Common use of Service Level Terms and Support Clause in Contracts

Service Level Terms and Support. 4.1 As part of the Services, PeopleFluent will provide limited maintenance and technical support as stated below and as (may be) further described in the support policies on PeopleFluent’s online client pages (which PeopleFluent may in its sole discretion amend from time to time). Telephone and on-site support do not form part of the support provided hereunder. PeopleFluent will not be obliged to provide any support for any release of the NetDimensions Analytics application in use by the Client other than the release based on the most current version of Tibco Jaspersoft Corporation’s JasperReports Server and such other releases as may be specified at its online client pages (as may be amended by PeopleFluent at its sole discretion from time to time). For the avoidance of doubt, the only support services included in standard support are as described in this Clause 4. This is PeopleFluent’s standard support for NetDimensions Analytics (“Support”). PeopleFluent may provide additional technical support services to the Client upon terms and charges to be agreed. 4.2 Subject to Clause 4.1, limited maintenance for the Application as specified below is included as part of the Services (“Maintenance”). Maintenance includes the provision of Application software upgrades, as well as major, critical bug-fixes, patches, error corrections and enhancements (so, for the avoidance of doubt, does not apply to Client scripts, contents, reports or dashboards, or to minor and/or non-critical bug-fixes, patches, error corrections and enhancements), at no additional charge, when any of them are at PeopleFluent’s sole discretion made available, without customisation, to PeopleFluent’s clients generally at no additional cost, and any such upgrades, bug fixes, patches, error corrections and enhancements shall become part of the Application, the Intellectual Property Rights in which shall remain with and vest in PeopleFluent or its licensors, as applicable. Any Application or System maintenance requested and provided in addition to or separate from the Maintenance described in this Clause 4.2 will be considered professional services work and shall be subject to a separate agreement or statement of work and additional charges shall apply. For the avoidance of doubt, any upgrade related work by PeopleFluent shall also be considered professional services work and shall be subject to a separate agreement or statement of work and additional charges shall apply. 4.3 For the avoidance of doubt, the only included support services for the Application and the Services are as defined in this Clause 4. Any other support requests related to the Application are subject to acceptance by PeopleFluent and may require additional charges as applicable. 4.4 PeopleFluent reserves the right to amend the Service Level Terms at any time upon 60 days’ written notice to the Client to the extent that such amendment does not have a material adverse effect on the Client. The Service Level Terms are limited to those events and service levels within PeopleFluent’s commercially reasonable control and do not include events or Services/services or security failures resulting from any actions or inactions of the Client or any third parties not under PeopleFluent’s direct control (including but not limited to Client or third party equipment and internet or telecommunications providers). 4.5 Service availability is defined as the amount of time the relevant PeopleFluent’s system (“System”) is available to the Client’s Users and capable of performing operations, excluding Scheduled Maintenance Down Time (as defined below). Non-availability is the amount of time (excluding Scheduled Maintenance Down-Time) that the System (hence not (an) individual report(s) or dashboard) is either not available or not capable of performing operations. The Client’s Application services will be available 95% of the time on a calendar year basis. Non-availability caused by the actions or inactions of the Client or Client’s Users (including the Client’s equipment, internet access, browsers and/or specific or non-standard Client System configurations), or as a result of non- standard iReports or dashboards, or by a point of entry other than that agreed at implementation (pursuant to Clause 3.7) will not be included when calculating the System’s availability. If the Client’s hosted Application Services are unavailable for five or more hours in any 24-hour period at PeopleFluent’s fault, the Client will be credited with a total of one week’s free Application hosting at the end of the Initial Term or applicable Renewal Term. 4.6 The Client accepts that PeopleFluent will require scheduled down-time periods from time to time to perform System maintenance, backup and upgrade functions for the hosted Application Services (“Scheduled Maintenance Down-Time”). Scheduled Maintenance Down-Time will usually consist of a periodic weekly three-hour maintenance window to take place at the weekend. The weekly maintenance window is required to allow PeopleFluent (or its third party contractors) to maintain and improve server or storage space and other facilities. The timing of the weekly maintenance window will be communicated in writing to the Client from time to time. Additional periods of Scheduled Maintenance Down-Time may be required by PeopleFluent to perform system maintenance, back up and upgrade functions. Such additional periods will be scheduled in advance by e-mail message or telephone call to the Client, and PeopleFluent will use its reasonable endeavours to schedule Scheduled Maintenance Down-Time at times and for periods which minimise inconvenience to the Client. The measurement for Scheduled Maintenance Down-Time is the time elapsed from when the Services become unavailable to perform operations to the time when the Services become available to perform operations again. 4.7 The Client may designate up to two Users as technical support contacts for the Services hereunder. Each technical support contact may document a technical support issue via PeopleFluent’s customer support web-based tool (zendesk or such other tool used by PeopleFluent from time to time). Support will be provided at the times specified in this Agreement, as otherwise agreed between PeopleFluent and the Client or as may be reasonably communicated to Client by PeopleFluent from time to time. The Client may change the technical support contacts up to twice in any year of this Agreement free of charge. 4.8 Client shall promptly communicate bugs or errors in relation to the Application and PeopleFluent supplied standard iReports and dashboards via email to PeopleFluent or via the web-based tools described in Clause 4.7. Subject to Clause 4.1, PeopleFluent will provide support in relation to the Application and PeopleFluent supplied standard iReports and dashboards (if any) as follows: PRIORITY ** DESCRIPTION INITIAL RESPONSE TIME TARGET RESOLUTION TIME ie the timeframe in which PeopleFluent shall aim, using commercially reasonable endeavours to rectify the reported problem. This commences on receipt by PeopleFluent of the necessary information and data to enable it to replicate the error.* 1. Critical problem. System is down. 1 hour 12 hours n/a Major, critical bugs or errors in the hosted Application not being Priority 1 issues (and not related to (individual/non-standard) reports or dashboards). 2 Business Days from communication being made through PeopleFluent’s online support tool about the error or bug. As soon as reasonably practicable n/a System availability/performance issues not being Priority 1 issues (and not related to 2 Business Days from communication being made through PeopleFluent’s online support tool in regard As soon as reasonably practicable (individual/non-standard) reports or dashboards). to the availability/performanc e issues. n/a Bugs or errors in PeopleFluent’s supplied standard iReports and dashboards (if any). 2 Business Days from communication being made through PeopleFluent’s online support tool about the error or bug As soon as reasonably practicable n/a Minor and non-critical Bugs or errors in non-standard reports and dashboards Not included (to be addressed in applicable statement of work(s)) Not included (to be addressed in applicable statement of work(s)) *Response Time and Target Resolution Time shall be calculated on a 24x5 (Hong Kong SAR business days) basis ** PeopleFluent shall determine in its sole discretion in which Priority category a raised ticket falls “Initial Response Time” refers to the targeted response time by which PeopleFluent will communicate (by email, online case management system or telephone) with the Client in respect of the reported problem. It does not refer to the time in which the reported problem will be resolved by PeopleFluent.

Service Level Terms and Support. 4.1 As part of the ServicesExcept in relation to Third Party Software, PeopleFluent will provide limited maintenance and technical support as stated below and as (may be) further described in the support policies on PeopleFluent’s PeopleFluent online client pages (which PeopleFluent may in its sole discretion amend from time to time). Telephone and on-site support do not form part of the support provided hereunder. PeopleFluent will not be obliged to provide any support for any release of the NetDimensions Analytics application in use by the Client other than the release based on the most current version of Tibco Jaspersoft Corporation’s JasperReports Server and such other releases as may be specified at its online client pages (as may be amended by PeopleFluent at its sole discretion from time to time). For the avoidance of doubt, the only support services included in standard support are as described in this Clause 4. This is PeopleFluent’s standard support for NetDimensions Analytics (“Support”)support. PeopleFluent may provide additional technical support services to the Client upon terms and charges to be agreed. Where a Reseller is providing support, such support will be provided by the Reseller on such terms as may be agreed between the Reseller and the Client. 4.2 Subject Except in relation to Clause 4.1Third Party Software, limited maintenance for the Application as specified below is included as part of the Services (“Maintenance”)Services. Maintenance includes the provision of Application software upgrades, as well as major, critical bug-fixes, patches, error corrections and enhancements (so, for the avoidance of doubt, does not apply to Client scripts, contents, reports or dashboards, or to minor and/or non-critical bug-bug- fixes, patches, error corrections and enhancements), at no additional charge, when any of them are at PeopleFluent’s sole discretion developed by PeopleFluent and made available, without customisation, to PeopleFluent’s clients generally at no additional cost, cost and any such upgrades, bug fixes, patches, error corrections and enhancements shall become part of the Application, the Intellectual Property Rights in which shall remain with and vest in PeopleFluent or its licensors, as applicablePeopleFluent. Any Application maintenance or System maintenance requested and support provided in addition to or separate from the Maintenance maintenance described in this Clause 4.2 will be considered professional services work charged in addition, in accordance with Clause 4.1. Telephone and shall on-site support do not form part of Support. PeopleFluent will not be subject obliged to a separate agreement or statement provide Support for any release of work and additional charges shall apply. For the avoidance of doubt, any upgrade related work by PeopleFluent shall also be considered professional services work and shall be subject to a separate agreement or statement of work and additional charges shall apply. 4.3 For the avoidance of doubt, the only included support services for the Application other than the current release and the two immediately preceding releases. To the extent that the Application comprises or includes NetDimensions Analytics or other Third Party Software, PeopleFluent’s standard support and maintenance Services are and Service Levels Terms as defined described herein do not apply to NetDimensions Analytics or other Third Party Software. To the extent the Client also makes use of one of more non- production instances of the Application, PeopleFluent’s standard support and maintenance Services and Service Levels Terms do not apply in this Clause 4relation to such more non-production instances of the Application. Any other support and maintenance requests related to such non-production instances of the Application are subject to acceptance by PeopleFluent and may require additional charges as applicable. 4.4 4.3 PeopleFluent reserves the right to amend the Service Level Terms at any time upon 60 days’ written notice to the Client to the extent that such amendment is necessary to meet any ISO 27001 (or equivalent accreditation), legislative or best practice requirements, so long as the amendment does not have a material adverse effect on the Client. If PeopleFluent (Limited) does not renew its ISO accreditation or equivalent accreditation, it will promptly notify the Client of such non-renewal and of any alternative arrangements. The Service Level Terms are limited to those events and service levels within PeopleFluent’s commercially reasonable control and do not include events or Services/services or security failures resulting from any actions or inactions of the Client or any third parties not under PeopleFluent’s direct control (including but not limited to Client or third party equipment and internet or telecommunications providers). 4.5 4.4 Service availability is defined as the amount of time the relevant PeopleFluent’s system (“System”) Software-as-a-Service is available to the Client’s Users and capable of performing operations, excluding Scheduled Maintenance Down Time (as defined below)) and non-availability caused by actions or inactions of the Client or Users. Non-availability is the amount of time (excluding Scheduled Maintenance Down-Time) that the System (hence not (an) individual report(s) or dashboard) Software-as-a-Service is either not available or not capable of performing operations. The Client’s Application services Software-as-a-Service will be available 9599.5% of the time on a calendar calculated over each year basisof this Agreement. Non-Non- availability caused by the actions or inactions of the Client or Client’s Users (including the Client’s equipment, internet access, browsers and/or specific or non-standard Client System configurations), or as a result of non- standard iReports or dashboards, or by a point of entry other than that agreed at implementation (pursuant to Clause 3.7) will not be included when calculating the SystemSoftware-as-a-Service’s availability. If the Client’s hosted Application Services are Software-as-a-Service is unavailable for five four or more hours in any 24-24 hour period at PeopleFluent’s faultperiod, the Client will be credited with a total of one weekday’s free Application hosting for every four hour period of unavailable hosting at the end of the Initial Term or applicable Renewal Term. 4.6 4.5 The Client accepts that PeopleFluent will require scheduled down-time periods from time to time to perform System system maintenance, backup and upgrade functions for the hosted Application Services Software-as-Service (“Scheduled Maintenance Down-Time”). Scheduled Maintenance Down-Time will usually consist of a periodic weekly three-three hour maintenance window to take place at the weekend. The weekly maintenance window is required to allow PeopleFluent (or its third party contractors) to maintain and improve server or storage space and other facilities. The timing of the weekly maintenance window will be communicated in writing to the Client from time to time. Additional periods of Scheduled Maintenance Down-Time may be required by PeopleFluent to perform system maintenance, back up and upgrade functions. Such additional periods which will be scheduled in advance by e-mail message or telephone call to the Client, and PeopleFluent will use its reasonable endeavours to schedule ensure that Scheduled Maintenance Down-Time is at times and for periods which minimise inconvenience to the Client. The measurement for Scheduled Maintenance Down-Time is the time elapsed from when the Services become Software-as-a-Service becomes unavailable to perform operations to the time when the Services become Software-as-a-Service becomes available to perform operations again. 4.7 4.6 The Client may designate up to two Users as technical support contacts for the Services hereundercontacts. Each technical support contact may document a technical support issue via PeopleFluent’s customer support web-based tool (zendesk or such other tool used by PeopleFluent from time to time). Support will be provided at the times specified in this Agreement, as otherwise agreed between PeopleFluent and the Client or as may be reasonably communicated to Client by PeopleFluent from time to time. The Client may change the technical support contacts up to twice in any year of this Agreement free of charge. 4.8 Client shall promptly communicate bugs or errors 4.7 PeopleFluent will in relation its sole discretion prioritize support requests related to the Application and PeopleFluent supplied standard iReports and dashboards via email to PeopleFluent or via the web-based tools described in Clause 4.7. Subject to Clause 4.1, PeopleFluent will provide support in relation to the Application and PeopleFluent supplied standard iReports and dashboards (if any) as followsinto four levels: PRIORITY ** DESCRIPTION INITIAL RESPONSE TIME TIME* TARGET RESOLUTION TIME ie the timeframe in which PeopleFluent shall aim, using commercially reasonable endeavours to rectify the reported problem. This commences on receipt by PeopleFluent of the necessary information and data to enable it to replicate the error.* TIME* 1. Critical problem. System is down. 1 hour 12 hours n/2. Major problem. System is functioning but operation is severely affected. Priority 2 problems may be resolved with a Majorfix or a workaround. If a workaround is provided, critical bugs the priority level will be downgraded to priority 3. 2 hours 24 hours 3. Minor problem. System is functioning and workaround is available. Priority 3 problems should be resolved with a fix or errors in a workaround. Next working day As appropriate 4. “How to” or administrative request. Client requests advice on how to use an existing function of the hosted Application not being Services, or requests an administrative operation such as courseware uploading. 2 working days As appropriate *Priority 1 issues (Initial Response Time and not related to (individual/non-standard) reports or dashboards). 2 Business Days from communication being made through PeopleFluent’s online support tool about the error or bug. As soon as reasonably practicable n/Target Resolution Time shall be calculated on a System availability/performance issues not being 24x7 basis; Priority 1 issues (2,3 and not related to 2 Business Days from communication being made through PeopleFluent’s online support tool in regard As soon as reasonably practicable (individual/non-standard) reports or dashboards). to the availability/performanc e issues. n/a Bugs or errors in PeopleFluent’s supplied standard iReports and dashboards (if any). 2 Business Days from communication being made through PeopleFluent’s online support tool about the error or bug As soon as reasonably practicable n/a Minor and non-critical Bugs or errors in non-standard reports and dashboards Not included (to be addressed in applicable statement of work(s)) Not included (to be addressed in applicable statement of work(s)) *4 Initial Response Time and Target Resolution Time shall be calculated on a 24x5 (Hong Kong SAR business days) basis ** PeopleFluent shall determine in its sole discretion in which Priority category a raised ticket falls “Initial Response Time” refers to the targeted response time by which PeopleFluent will communicate (by email, online case management system or telephone) with the Client in respect of the reported problem. It does not refer to the time in which the reported problem will be resolved by PeopleFluent.

Service Level Terms and Support. 4.1 As part of the Services, PeopleFluent will provide limited maintenance and technical support as stated below and as (may be) further described in the support policies on PeopleFluent’s online client pages (which PeopleFluent may in its sole discretion amend from time to time). Telephone and on-site support do not form part of the support provided hereunder. PeopleFluent will not be obliged to provide any support for any release of the NetDimensions Analytics application in use by the Client other than the release based on the most current version of Tibco Jaspersoft Corporation’s JasperReports Server and such other releases as may be specified at its online client pages (as may be amended by PeopleFluent at its sole discretion from time to time). For the avoidance of doubt, the only support services included in standard support are as described in this Clause 4. This is PeopleFluent’s standard support for NetDimensions Analytics (“Support”). PeopleFluent may provide additional technical support services to the Client upon terms and charges to be agreed. 4.2 Subject to Clause 4.1, limited maintenance for the Application as specified below is included as part of the Services (“Maintenance”). Maintenance includes the provision of Application software upgrades, as well as major, critical bug-fixes, patches, error corrections and enhancements (so, for the avoidance of doubt, does not apply to Client scripts, contents, reports or dashboards, or to minor and/or non-critical bug-bug- fixes, patches, error corrections and enhancements), at no additional charge, when any of them are at PeopleFluent’s sole discretion made available, without customisation, to PeopleFluent’s clients generally at no additional cost, and any such upgrades, bug fixes, patches, error corrections and enhancements shall become part of the Application, the Intellectual Property Rights in which shall remain with and vest in PeopleFluent or its licensors, as applicable. Any Application or System maintenance requested and provided in addition to or separate from the Maintenance described in this Clause 4.2 will be considered professional services work and shall be subject to a separate agreement or statement of work and additional charges shall apply. For the avoidance of doubt, any upgrade related work by PeopleFluent shall also be considered professional services work and shall be subject to a separate agreement or statement of work and additional charges shall apply. 4.3 For the avoidance of doubt, the only included support services for the Application and the Services are as defined in this Clause 4. Any other support requests related to the Application are subject to acceptance by PeopleFluent and may require additional charges as applicable. 4.4 PeopleFluent reserves the right to amend the Service Level Terms at any time upon 60 days’ written notice to the Client to the extent that such amendment does not have a material adverse effect on the Client. The Service Level Terms are limited to those events and service levels within PeopleFluent’s commercially reasonable control and do not include events or Services/services or security failures resulting from any actions or inactions of the Client or any third parties not under PeopleFluent’s direct control (including but not limited to Client or third party equipment and internet or telecommunications providers). 4.5 Service availability is defined as the amount of time the relevant PeopleFluent’s system (“System”) is available to the Client’s Users and capable of performing operations, excluding Scheduled Maintenance Down Time (as defined below). Non-Non- availability is the amount of time (excluding Scheduled Maintenance Down-Time) that the System (hence not (an) individual report(s) or dashboard) is either not available or not capable of performing operations. The Client’s Application services will be available 95% of the time on a calendar year basis. Non-availability caused by the actions or inactions of the Client or Client’s Users (including the Client’s equipment, internet access, browsers and/or specific or non-standard Client System configurations), or as a result of non- non-standard iReports or dashboards, or by a point of entry other than that agreed at implementation (pursuant to Clause 3.7) will not be included when calculating the System’s availability. If the Client’s hosted Application Services are unavailable for five or more hours in any 24-hour period at PeopleFluent’s fault, the Client will be credited with a total of one week’s free Application hosting at the end of the Initial Term or applicable Renewal Term. 4.6 The Client accepts that PeopleFluent will require scheduled down-time periods from time to time to perform System maintenance, backup and upgrade functions for the hosted Application Services (“Scheduled Maintenance Down-Time”). Scheduled Maintenance Down-Time will usually consist of a periodic weekly three-hour maintenance window to take place at the weekend. The weekly maintenance window is required to allow PeopleFluent (or its third party contractors) to maintain and improve server or storage space and other facilities. The timing of the weekly maintenance window will be communicated in writing to the Client from time to time. Additional periods of Scheduled Maintenance Down-Time may be required by PeopleFluent to perform system maintenance, back up and upgrade functions. Such additional periods will be scheduled in advance by e-mail message or telephone call to the Client, and PeopleFluent will use its reasonable endeavours to schedule Scheduled Maintenance Down-Time at times and for periods which minimise inconvenience to the Client. The measurement for Scheduled Maintenance Down-Down- Time is the time elapsed from when the Services become unavailable to perform operations to the time when the Services become available to perform operations again. 4.7 The Client may designate up to two Users as technical support contacts for the Services hereunder. Each technical support contact may document a technical support issue via PeopleFluent’s customer support web-based tool (zendesk or such other tool used by PeopleFluent from time to time). Support will be provided at the times specified in this Agreement, as otherwise agreed between PeopleFluent and the Client or as may be reasonably communicated to Client by PeopleFluent from time to time. The Client may change the technical support contacts up to twice in any year of this Agreement free of charge. 4.8 Client shall promptly communicate bugs or errors in relation to the Application and PeopleFluent supplied standard iReports and dashboards via email to PeopleFluent or via the web-based tools described in Clause 4.7. Subject to Clause 4.1, PeopleFluent will provide support in relation to the Application and PeopleFluent supplied standard iReports and dashboards (if any) as follows: PRIORITY ** DESCRIPTION INITIAL RESPONSE TIME TARGET RESOLUTION TIME ie the timeframe in which PeopleFluent shall aim, using commercially reasonable endeavours to rectify the reported problem. This commences on receipt by PeopleFluent of the necessary information and data to enable it to replicate the error.* 1. Critical problem. System is down. 1 hour 12 hours n/a Major, critical bugs or errors in the hosted Application not being Priority 1 issues (and not related to (individual/non-standard) reports or dashboards). 2 Business Days from communication being made through PeopleFluent’s online support tool about the error or bug. As soon as reasonably practicable n/a System availability/performance issues not being Priority 1 issues (and not related to (individual/non-standard) reports or dashboards). 2 Business Days from communication being made through PeopleFluent’s online support tool in regard As soon as reasonably practicable (individual/non-standard) reports or dashboards). to the availability/performanc e issues. As soon as reasonably practicable n/a Bugs or errors in PeopleFluent’s supplied standard iReports and dashboards (if any). 2 Business Days from communication being made through PeopleFluent’s online support tool about the error or bug As soon as reasonably practicable n/a Minor and non-critical Bugs or errors in non-standard reports and dashboards Not included (to be addressed in applicable statement of work(s)) Not included (to be addressed in applicable statement of work(s)) *Response Time and Target Resolution Time shall be calculated on a 24x5 (Hong Kong SAR business days) basis ** PeopleFluent shall determine in its sole discretion in which Priority category a raised ticket falls “Initial Response Time” refers to the targeted response time by which PeopleFluent will communicate (by email, online case management system or telephone) with the Client in respect of the reported problem. It does not refer to the time in which the reported problem will be resolved by PeopleFluent.

Service Level Terms and Support. 4.1 As part of the ServicesExcept in relation to Third Party Software, PeopleFluent will provide limited maintenance and technical support as stated below and as (may be) further described in the support policies on PeopleFluent’s online client pages (which PeopleFluent may in its sole discretion amend from time to time). Telephone and on-site support do not form part of the support provided hereunder. PeopleFluent will not be obliged to provide any support for any release of the NetDimensions Analytics application in use by the Client other than the release based on the most current version of Tibco Jaspersoft Corporation’s JasperReports Server and such other releases as may be specified at its online client pages (as may be amended by PeopleFluent at its sole discretion from time to time). For the avoidance of doubt, the only support services included in standard support are as described in this Clause 4. This is PeopleFluent’s standard support for NetDimensions Analytics (“Support”)support. PeopleFluent may provide additional technical support services to the Client upon terms and charges to be agreed. Where a Reseller is providing support, such support will be provided by the Reseller on such terms as may be agreed between the Reseller and the Client. 4.2 Subject Except in relation to Clause 4.1Third Party Software, limited maintenance for the Application as specified below is included as part of the Services (“Maintenance”)Services. Maintenance includes the provision of Application software upgrades, as well as major, critical bug-fixes, patches, error corrections and enhancements (so, for the avoidance of doubt, does not apply to Client scripts, contents, reports or dashboards, or to minor and/or non-critical bug-bug- fixes, patches, error corrections and enhancements), at no additional charge, when any of them are at PeopleFluent’s sole discretion developed by PeopleFluent and made available, without customisation, to PeopleFluent’s clients generally at no additional cost, cost and any such upgrades, bug fixes, patches, error corrections and enhancements shall become part of the Application, the Intellectual Property Rights in which shall remain with and vest in PeopleFluent or its licensors, as applicablePeopleFluent. Any Application maintenance or System maintenance requested and support provided in addition to or separate from the Maintenance maintenance described in this Clause 4.2 will be considered professional services work charged in addition, in accordance with Clause 4.1. Telephone and shall on-site support do not form part of Support. PeopleFluent will not be subject obliged to a separate agreement or statement provide Support for any release of work and additional charges shall apply. For the avoidance of doubt, any upgrade related work by PeopleFluent shall also be considered professional services work and shall be subject to a separate agreement or statement of work and additional charges shall apply. 4.3 For the avoidance of doubt, the only included support services for the Application other than the current release and the two immediately preceding releases. To the extent that the Application comprises or includes NetDimensions Analytics or other Third Party Software, PeopleFluent’s standard support and maintenance Services are and Service Levels Terms as defined described herein do not apply to NetDimensions Analytics or other Third Party Software. To the extent the Client also makes use of one of more non- production instances of the Application, PeopleFluent’s standard support and maintenance Services and Service Levels Terms do not apply in this Clause 4relation to such more non-production instances of the Application. Any other support and maintenance requests related to such non-production instances of the Application are subject to acceptance by PeopleFluent and may require additional charges as applicable. 4.4 4.3 PeopleFluent reserves the right to amend the Service Level Terms at any time upon 60 days’ written notice to the Client to the extent that such amendment is necessary to meet any ISO 27001 (or equivalent accreditation), legislative or best practice requirements, so long as the amendment does not have a material adverse effect on the Client. The Service Level Terms are limited to those events and service levels within PeopleFluent’s commercially reasonable control and do not include events or Services/services or security failures resulting from any actions or inactions of the Client or any third parties not under PeopleFluent’s direct control (including but not limited to Client or third party equipment and internet or telecommunications providers). 4.5 4.4 Service availability is defined as the amount of time the relevant PeopleFluent’s system (“System”) Software-as-a-Service is available to the Client’s Users and capable of performing operations, excluding Scheduled Maintenance Down Time (as defined below)) and non-availability caused by actions or inactions of the Client or Users. Non-availability is the amount of time (excluding Scheduled Maintenance Down-Time) that the System (hence not (an) individual report(s) or dashboard) Software-as-a-Service is either not available or not capable of performing operations. The Client’s Application services Software-as-a-Service will be available 9599.5% of the time on a calendar calculated over each year basisof this Agreement. Non-Non- availability caused by the actions or inactions of the Client or Client’s Users (including the Client’s equipment, internet access, browsers and/or specific or non-standard Client System configurations), or as a result of non- standard iReports or dashboards, or by a point of entry other than that agreed at implementation (pursuant to Clause 3.7) will not be included when calculating the SystemSoftware-as-a-Service’s availability. If the Client’s hosted Application Services are Software-as-a-Service is unavailable for five four or more hours in any 24-24 hour period at PeopleFluent’s faultperiod, the Client will be credited with a total of one weekday’s free Application hosting for every four hour period of unavailable hosting at the end of the Initial Term or applicable Renewal Term. 4.6 4.5 The Client accepts that PeopleFluent will require scheduled down-time periods from time to time to perform System system maintenance, backup and upgrade functions for the hosted Application Services Software-as-Service (“Scheduled Maintenance Down-Time”). Scheduled Maintenance Down-Time will usually consist of a periodic weekly three-three hour maintenance window to take place at the weekend. The weekly maintenance window is required to allow PeopleFluent (or its third party contractors) to maintain and improve server or storage space and other facilities. The timing of the weekly maintenance window will be communicated in writing to the Client from time to time. Additional periods of Scheduled Maintenance Down-Time may be required by PeopleFluent to perform system maintenance, back up and upgrade functions. Such additional periods which will be scheduled in advance by e-mail message or telephone call to the Client, and PeopleFluent will use its reasonable endeavours to schedule ensure that Scheduled Maintenance Down-Time is at times and for periods which minimise inconvenience to the Client. The measurement for Scheduled Maintenance Down-Time is the time elapsed from when the Services become Software-as-a-Service becomes unavailable to perform operations to the time when the Services become Software-as-a-Service becomes available to perform operations again. 4.7 4.6 The Client may designate up to two Users as technical support contacts for the Services hereundercontacts. Each technical support contact may document a technical support issue via PeopleFluent’s customer support web-based tool (zendesk or such other tool used by PeopleFluent from time to time). Support will be provided at the times specified in this Agreement, as otherwise agreed between PeopleFluent and the Client or as may be reasonably communicated to Client by PeopleFluent from time to time. The Client may change the technical support contacts up to twice in any year of this Agreement free of charge. 4.8 Client shall promptly communicate bugs or errors 4.7 PeopleFluent will in relation its sole discretion prioritize support requests related to the Application and PeopleFluent supplied standard iReports and dashboards via email to PeopleFluent or via the web-based tools described in Clause 4.7. Subject to Clause 4.1, PeopleFluent will provide support in relation to the Application and PeopleFluent supplied standard iReports and dashboards (if any) as followsinto four levels: PRIORITY ** DESCRIPTION INITIAL RESPONSE TIME TIME* TARGET RESOLUTION TIME ie the timeframe in which PeopleFluent shall aim, using commercially reasonable endeavours to rectify the reported problem. This commences on receipt by PeopleFluent of the necessary information and data to enable it to replicate the error.TIME* 1. Critical problem. System is down. 1 hour 12 hours n/2. Major problem. System is functioning but operation is severely affected. Priority 2 problems may be resolved with a Majorfix or a workaround. If a workaround is provided, critical bugs the priority level will be downgraded to priority 3. 2 hours 24 hours 3. Minor problem. System is functioning and workaround is available. Priority 3 problems should be resolved with a fix or errors in a workaround. Next working day As appropriate 4. “How to” or administrative request. Client requests advice on how to use an existing function of the hosted Application not being Services, or requests an administrative operation such as courseware uploading. 2 working days As appropriate *Priority 1 issues (Initial Response Time and not related to (individual/non-standard) reports or dashboards). 2 Business Days from communication being made through PeopleFluent’s online support tool about the error or bug. As soon as reasonably practicable n/Target Resolution Time shall be calculated on a System availability/performance issues not being 24x7 basis; Priority 1 issues (2,3 and not related to 2 Business Days from communication being made through PeopleFluent’s online support tool in regard As soon as reasonably practicable (individual/non-standard) reports or dashboards). to the availability/performanc e issues. n/a Bugs or errors in PeopleFluent’s supplied standard iReports and dashboards (if any). 2 Business Days from communication being made through PeopleFluent’s online support tool about the error or bug As soon as reasonably practicable n/a Minor and non-critical Bugs or errors in non-standard reports and dashboards Not included (to be addressed in applicable statement of work(s)) Not included (to be addressed in applicable statement of work(s)) *4 Initial Response Time and Target Resolution Time shall be calculated on a 24x5 (Hong Kong SAR business days) basis ** PeopleFluent shall determine in its sole discretion in which Priority category a raised ticket falls “Initial Response Time” refers to the targeted response time by which PeopleFluent will communicate (by email, online case management system or telephone) with the Client in respect of the reported problem. It does not refer to the time in which the reported problem will be resolved by PeopleFluent.