Common use of Enterprise Support Service Level Agreement Clause in Contracts

Enterprise Support Service Level Agreement. 13.3.1 Customer will use commercially reasonable efforts to provide accurate and prompt notification of any Service Incident with the OnDemand Service so that Questionmark may promptly take any remedial action. Notwithstanding anything to the contrary contained in this Agreement, Questionmark is not obligated to remedy any Service Incident caused by User error or failure to access the OnDemand Service with a compatible system or web browser. 13.3.2 Questionmark will use commercially reasonable efforts to respond to and remedy each Service Incident based on the Severity Level set forth below. 13.3.3 Questionmark will respond to the Designated Contact within the Initial Response Time specified in the table below, based on the Service Incident’s Severity Level. Severity 1 An error isolated to the OnDemand Service that renders the service inoperative or causes the service to fail catastrophically, i.e. major system impact or system outage. This issue must be resolved before the Customer can use the OnDemand Service. All Severity 1 Issues have no workaround and Customer and Questionmark shall work closely together in order to resolve the error as soon as possible. Severity 1 issues are extremely rare and Questionmark escalates these issues to its highest priority. Initial Response Time (by email or callback) is within four (4) hours during Working Hours. Maximum Time Between Updates (by email or callback or implementation in the OnDemand Service) is four (4) hours during Working Hours. Severity 2 An error isolated to the OnDemand Service which causes a serious impairment to a critical feature of the OnDemand Service, but where overall functionality is not interrupted. Usually a workaround is available for this type of issue, but not in all cases. Questionmark will resolve all Severity 2 issues as soon as possible. Initial Response Time (by email or callback) is within eight (8) hours during Working Hours. Maximum Time Between Updates (by email or callback or implementation in the OnDemand Service) is four (4) hours during Working Hours during the first three (3) Business Days and then updated as needed thereafter. Severity An issue that causes the failure of a noncritical Initial Response Time (by 3 aspect of the OnDemand Service and a email or callback) is within satisfactory work-around already exists but the two (2) Business Days presence of this issue will result in User during Working Hours. dissatisfaction. Maximum Time Between Updates (by email or callback or implementation in the OnDemand Service) is two (2) bBusiness Days for the first week and as needed thereafter. Solution is provided as part of a future release. Severity An issue of minor significance. A slight variance Initial Response Time (by 4 exists between the product documentation and email or callback) is within how the application actually performs. two (2) Business Days during Working Hours. Customer update is every five (5) Business Days, during the first month, and as needed thereafter. Solution is provided as part of a future release at Questionmark’s discretion.

Enterprise Support Service Level Agreement. 13.3.1 14.3.1 Customer will use commercially reasonable efforts to provide accurate and prompt notification of any Service Incident with the OnDemand Service so that Questionmark may promptly take any remedial action. Notwithstanding anything to the contrary contained in this Agreement, Questionmark is not obligated to remedy any Service Incident caused by User error or failure to access the OnDemand Service with a compatible system or web browser. 13.3.2 14.3.2 Questionmark will use commercially reasonable efforts to respond to and remedy each Service Incident based on the Severity Level set forth below. 13.3.3 14.3.3 Questionmark will respond to the Designated Contact within the Initial Response Time specified in the table below, based on the Service Incident’s Severity Level. Severity 1 An error isolated to the OnDemand Service that renders the service inoperative or causes the service to fail catastrophically, i.e. major system impact or system outage. This issue must be resolved before the Customer can use the OnDemand Service. All Severity 1 Issues have no workaround and Customer and Questionmark shall work closely together in order to resolve the error as soon as possible. Severity 1 issues are extremely rare and Questionmark escalates these issues to its highest priority. Initial Response Time (by email or callback) is within four (4) hours during Working Hours. Maximum Time Between Updates (by email or callback or implementation in the OnDemand Service) is four (4) hours during Working Hours. Severity 2 An error isolated to the OnDemand Service which causes a serious impairment to a critical feature of the OnDemand Service, but where overall functionality is not interrupted. Usually a workaround is available for this type of issue, but not in all cases. Questionmark will resolve all Severity 2 issues as soon as possible. Initial Response Time (by email or callback) is within eight (8) hours during Working Hours. Maximum Time Between Updates (by email or callback or implementation in the OnDemand Service) is four (4) hours during Working Hours during the first three (3) Business Days and then updated as needed thereafter. . Severity 3 An issue that causes the failure of a noncritical Initial Response Time (by 3 aspect of the OnDemand Service and a email or callback) is within satisfactory work-around already exists but the two (2) Business Days presence of this issue will result in User dissatisfaction. Initial Response Time (by email or callback) is within two (2) Business Days during Working Hours. dissatisfaction. Maximum Time Between Updates (by email or callback or implementation in the OnDemand Service) is two (2) bBusiness Business Days for the first week and as needed thereafter. Solution is provided as part of a future release. Severity An issue of minor significance. A slight variance Initial Response Time (by 4 exists between the product documentation and how the application actually performs. email or callback) is within how the application actually performs. two (2) Business Days during Working Hours. Customer update is every five (5) Business Days, during the first month, and as needed thereafter. Solution is provided as part of a future release at Questionmark’s discretion.

Enterprise Support Service Level Agreement. 13.3.1 Customer will use commercially reasonable efforts to provide accurate and prompt notification of any Service Incident with the OnDemand Service so that Questionmark Licensor may promptly take any remedial action. Notwithstanding anything to the contrary contained in this Agreement, Questionmark Licensor is not obligated to remedy any Service Incident caused by User error or failure to access the OnDemand Service with a compatible system or web browser. 13.3.2 Questionmark Licensor will use commercially reasonable efforts to respond to and remedy each Service Incident based on the Severity Level set forth below. 13.3.3 Questionmark Licensor will respond to the Designated Contact within the Initial Response Time specified in the table below, based on the Service Incident’s Severity Level. . Severity 1 An error isolated to the OnDemand Service that renders the service inoperative or causes the service to fail catastrophically, i.e. major system impact or system outage. This issue must be resolved before the Customer can use the OnDemand Service. All Severity 1 Issues have no workaround and Customer and Questionmark Licensor shall work closely together in order to resolve the error as soon as possible. Severity 1 issues are extremely rare and Questionmark Licensor escalates these issues to its highest priority. Initial Response Time (by email or callback) is within four (4) hours during Working Hours. Maximum Time Between Updates (by email or callback or implementation in the OnDemand Service) is four (4) hours during Working Hours. . Severity 2 An error isolated to the OnDemand Service which causes a serious impairment to a critical feature of the OnDemand Service, but where overall functionality is not interrupted. Usually a workaround is available for this type of issue, but not in all cases. Questionmark Licensor will resolve all Severity 2 issues as soon as possible. Initial Response Time (by email or callback) is within eight (8) hours during Working Hours. Maximum Time Between Updates (by email or callback or implementation in the OnDemand Service) is four (4) hours during Working Hours during the first three (3) Business Days and then updated as needed thereafter. Severity 3 An issue that causes the failure of a noncritical Initial Response Time (by 3 aspect of the OnDemand Service and a Initial Response Time (by email or callback) is within satisfactory work-around already exists but the two (2) Business Days presence of this issue will result in User during Working Hours. dissatisfaction. Maximum Time Between Updates (by email or callback or implementation in the OnDemand Service) is two (2) bBusiness Days for the first week and as needed thereafter. Solution is provided as part of a future release. Severity An issue of minor significance. A slight variance Initial Response Time (by 4 exists between the product documentation and email or callback) is within how the application actually performs. two (2) Business Days during Working Hours. Customer update is every five (5) Business Days, during the first month, and as needed thereafter. Solution is provided as part of a future release at QuestionmarkLicensor’s discretion.

Enterprise Support Service Level Agreement. 13.3.1 Customer will use commercially reasonable efforts to provide accurate and prompt notification of any Service Incident with the OnDemand Service so that Questionmark may promptly take any remedial action. Notwithstanding anything to the contrary contained in this Agreement, Questionmark is not obligated to remedy any Service Incident caused by User error or failure to access the OnDemand Service with a compatible system or web browser. 13.3.2 Questionmark will use commercially reasonable efforts to respond to and remedy each Service Incident based on the Severity Level set forth below. 13.3.3 Questionmark will respond to the Designated Contact within the Initial Response Time specified in the table below, based on the Service Incident’s Severity Level. . Severity 1 An error isolated to the OnDemand Service that Initial Response Time (by 1 renders the service inoperative or causes the email or callback) is within service to fail catastrophically, i.e. major system four (4) hours during impact or system outage. This issue must be Working Hours. Severity 2 Severity 3 Severity 4 resolved before the Customer can use the OnDemand Service. All Severity 1 Issues have no workaround and Customer and Questionmark shall work closely together in order to resolve the error as soon as possible. Severity 1 issues are extremely rare and Questionmark escalates these issues to its highest priority. Initial Response Time (by email or callback) is within four (4) hours during Working Hours. Maximum Time Between Updates (by email or callback or implementation in the OnDemand Service) is four (4) hours during Working Hours. Severity 2 . An error isolated to the OnDemand Service which causes a serious impairment to a critical feature of the OnDemand Service, but where overall functionality is not interrupted. Usually a workaround is available for this type of issue, but not in all cases. Questionmark will resolve all Severity 2 issues as soon as possible. Initial Response Time (by email or callback) is within eight (8) hours during Working Hours. Maximum Time Between Updates (by email or callback or implementation in the OnDemand Service) is four (4) hours during Working Hours during the first three (3) Business Days and then updated as needed thereafter. Severity An issue that causes the failure of a noncritical Initial Response Time (by 3 aspect of the OnDemand Service and a email or callback) is within satisfactory work-around already exists but the two (2) Business Days presence of this issue will result in User dissatisfaction. Initial Response Time (by email or callback) is within two (2) Business Days during Working Hours. dissatisfaction. Maximum Time Between Updates (by email or callback or implementation in the OnDemand Service) is two (2) bBusiness Days for the first week and as needed thereafter. Solution is provided as part of a future release. Severity An issue of minor significance. A slight variance Initial Response Time (by 4 exists between the product documentation and how the application actually performs. Initial Response Time (by email or callback) is within how the application actually performs. two (2) Business Days during Working Hours. Customer update is every five (5) Business Days, during the first month, and as needed thereafter. Solution is provided as part of a future release at Questionmark’s discretion.

Enterprise Support Service Level Agreement. 13.3.1 Customer will use commercially reasonable efforts to provide accurate and prompt notification of any Service Incident with the OnDemand Service so that Questionmark may promptly take any remedial action. Notwithstanding anything to the contrary contained in this Agreement, Questionmark is not obligated to remedy any Service Incident caused by User error or failure to access the OnDemand Service with a compatible system or web browser. 13.3.2 Questionmark will use commercially reasonable efforts to respond to and remedy each Service Incident based on the Severity Level set forth below. 13.3.3 Questionmark will respond to the Designated Contact within the Initial Response Time specified in the table below, based on the Service Incident’s Severity Level. Severity 1 An error isolated to the OnDemand Service that Initial Response Time (by 1 renders the service inoperative or causes the email or callback) is within service to fail catastrophically, i.e. major system four (4) hours during impact or system outage. This issue must be Working Hours. resolved before the Customer can use the Maximum Time Between OnDemand Service. All Severity 1 Issues have no Updates (by email or workaround and Customer and Questionmark callback or implementation Severity 2 Severity 3 Severity 4 shall work closely together in order to resolve the error as soon as possible. Severity 1 issues are extremely rare and Questionmark escalates these issues to its highest priority. Initial Response Time (by email or callback) is within four (4) hours during Working Hours. Maximum Time Between Updates (by email or callback or implementation in the OnDemand Service) is four (4) hours during Working Hours. Severity 2 . An error isolated to the OnDemand Service which causes a serious impairment to a critical feature of the OnDemand Service, but where overall functionality is not interrupted. Usually a workaround is available for this type of issue, but not in all cases. Questionmark will resolve all Severity 2 issues as soon as possible. Initial Response Time (by email or callback) is within eight (8) hours during Working Hours. Maximum Time Between Updates (by email or callback or implementation in the OnDemand Service) is four (4) hours during Working Hours during the first three (3) Business Days and then updated as needed thereafter. Severity An issue that causes the failure of a noncritical Initial Response Time (by 3 aspect of the OnDemand Service and a email or callback) is within satisfactory work-around already exists but the two (2) Business Days presence of this issue will result in User dissatisfaction. Initial Response Time (by email or callback) is within two (2) Business Days during Working Hours. dissatisfaction. Maximum Time Between Updates (by email or callback or implementation in the OnDemand Service) is two (2) bBusiness Days for the first week and as needed thereafter. Solution is provided as part of a future release. Severity An issue of minor significance. A slight variance Initial Response Time (by 4 exists between the product documentation and how the application actually performs. Initial Response Time (by email or callback) is within how the application actually performs. two (2) Business Days during Working Hours. Customer update is every five (5) Business Days, during the first month, and as needed thereafter. Solution is provided as part of a future release at Questionmark’s discretion.