This Classe365 Service Level Agreement (“SLA”) between Classe365, Inc. (“Classe365”, “us” or “we”) and users of the Classe365 Services (“you”) governs the use of the Classe365 Containerized Services under the provisions of the Classe365 Terms of Service (the “Terms”).

This SLA applies separately to each of your Public or Dedicated Environments, as defined in the Terms. This SLA does not apply to shared environments.

Unless otherwise provided herein, this SLA is subject to the provisions of the Terms. Capitalized words and phrases have the meaning specified in the Terms. We reserve the right to change the terms of this SLA in accordance with the Terms.

1. Service Commitment: 99.95% Uptime

Classe365 will use commercially reasonable efforts to make the Classe365 Containerized Services available with a Monthly Uptime Percentage of at least 99.95% during any monthly billing cycle (the “Service Commitment”).

2. Definitions

“Classe365 Containerized Services” mean apps and databases running on Classe365 in Dedicated or Public Environments.

“Maintenance” means scheduled Unavailability of the Containerized Services, as announced by us prior to the Containerized Services becoming Unavailable.

“Monthly Uptime Percentage” is calculated by subtracting from 100% the percentage of minutes during the month in which the Classe365 Containerized Services were Unavailable. Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly from any Classe365 SLA Exclusion.

“Service Credit” means a credit denominated in US dollars, calculated as set forth below, that we may credit back to an eligible account.

“Unavailable” and “Unavailability” mean, for app services and databases, when your service or database is not running or not reachable due to Classe365’s fault. This excludes (a) containers that are unreachable or not running because the container’s provisioned resources (RAM, CPU, disk, as applicable) are insufficient; and (b) members of a database cluster where the cluster as a whole is running and reachable.

"Problem Response Time" mean, the time period after Classe365’s confirmation of the Service event, from receipt of the information required from the user for Classe365’s Support Team to begin resolution and open a trouble ticket in Classe365’s systems. Due to the wide diversity of problems that can occur, and the methods required to resolve them, problem response time IS NOT defined as the time between the receipt of a call and problem resolution. After receiving a report of fault, Classe365 shall use a reasonable method to provide user with a progress update.

3. Response Time

The Problem Response Time per incident will vary upon the degrees defined below:

Problem Response Time mentioned above are on business hours Monday to Friday Australian Eastern Standard Time (AEST) 

4. Notice to Classe365

When an incident has occurred, Customer should report the error reflected in the application to Classe365 by filling out a new in-app message from their respective account (http://accountname.Classe365.com). Classe365 requires the same information Customer would require to recreate the problem in a similar environment. Customer should follow these guidelines when submitting any incident:

The In-app message must be completely filled out. Classe365 may be unable to act upon any incident until all information reasonably requested has been received by Classe365. All information so requested is critical in evaluating the incident report. If the In-app message does not have the required information requested, Classe365 will need to request the additional information, thereby delaying the process. If the additional information is not provided within seven (7) days, the request will be considered withdrawn and the Case closed. Customer may reopen the request at a later date once Customer is able to submit the requested information. ·Customer must designate on the In-app message the incident classification that is appropriate for Customer’s problem. Priority will be given to “Category Level 1 & 2” incident designations (as further described above). ·Customer must provide on or with the In-app message(or otherwise make arrangements with Classe365 to provide) a full description of the problem, sample of output showing the problem, step to reproduce the problem, expected results, and, when applicable, a copy of the input transaction that caused the problem.  Classe365 Response Time

Classe365 will acknowledge receipt of the incident within the time specified above after receipt of the In-app message. Classe365 acknowledgement will be via reply to the in-app message or email and will indicate the type of error Customer indicated. Classe365 may reclassify an incident in accordance with the definitions above, however Classe365 will notify Customer of such change in classification.

Classe365 Investigation of Incident

If necessary, Classe365 will attempt to duplicate the problem at Classe365 facilities. If Classe365 is unable to duplicate Customer’s problem, Classe365 will provide samples of the output from its attempts to duplicate the problem, and Classe365 will make a reasonable attempt to determine the problem and furnish an explanation to Customer. This information will be sent to Customer via the In-app message tool. 

Classe365 will provide updates on its attempts to duplicate the problem and correct the incident to Customer at least as frequently as follows or as mutually agreed:

Classe365 Effort Level

For an “Level 1” incident, Classe365 will continue working on the incident to the best of its ability, irrespective of stated support hours, if Customer requests, until a reasonably satisfactory resolution is achieved but only so long as:

·Customer’s personnel are assisting Classe365 during normal business or outside business hours, on a similar basis; ·At least one of Customer’s qualified employees is constantly available to Classe365 to help resolve problems, and ·Customer provides Classe365 any necessary access to Customer’s system.

Classe365 Support services will be provided without additional charge for the time of its personnel during Standard Support Hours for all errors and all time required hereunder for “Level 1” incidents. If the incident resolution is billable (as defined below), Classe365 will inform Customer promptly and will charge Customer for the time, including research and documentation, incurred to resolve the incident. Classe365 will give first priority to incidents classified as “Category Level 1” and then to those classified as “Category Level 2, 3 and 4”.

Classe365 will provide support for all incidents other than an “Category Level 1” during Standard Support Hours. Classe365 will continue to address a “Category Level 2,3 and 4” incident until a satisfactory resolution is achieved. Classe365 will address “Category Level 3” and “Category Level 4” incidents until a reasonably satisfactory resolution is achieved, which may include concluding that further effort is unwarranted. 

Customer Escalation

Any incident that has not been;

(a)Acknowledged within the time periods required by “Classe365 Response Time” of this policy or; (b)Updates are not provided as required by “Classe365 Update” of this policy or; (c)Classe365 is not fulfilling its other obligations under “Classe365 Effort Level” of this policy may be escalated by Customer to the Customer’s Engagement Manager. After Standard Support Hours contact for escalation is only to be made for “Emergency” incident issues.

4. Classe365 SLA Exclusions

The Service Commitment does not apply to any unavailability, suspension or termination of the Classe365 Containerized Services, or any other Classe365 Containerized Service performance issue:

That results from a suspension or Remedial Action, as described in the Terms;

Caused by factors outside of our reasonable control, including any force majeure event, Internet access, or problems beyond the demarcation point of the Classe365 network;

That results from any actions or inactions of you or any third party;

That results from the equipment, software or other technology of you or any third party (other than third party equipment within our direct control);

That results from failures of Classe365 Containerized Services not attributable to Unavailability; or

That results from any Maintenance.

If availability is impacted by factors other than those used in our Monthly Uptime Percentage calculation, then we may issue a Service Credit considering such factors at our discretion.

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