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Maintenance and Support; Performance Standards

Rainforest will maintain and support the Rainforest Services in accordance with the terms provided herein. Rainforest will promptly repair or replace, without any additional charge, the Rainforest Services (and hardware, if provided as part of the Rainforest Services), to fix any bugs, defects, errors, or vulnerabilities (collectively, “Errors”).

Rainforest will provide the maintenance and support services set forth below:

1. Availability and Contacts.

Rainforest will make technical support available to Customer by telephone number and e-mail during the following business hours:   6:30am PST – 3:30pm PST.  Rainforest’s support personnel will provide Customer with remote assistance for help in using and operating the Rainforest Services and to accept reports of Errors in the Rainforest Services. Rainforest will ensure that each of its personnel performing any maintenance and support services are experienced, knowledgeable and qualified in the use, maintenance and support of the Rainforest Services.

Contact information for technical support is as follows:

        E-mail:   support@rainforestqa.com

2. Error Correction.

In the event that Customer reports to Rainforest any bugs, defects, errors, or vulnerabilities (“Error”) in the Rainforest Services,

Severity Level 1” is a condition which makes the use or continued use of the Rainforest Services impossible.

Severity Level 2” is, other than any Severity Level 1 Error, any condition which makes the use or continued use of any one or more functions of the Rainforest Services difficult and which Customer cannot reasonably circumvent or avoid on a temporary basis without the expenditure of significant time or effort.

Severity Level 3” is, other than any Severity Level 1 or Severity Level 2 Error, any limited problem condition which is not critical in that no loss of Customer Data occurs and which Customer can reasonably circumvent or avoid on a temporary basis without the expenditure of significant time or effort.  Additional requests for new feature suggestions are classified as Severity Level 3.

3. Objective Response Times.

Rainforest will use reasonable efforts to respond to an Error, depending on the Severity Level, within the timeframes set forth in the chart below, starting from the time Rainforest is notified of the Error:

 

Severity Level Severity Level 1 Severity Level 2 Severity Level 3
Objective Response Time Within 1 business hour Within 4 business hours Within 1 business day
Objective Workaround Time 2 business hours 6 business hours 2 business days
Objective Resolution Time 4 business hours 1 business day 7 days

4. Performance Standards.

4.1 Definitions.  The following definitions will apply with respect to this Section 4:

(a) “Actual Availability means Total Scheduled Availability minus Downtime.

(b) “Downtime means the time that users of the Rainforest Services are not able to (a) access the Rainforest Services, (b) perform ordinary functions to use or receive Rainforest Services in accordance with specifications, or (c) utilize the Rainforest Services for normal business operations due to failure malfunction or delay.  Downtime does not include any unavailability of the Rainforest Services due to System Maintenance or a failure or defect arising out of a Force Majeure Event.

(c) “Force Majeure Event means any failure or delay caused by or the result of causes beyond the reasonable control of a party and could not have been avoided or corrected through the exercise of reasonable diligence, including, but not limited to, acts of God, fire, flood, hurricane or other natural catastrophe, terrorist actions, laws, orders, regulations, directions or actions of governmental authorities.

(d) “System Availability will be calculated on a monthly basis using the following formula: (Actual Availability divided by Total Scheduled Availability) multiplied by 100%.

(e) “System Maintenance means time that the Rainforest Services are not accessible to Customer due to maintenance. System Maintenance includes scheduled maintenance and unscheduled, emergency maintenance.

(f) “Total Scheduled Availability means 7 days per week, 24 hours per day, excluding System Maintenance.

4.2 Service Level Standards.  Rainforest will maintain the following service levels for the Rainforest Services (collectively, the “Service Levels”):

(a) System Availability Service Level.  Rainforest will provide 99% System Availability over one-month periods, excluding any System Maintenance or Force Majeure Events (as defined below) that result in the Services not being available to any Customer user.

(b) System Maintenance Notice. Rainforest will provide Customer with at least 2 business days’ prior written notice of any scheduled maintenance or sixty minutes’ advance written notice for unscheduled, emergency maintenance. Rainforest will provide such notices to Customer by email to an address provided by Customer. System Maintenance in any given month will not exceed 6 hours per month, and will only be performed between the hours of 12:00 a.m. and 6:00 a.m. (PST).

(c) Backups.  Rainforest will backup all Customer Data entered into the Services since the last backup daily to Rainforest’s backup location. Rainforest will create a full backup (complete data copy) at least once per week at such backup location. Rainforest will maintain all backup files for at least 90 days.

(d) SLA Credits.  To receive a Service Credit, Customer must submit a claim by emailing Rainforest at support@rainforestqa.com (“SLA Credits”).  To be eligible, the credit request must be received by Rainforest by the end of the second contract month after which the incident occurred and must include:

  • the words “SLA Credit Request” in the subject line;
  • the dates and times of each unavailability incident that Customer is claiming; and
  • Customer’s request logs that document the errors and corroborate Customer’s claimed outage (any confidential or sensitive information in these logs should be removed or replaced with asterisks).

(e) SLA Credits for Service Availability Service Level Failure.  If the System Availability during any given month falls below 99%, Rainforest will provide Customer with a SLA Credit equal to the pro-rata amount of Subscription Fees paid for such downtime exceeding the Systems Availability Service Level applicable to the month in which the Service Level failure occurred.