Service Level Agreement

Service Level Agreement

1.1.1 This Service Level Agreement sets forth the service level availability commitment for the System.

1.1.2 Service Provider makes no commitment under this Schedule for performance of the System, including without limitation, quality or speed of response, to the extent adversely affected by any third-party services or systems external to Service Provider’s System, except where the responsibility for service provision or fault correction expressly lies with Service Provider, as provided herein.

1.1.3 All service or support requests for failures of the System (each a “Failure”) shall be submitted by Client to Service Provider through email or any other method of communication as may be defined by the Service Provider from time to time (“Service Requests") and as specified in the section below entitled "Service Requests".

1.1.4 Service Provider will make commercially reasonable efforts to provide a resolution or workaround for Failures reported by Client according to the severity of the Failure, as per the Failure Level matrix specified below (“Failure Level”). Failure Levels will be reported by Client and the actual Failure Level will be determined by Service Provider.

Service Commitment

Service Provider will make commercially reasonable efforts to ensure that Uptime of the System will equal or exceed 99.9%.

“Uptime” is calculated as follows:

Definitions

“Downtime” means the Total Minutes in the month during which the System is not available, except for Excluded Downtimes.

“Month” means calendar month.

“Total Minutes in the Month” are measured 24 hours at 7 days a week during a month.

“Target Response Time” means the time from when Client notifies Service Provider of a Failure (as detailed in Section 7 below) until the time Service Provider has responded to the notification.

Excluded Downtime

Excluded Downtime means the Total Minutes in the Month attributed to:

a) a Scheduled Downtime for which the Client has been notified by email at least five (5) days prior to such Scheduled Downtime, or

b) any urgent updates which are required for material situations, such as security purposes or to avoid critical incidents, or

c) unavailability caused by factors outside of Service Provider’s reasonable control, such as unpredictable and unforeseen events that could not have been avoided even if reasonable care had been exercised, or

d) problems resulting from (a) Client’s actions or inactions, (b) Client’s equipment and/or third-party equipment/services to the extent not within Service Provider’s control, or (c) the unavailability of or problems with the Internet or data network.

Support Services - Hours of Coverage

Support Services addressing System Requests and Failures shall be available during the following hours:

Service Requests

6.1.1 Service Requests shall be submitted to Service Provider via the Contact Support form on our help center (help.browzwear.com) or by direct email at support@browzwear.com, or any other method which may be provided to Client by Service Provider from time to time.

6.1.2 As of submission of a Service Request, the contact person shall be available to the Service Provider at all reasonable times in order to assist and/or evaluate alternative solutions to the Failure, and/or accept an offered method to resolve the Failure.

Failure Levels

7.1.1 Problems with the Systems that do not rise to the level of a P3 Failure Level are not covered under this SLA.

7.1.2 Failure does not include:

a) Failure caused by the Client's acts or omissions;

b) Failure caused by Force Majeure as defined in the Agreement; or

c) Failure due to factors outside Service Provider's reasonable control attributable to Client, any of its third party vendors, third party software defects, or any other third party not under Service Provider’s responsibility or control, including without limitation, a Failure caused by power outages at the Client's location; Failure due to or related to Client’s local area network (LAN); and a Failure due to equipment or network failure by or routing issues associated by national service providers.