Service Level Agreement

The services and commitments contained in this Exhibit shall be known as the "Service Levels." The parties agree to revisit the Service Levels contained herein during each quarter of the Term, to determine whether and in what manner the Service Levels can be enhanced and improved. Any changes to the Service Levels shall be agreed to in writing by the parties and then added to the Agreement.

1. Support

Pixlee TurnTo will provide support for the Pixlee TurnTo System for problems that Customer has or experiences with the Pixlee TurnTo System ("Support"). Support is provided for any problem which is verifiable and reproducible as a failure of the Pixlee TurnTo System to conform to applicable documentation for the Pixlee TurnToSystem and the requirements of this Agreement.

2. Support Availability

  • Support hours: 8:00 A.M. to 6:00 P.M. Pacific Time Monday - Friday excluding bank holidays

  • Reasonable effects will be made to answer/action the calls made outside of support hours

  • Email support hours: Monitored 8:00 A.M. to 6:00 P.M. PST Monday - Friday

  • Emails received outside of support hours will be accepted and logged, however no action can be guaranteed until the next business day

3. Pixlee System Availability and SLA Commitment

  • The Pixlee TurnTo System will be available to Customer to the extent set forth in this Agreement and documentation for at least 99% of the time outside of SLA Exclusions (defined below) (known as the "SLA Commitment"),

  • Pixlee TurnTo will provide Customer with at least two (2) days advance written notice (email is sufficient, if to an address supplied by Customer for this purpose) prior to conducting any scheduled maintenance. Advance notice will not apply in the event of hardware or software emergencies, in which case Pixlee TurnTo will provide notice as soon as practical.

4. Service Credits; termination

  • If during any Quarter, the Pixlee TurnTo System is available for less than the SLA Commitment, Customer may either (a) terminate the Agreement upon thirty (30) day period; or (b) escalate the situation to Pixlee TurnTo's Senior executives under the terms of the Agreement. If the Senior executives of the parties do not resolve the issue within five (5) business days of when Customer raises the failure to meet the SLA Commitment, Customer is entitled to a credit equal to the difference between 99% SLA Commitment and the percent of time the Pixlee TurnTo system was available during the Quarter, multiplied by the price of the license fee paid by Customer during the Quarter, up to a maximum of 20% of the value of the license fee during the Quarter. In the even that Customer is due a credit, Pixlee TurnTo will credit Customer with the applicable credit within thirty (30) days of the end of the quarter in question or a refund if such downtime happens during the last quarter of the term before termination. Once a credit has been applied, any downtime that has been used to establish such service credit may not be used again in establishing a later or additional service credit. The remedies set forth in this Attachment 1 shall be the sole and exclusive remedies for Pixlee TurnTo's failure to meet Service Levels.

5. Service Level Availability Exclusions

The Service Level Commitment does not apply to any unavailability, suspension or termination of the Service attributable to, resulting from, or caused by: (i) authorized suspensions or terminations of the Service hereunder as specified in the Agreement (e.g. due to a breach of Customer or as otherwise prohibited); (ii) factors outside of the commercially reasonable control of Pixlee TurnTo, including any force majeure event or Internet access or related problems not within Pixlee TurnTo's commercially reasonable control making it impossible to provide Service; (iii) any actions or inactions of Customer or any third party not under Pixlee TurnTo's control that cause the unavoidability of the Pixlee TurnTo System (iv) denial of service attacks, mail flooding, or other attacks or disruptions directed towards Pixlee TurnTo's and/or Customer's networks or servers; (v) any failure of Customer's websites, hardware, equipment, software or other technology, or under the control of Customer; (vi) unavailability that results primarily form the Customer System or other Customer equipment, software or technology (other than third party equipment within Pixlee TurnTo's control), (viii) and scheduled maintenance at commercially reasonable intervals by Pixlee TurnTo; (each, an "SLA Exclusion").

6. Targeted Response and Resolution Times for Support Issues

Priority Level P0

  • Definition: Critical portions of the application are down. There is no workaround for critical functionality.

  • Targeted Response Time: 2 hours

  • Targeted Resolution Time: 24 hours

Priority Level P1*

  • Definition: Major error within the application. There are barriers to usage, but there is a workaround.

  • Targeted Response Time: 4 hours

  • Targeted Resolution Time: Next release cycle (1 to 4 weeks)

Priority Level P2

  • Definition: Major flaw in application logic.

  • Targeted Response Time: 1 business day

  • Targeted Resolution Time: 2 release cycles (up to 6 weeks)

Priority Level P3

  • Definition: Minor flaw in application logic.

  • Targeted Response Time: 2 business days

  • Targeted Resolution Time: 4 release cycles (up to 12 weeks)

‍*For priority level P1, wherever there is a clear, material business impact caused by an unresolved support issue Pixlee TurnTo will target to implement an interim solution or workaround within 24 hours.

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