Service Level Agreement

1) Overview

a. This Service Level Agreement (“SLA” or “Agreement”) between Company and Customer governs both the availability of the Service to Customer and the technical support and response times associated with Customer’s use of the Service. This Agreement will remain in effect until terminated or superseded by a revised Agreement.

b. The purpose of this Agreement is to describe the Company’s goals for availability of the Service and the various levels of support and response times to be provided to Customer by Company in connection therewith.

2) Term and Periodic Review

a. This Agreement is valid from the Effective Date of the attached Agreement and will continue in effect until terminated by Customer or by mutual agreement.

b. Company and Customer will periodically review the effectiveness of the services provided under the Service Level Agreement. The Agreement is subject to modification as needed.

3) Services To Be Provided

a. Company responsibilities and/or requirements in support of this Agreement include:

1. Meeting minimum Service availability parameters

2. Meeting response times associated with service related incidents

3. Appropriate notification to Customer for all scheduled maintenance

b. The following services will be provided by Company in connection with ongoing support under this Agreement.

1. Monitored email support

2. Monitored telephone support

4) Customer Requirements

a. Customer responsibilities and/or requirements in connection with this Agreement include:

1. Payment for support costs within Company payment terms.

2. Reasonable availability of customer representative(s) when resolving a service related incident or request.

5) Web Service Availability

a. As used herein, the term "Web Service Availability" means the percentage of a particular month (based on 24-hour days for the number of days in the subject month) that the Service is not available for access by Customer.

b. Web Service Availability Goal

1. The Company endeavors to provide 99.99% Web Service Availability.

c. Remedy:

1. Subject to the provisions below, if the Web Service Availability of the Service is less than 99%, then Company will issue credits to the Customer in accordance with the following schedule. Credits will be reflected in the next billing cycle:

Web Service Availability
Credit Percentage
99% to 100%
0%
< 99%
50%
< 90%
100%

d. Exceptions

No credits will be issued in connection with any failure or deficiency of Service Availability caused by or associated with:

1. circumstances beyond Company’s reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, virus attacks or hackers, failure of third party software (including, without limitation, ecommerce software, payment gateways, chat, statistics or free scripts) or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Service;

2. failure of access circuits to the Company network, unless such failure is caused solely by Company;

3. scheduled maintenance and emergency maintenance and upgrades;

4. DNS issues outside the direct control of Company;

5. false SLA breaches reported as a result of outages or errors of any Company measurement system;

6. Customer's acts or omissions (or acts or omissions of others engaged or authorized by Customer), including, without limitation, custom scripting or coding (e.g., CGI, Perl, HTML, PHP etc), any negligence, willful misconduct, or use of the services in breach of Company’s Terms Of Use;

7. DNS (Domain Name Server) Propagation.

8. outages elsewhere on the Internet that hinder access to Services. Company is not responsible for browser or DNS caching that may make the Service appear inaccessible. Company will guarantee only those areas considered under the control of or contract by Company: Company server links to the Internet, Company routers, and Company's servers.

e. Credit Request

1. In order to receive additional credits, Customer must make a request by sending an email message to Company at support@pataccaservices.com. Each request in connection with this SLA must include Customer’s name and email address and the dates and times of the unavailability of the Service to Customer and must be received by Company within ten (10) business days after the Service was not available to the Customer.

2. If the unavailability is confirmed by Company, additional credits will be applied in the next billing cycle after Company’s receipt of Customer's credit request.

6) Service and Support Requests

a. Telephone support will be provided from 9:00 A.M. to 5:00 P.M. Eastern time, Monday – Friday, excluding holidays

b. Calls received outside of regular office hours will be forwarded to a mobile phone. Commercially reasonable efforts will be made to answer the call. If a Service Representative is not immediately available, voicemail messages will be taken and returned the next business day.

c. Email will be monitored from 9:00 A.M. to 5:00 P.M. Eastern time, Monday – Friday, excluding holidays

d. Emails received outside of regular office hours will be accepted and processed the next business day

e. Company will respond to service related incidents and/or requests submitted by Customer within the following time frames:

1. 0-8 hours (during business hours) for issues classified as High priority.

2. Within 48 hours for issues classified as Medium priority.

3. Within 5 working days for issues classified as Low priority.

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