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Platform Service Level Terms

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Version Date: 11.26.2024

Subject to Client’s timely and complete payment for the Services, the following service levels shall apply with respect to the Platform:
Availability

Humach will use commercially reasonable efforts to maintain the online availability of the Platform (“Availability”) as follows:

1. The Availability target is 99% each month (the “Availability Target”).

2. Monthly Availability is calculated by multiplying 100 times the quotient of (i) total number of minutes in the applicable month minus Downtime minutes (as defined below) in the applicable month divided by (ii) the total number of minutes in the applicable month.

Monthly Availability % = 100 x ((total minutes in applicable month – Downtimeminutes in applicable month) / (total minutes in applicable month)

3. “Downtime minutes” means the total minutes of any interruption in the Availability of the Platform in excess of 30 consecutive minutes, to the extent the Downtime minutes are not attributable to any of the following:

  • Scheduled maintenance with respect to which Humach has providedClient at least 48 hours’ notice;
  • Emergency maintenance;
  • The acts or omissions of Client; and/or
  • Circumstances beyond the reasonable control of Humach, including, without limitation, general Internet problems and failure or malfunction of any equipment or services not provided by Humach.
4. If Monthly Availability in a given calendar month is less than the Availability Target, Humach will provide Client a Service Credit based on the table below, calculated as a percentage of the platform fees in the applicable month.

Monthly Availability

Service Credit %

Less than 99% but equal to or greater than 98%

2.5%

Less than 98% but equal to or greater than 95%

5%

Less than 95%

10%

5. If Monthly Availability is below the Availability Target, Humach will provide Client with a report of Downtime minutes for the applicable month. To receive a Service Credit, Client must request such credit within seven (7) days after the receipt of the monthly report referenced above. Service Credits will be applied upon issue of the first invoice following the applicable month’s Service Credit, unless it occurs in the final month of the Term. In such case, a refund for the dollar value of the Service Credit will be issued within thirty (30) days of the termination of the Agreement. Service Credits are Client’s exclusive remedy and Humach’s sole obligation with respect to any unavailability or non-functionality of the Platform.

Response Times
Humach will take the following actions within the timeframes set forth below with respect to anyreported issues with the Platform:

Action

Severity Level 1

Severity Level 2

Severity Level 3

Severity Level 4

Acknowledge

Within 2 business hours during business hours. Within 4 hours outside of business hours.  

Within 8 business hours

Within 2 business days

Within 4 business days

Follow Up

Every 2 business hours

Every 8 business hours

Weekly

As needed

Escalate

Immediate

8 business hours

As needed

As needed

Severity Level 1
  • Critical Business Impact – Platform is completely down with no workaround. There is a critical impact to Client if access to the Platform is not quickly restored.
Severity Level 2
  • Functionality inoperative – Operation of the Platform is significantly restrictedimpacting more than half of users, with no known workaround available.
Severity Level 3
  • Functionality impaired – Impairment of business functions within Platform where an acceptable workaround exists, or where less than half of users are impacted.
Severity Level 4
  • Minor defect– The defect in the Platform minimally impairs business functions.
Humach provides the following types of support:

Telephone Support:

Phone Number: 972-694-0605

Hours of Support: 24 x 7 x 365

Email Support:

Email Address: support@humach.com

Hours of Support: 8:00AM – 5:00PM Central Time

Web Support: https://support.humach.com/

Notwithstanding the foregoing, Humach is under no obligation to ensure Availability or provide any other support services with respect to problems resulting from or arising out of:
  • Any Third-Party Product;
  • any modification of or damage to the Platform not caused by Humach;
  • the failure of Client to operate or use the Platform with the proper hardware and in the proper environment;
  • the failure of Client to use the Platform in accordance with Humach‘s provided documentation and/or reasonable written instructions; or
  • the failure to adhere to any Master Service Agreement and/or End User License Agreement; between Client and Humach; or
  • use of the Platform with third party hardware or software not provided or approved by Humach.

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