Software Services Support and Service Levels Schedule

1. Support and Maintenance Services Generally

Omatic shall provide support and maintenance services (collectively, “Support Services”) for the Software Services in accordance with the provisions of this Schedule. Omatic shall use commercially reasonable efforts to maintain the Software Services in order to enable an Availability Percentage that meets or exceeds the requirements set forth in Section 6 below. Such maintenance services shall include using commercially reasonable efforts to provide to Client:

• all updates, bug fixes, enhancements, new releases, new versions and other improvements to the Software Services, that Omatic provides at no additional charge to its other similarly situated customers; and
• all such services and repairs as are required to maintain the Software Services or are ancillary, necessary or otherwise related to Client’s or its End Users’ access to or use of the Software Services, so that the Software Services operate properly in accordance with their Documentation.

2. Technical Assistance Terms

Omatic shall provide Client with technical assistance during the following times:

• Monday – Thursday, 9am – 6pm (Eastern)
• Friday, 9am – 5pm (Eastern)

Technical Assistance is not available during major U.S. holidays and the day after Thanksgiving. Technical Assistance is not available after 3pm EST the day before Thanksgiving, Christmas Eve, and New Year’s Eve. After hours support is available by appointment only.

3. Case Submittal and Reporting

Client’s Named Support Contacts may submit cases to Omatic Support via multiple channels:

• Via Our Support Portal: support.omaticsoftware.com/
• Via Email: support@omaticsoftware.com

Named Support Contacts must be trained on the Omatic product(s) for which they initiate support requests. Each case will be assigned a unique case number. Omatic will respond to each case in accordance with this Schedule and will work diligently toward resolution of the issue taking into consideration its severity and impact on the Client’s operations. Actual resolution time will depend on the nature of the case and the resolution itself. A resolution may consist of a fix, workaround, delivery of information or other reasonable solution to the issue. Case reporting is available on demand via the Support Portal.

4. Response Times and Severity Levels

Response Time is the period from the time when Client logs the case with Omatic Support until Omatic responds to Client, if appropriate. Because of the widely varying nature of issues, it is not possible to provide specific resolution commitments.

Severity Level 1:

• Definition: The Software Services are unavailable.
• Omatic Response Commitment: Omatic will respond within one (1) business hour of receipt of case and Omatic shall remain accessible during business hours for troubleshooting from the time a Severity 1 issue is logged until such time as it is resolved.
• Resolution: Omatic will work to resolve the problem until the Service is returned to normal operation. Client will be notified of status changes.
• Client Response Commitment: Client shall remain accessible for troubleshooting from the time a Severity1 issue is logged until such time as it is resolved.

Severity Level 2:

• Definition: The Software Services contain an issue that prevents Client from executing one or more critical business processes with a significant impact and no workaround exists.
• Omatic Response Commitment: Omatic will respond within two (2) business hours of receipt of case and Omatic shall remain accessible for troubleshooting from the time a Severity 2 issue is logged until such time as it is resolved.
• Resolution: Omatic will work to resolve the problem until the Service is returned to normal operation. Client will be notified of status changes.
• Client Response Commitment: Client shall remain accessible for troubleshooting from the time a Severity 2 issue is logged until such time as it is resolved.

Severity Level 3:

• Definition: The Software Services contain an issue that may disrupt important business processes where a workaround is available or functionality is not imperative to Client’s business operations.
• Omatic Response Commitment: Omatic will respond within two (2) business hours of receipt of case.
• Resolution: If resolution requires a Omatic issue fix, Omatic will add the issue fix to its development queue for future update and suggest potential workaround until the problem is resolved in a future update. Client will be notified of status changes.
• Client Response Commitment: Client will respond to Omatic requests for additional information and implement recommended solutions in a timely manner.

Severity Level 4 (Including Customer Care and Operations Requests):

• Definition: Non-system issues such as Named Support Contact change, business documents, questions about configuration and functionality, etc.
• Omatic Response Commitment: Omatic will respond within four (4) business hours of receipt of case.
• Resolution Commitment: Omatic will respond to request. Client will be notified of status changes.
• Client Commitment: Client will respond to Omatic requests for additional information in a timely manner.

5. Support Scope

Omatic will support functionality that is delivered by Omatic as part of the Software Services. For all other functionality, and/or issues or errors in the Software Services caused by issues, errors and/or changes in Client’s information systems and/or third party products or services, Omatic may assist Client and its third party providers in diagnosing and resolving issues or errors but Client acknowledges that these matters are outside of Omatic’s support obligations. Service level failures attributable to (i) Client’s acts or omissions; and (ii) force majeure events shall be excused.

6. Service Availability

Omatic’s Service Availability commitment for a given calendar month is 99.5%.

“Service Availability” is calculated per month as follows:

                ((Total – Unplanned Outage – Planned Maintenance) / (Total – Planned Maintenance)) X 100 ≥ 99.5%

Definitions:

• Total is the total minutes in the month
• Unplanned Outage is total minutes unavailable in the month outside of the Planned Maintenance window
• Planned Maintenance is total minutes of planned maintenance in the month.

Currently, Planned Maintenance is four (4) hours for weekly maintenance which shall begin at 6:00am (Eastern) on Saturday. All times are subject to change upon thirty (30) days’ notice provided on the Omatic support portal and any such change shall not lengthen the duration of the associated maintenance window.

If actual maintenance exceeds the time allotted for Planned Maintenance, the overage time is considered an Unplanned Outage. If actual maintenance is less than time allotted for Planned Maintenance, that time is not applied as a credit to offset any Unplanned Outage time for the month.

The measurement point for Service Availability is the availability of the Omatic production tenants at the production data center’s Internet connection points. Client may request an availability report not more than once per month via Omatic’s Support Portal.

7. Service Level Credits

In the event the Service Availability Percentage during a month does not meet or exceed ninety-nine point five percent (99.5%) (each a “Service Level Failure”), Omatic shall issue a credit to Client in the amount set forth in the table below, measured as a percentage of the Software Services Fees applicable to the Software Services subject to the Service Level Failure for the corresponding month (each a “Service Level Credit”). “Software Services Fee” means the fees paid for the applicable Software Services during the time period specified.

Notwithstanding the foregoing, Omatic has no obligation to issue any Service Level Credit unless (i) Client reports the Service Level Failure to Omatic Support immediately upon becoming aware of it, and (ii) requests such Service Level Credit in writing within 5 business days of the Service Level Failure. Additionally, in no event will Service Level Credits for any month exceed fifty (50%) percent of the total Software Services fees that would be payable for that month if no Service Level Failure had occurred. Any Service Level Credit payable to Client will be issued to Client in the calendar month following the month in which the Service Level Failure occurred. This Section sets forth Omatic’s sole obligation and liability and Client’s sole remedy for any Service Level Failure.