month of service)in accordance with the schedule below. Monthly Uptime Percentage Service Credit Percentage Less than 99.9% 1%of one month's fee We will apply any Service Credits only against future payments otherwise due from you.Service Credits will not entitle you to any refund or other payment from CivicPlus.A Service Credit will be applicable and issued only if the credit amount for the applicable monthly billing cycle is greater than one dollar($1 USD).Service Credits may not be transferred or applied to any other account. Unless otherwise provided in the Client Agreement,your sole and exclusive remedy for any unavailability, non-performance, or other failure by us to provide the service is the receipt of a Service Credit(if eligible)in accordance with the terms of this SLA. Credit Request and Payment Procedures To receive a Service Credit,you must submit a claim by opening a case with Support.To be eligible,the credit request must be received by us by the end of the second billing cycle after which the incident occurred and must include: 1. the words"SLA Credit Request"in the subject line; 2. the dates and times of each Unavailability incident that you are claiming; 3. the affected Site domains;and 4. Any documentation that corroborate your claimed outage. If the Monthly Uptime Percentage of such request is confirmed by us and is less than the Service Commitment,then we will issue the Service Credit to you within one billing cycle following the month in which your request is confirmed by us.Your failure to provide the request and other information as required above will disqualify you from receiving a Service Credit. SLA Exclusions The Service Commitment does not apply to any unavailability,suspension or termination of CivicEngage,or any other CivicEngage performance issues:(i)that result from a suspension; (ii)caused by factors outside of our reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of CivicPlus; (iii)that result from any actions or inactions of you or any third party; (iv)that result from your equipment,software or other technology and/or third party equipment, software or other technology(other than third party equipment within our direct control); (v)that result from any maintenance as provided for pursuant to the Client Agreement;or(vi)arising from our suspension and termination of your right to use the CivicEngage in accordance with the Client Agreement(collectively,the"SLA Exclusions"). If availability is impacted by factors other than those used in our Monthly Uptime Percentage calculation,then we may issue a Service Credit considering such factors at our discretion. Disaster Recovery Feature Service Commitment V.PPH 03.01.16-0001 Page 3 of 4