Service Level Agreement

  1. All capitalized terms not otherwise defined in this Attachment 1 have the meanings attributed to them in the Subscription Agreement to which this Service Level Agreement is attached. As used in this Service Level Agreement, when capitalized, the following terms shall have the following meanings:
    • “Downtime” means a period of time during which the Service are not fully operational or are not accessible by the Users for reasons unrelated to such Users’ third party software, hardware, or telecommunication or digital transmission failures and related Internet access issues of such Users.
    • “Error” means any error, malfunction or defect in the Service that prevents it from performing in accordance with the User Guide.
    • “Force Majeure Event” means any act or event, whether foreseen or unforeseen, that (a) prevents PI from either performing any of its obligations under this Agreement or satisfying any of the conditions to the obligations of CUSTOMER under this Agreement, (b) is beyond the reasonable control of PI, and (c) PI has been unable to avoid or overcome by the exercise of reasonable diligence.
    • “Outage” means a Downtime that is not a Permitted Unavailability.
    • “Permitted Unavailability” means a Downtime due to Planned Outages, an Upgrade Release, any changes to or alterations in the Service made pursuant to CUSTOMER’s request, a Force Majeure Event, Internet slow-downs or failures, third party software, hardware, or service failures, or any actions or inactions of CUSTOMER or CUSTOMER’s vendors, service providers, and the like, that prevents, limits, or degrades the availability or use of some or all of the Service.
    • “Planned Outages” means the period of time during which PI conducts standard systems maintenance.
    • “Resolve” means the provision of (i) a permanent fix to an Error, or (ii) a Workaround.
    • “Respond” means (i) the appointment of trained personnel to acknowledge a Service Query or Error reported by CUSTOMER, and (ii) the commencement of a technical assessment of the Error.
    • “Service Query” means questions in the nature of “how to” regarding usability of the Service or interpretation of the User Guide.
    • “Support Hours” means between the hours 8 am to 6 pm Central Time Monday through Friday, excluding U.S. federal holidays.
    • “Workaround” means the temporary resolution of an Error that does not materially adversely affect the performance, functionality, compatibility or use of the Service.
    • “Upgrade Release” means the release of a new version of the Service under a new version number.
  2. PI shall, during Support Hours, Respond to and attempt to Resolve all Errors and Service Queries in an expeditious manner and, in any event, within the applicable response and resolution time periods set forth in Table A below.
  3. CUSTOMER may report an Error or Service Query by email or telephone via support@educatedinvestor.com or 888-345-1285 (or such other contact details as may be agreed between the parties from time to time).When reporting an Error, CUSTOMER will provide PI with an appropriate severity level classification (as set forth in Table A below) and with information reasonably requested by PI where such information is reasonably available to CUSTOMER.
  4. In addressing an Error or Service Query, PI will coordinate with applicable people and escalate the Error or Service Query to appropriate senior technical and engineering personnel until resolved.Upon CUSTOMER request, PI will provide CUSTOMER with the name and title of the relevant personnel to whom an Error or Service Query has been escalated.
  5. PI reserves the right to perform standard maintenance to maintain the integrity of the hardware, applications, and network supporting the Service and to make improvements to the Service, during which times the Service will be unavailable for use.PI may schedule additional, non-standard maintenance windows as needed to maintain the continuity of the hosting services, and will provide with CUSTOMER as much advance notice as is practicable.PI will attempt to minimize the number and duration of non-standard maintenance windows.
  6. PI will ensure that the hosting environment for the Service has the infrastructure in place to ensure high availability and physical and electronic security.
  7. PI service level objective is that the Service and the servers supporting it will be available to Customer no less than 99.5% of any calendar month of each calendar year, exclusive of any Permitted Unavailability. If the number of Outage hours exceeds four (4) hours during any calendar month, CUSTOMER may request in writing, and upon such request PI shall provide, a financial credit equivalent to the Outage hours, provided that CUSTOMER request must be received no more than 30 days after the end of the month to which the request applies.

TABLE A

Response and Resolution Times

Severity Level Description Response Times Resolution Times
Severity Level 1 A Severity 1 Error: (i) causes the Service to cease operating or not be accessible; or (ii) is likely to cause the operation of the Service to (A) materially delete, impair, damage or corrupt CUSTOMER systems or data or (B) otherwise cause material harm to CUSTOMER systems or data. 2 hours from receipt of notification of the Error during Support Hours 8 hours from receipt of notification of the Error during Support Hours
Severity Level 2 A Severity 2 Error: (i) causes a significant function of the Service to be impaired or not be accessible, although the Service generally still operate and generally are accessible; or (ii) may have an adverse impact on CUSTOMER ability to enter data or to use the Service. 4 hours from receipt of notification of the Error during Support Hours 12 hours from receipt of notification of the Error during Support Hours
Severity Level 3 A Severity 3 Error causes a minor function of the Service to be impaired, which would not adversely affect CUSTOMER ability to upload data or to use the Service. 24 hours from receipt of notification of the Error during Support Hours Subject to approval and prioritization by both parties