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Shipwell Service Level Agreement

OVERVIEW

This Service Level Agreement (the “SLA”) describes the service levels applicable to Customer’s access to Shipwell’s Service pursuant to the Master Subscription Agreement (the “Agreement”) between the Customer and Shipwell.

SERVICE LEVELS

While the Customer is receiving the Service under the Agreement, Shipwell shall use commercially reasonable efforts to provide the Service in accordance with the Service Availability Goal (the “Availability Goal”). If the Service does not meet the Availability Goal, Customer will be eligible for Service Credits or other compensation as described in the respective section.

SERVICE AVAILABILITY GOAL

Shipwell will provide the Service with a Monthly Uptime Percentage (the “Uptime”) of greater than 99.9% for each calendar month during the term of a subscription (the “Service Availability Goal”). Planned Downtime (“Permitted Downtime”) means downtime that occurs as part of Shipwell’s maintenance activities and is excluded from the Downtime (“Downtime”) where the Service is unavailable to the Customer.

Uptime for each month shall be calculated as follows:

Monthly Uptime = (Minutes in Month – Minutes of Downtime in Month) / Minutes in Month

If Shipwell fails to meet the Service Availability Goal in a given month during the term of a subscription and Customer meets its obligation under the SLA, Customer will receive Service Credits per the schedule below:

Monthly Uptime Percentage:

< 99.9% >= 99.0%: 5 Days Added to Subscription Term

< 99.0% >= 95.0%: 15 Days Added to Subscription Term

< 95.0%: 30 Days Added to Subscription Term

CUSTOMER OBLIGATIONS

In order to be eligible for any Service Credits as described above, Customer must be current in all payment obligations and be in full compliance with the terms and conditions set out in the Master Subscription Agreement. In order to receive any Service Credits, Customer must notify Shipwell in writing within thirty (30) days from the time Customer becomes eligible to receive Service Credits. Failure to comply with this requirement will result in forfeiture of Customer’s right to receive Service Credits.

SUPPORT PROVISIONS AND RESPONSE TIMES

Severity Definition Initial Response Time Target Resolution Time
Severity 1

Critical production issue that severely impacts the customer’s use of the Service. The situation halts your business operations and no procedural workaround exists.

  • Shipwell Service is down or unavailable.
  • Data corrupted or lost and must restore from backup.
  • A critical documented features / function is not available.
30 minutes Workaround within 4 hours, remediation same day
Severity 2

Major functionality is impacted or significant performance degradation is experienced. The situation is causing a high impact to portions of the customer’s business operations and no reasonable workaround exists.

  • Shipwell Services is operational but highly degraded performance to the point of major impact on usage.
  • Important features of Shipwell’s offering are unavialable with no acceptable workaround; however, operations can continue in a restricted fashion
Same Day Workaround within two business days, remediation with next available release
Severity 3 There is a partical, non-critical loss of use of the Services with a medium-to-low impact on the customer’s business, but the business continues to funciton. Short term workaround is available, but not scalable. Same Day Remediation dependent on best effort
Severity 4 Inquiry regarfding a routine technical issuel; inofmration requested on application capabilities, navigation, isntallation or configuration; bug affecting a small number of users. Acceptable workaround available. No set time No set time

Support Services will be available via phone or email during regular business hours – 8:00AM to 6:00PM EST – Monday through Friday except for Holidays, which are:

  • New Year’s Day
  • Martin Luther King Jr. Day
  • Presidents’ Day
  • Memorial Day
  • Independence Day
  • Labor Day
  • Columbus Day
  • Veterans Day
  • Thanksgiving Day
  • Christmas Eve
  • Christmas Day
  • New Year’s Eve

SLA EXCLUSIONS

The SLA does not apply to any Service that expressly excludes this SLA (as stated in documentation for the Service) or any performance issues caused by force majeure events or any other circumstances beyond Shipwell’s reasonable control, those that result from Customer’s or third party’s equipment or services, or are caused by any failure of the Internet or other telecommunications systems.