Service Level Agreement

Schedule B (Hosting and Customer Service Support Levels)

The following terms and conditions are incorporated into the Terms. Capitalized words not defined in this Schedule shall have the meaning ascribed to such words in the Terms.

I. DEFINITIONS
For the purposes of this Schedule and the Terms, in addition to the capitalized terms defined in the Terms, the following terms shall have the meanings ascribed to them as follows:

“Automatic Updates” means the period of time (computed in minutes) during the Measurement Window that the Service is unavailable due to scheduled maintenance in a scheduled maintenance window, which shall be on a Saturday or Sunday between 20:00 and 24:00 Eastern Time and which will generally result in a planned outage of the Service of less than five (5) minutes. Customer will not be provided with notice in respect to Automatic Updates.

“Critical Maintenance” means the period of time (computed in minutes) of maintenance other than Automatic Updates that Fiix needs to perform for preventative maintenance for potential Service affecting issues and for which Fiix has provided at least four (4) hours prior notice to Customer (which notice can be provided via email to Customer’s support contact).

“Downtime Exclusions” means any downtime caused by any of the following: (a) Automatic Updates; (b) Critical Maintenance; (c) equipment, hardware or software that is owned, leased or provided by Customer or that is part of the public Internet (including any network latency in any of the foregoing); (d) failures or service degradation of any third-party networking, connectivity, hosting, managed services or Internet service necessary for the proper functioning of the Service that are not in the reasonable control of Fiix; (e) any use of the Service other than in accordance with its applicable documentation; and (f) denial of service attacks.

“Measurement Window” means an annual Subscription Term (calculated in minutes, as follows: 24 hours per day multiplied by number of days multiplied by 60 minutes).

“Scheduled Availability” means the total amount of time in the Measurement Window.

“Service Availability” will be calculated as follows:
(((Scheduled Availability) minus (Downtime Exclusions during the Measurement Window)) divided by (Scheduled Availability)) multiplied by 100, with the result expressed as a percentage.

“Service Request” means a reported problem or issue in respect to the Service that is unique from any other opened problem or issue reported by Customer in respect to the Service. “Work-Around” means a temporary solution to an issue reported in a Service Request that results in the return of the Service to a functional and operational status.

Downtime calculations exclude the following:

• Automatic Updates and Critical maintenance
• External network or equipment problems outside of our reasonable control
• Issues that are related to external apps or third parties
• Any products or features delivered as pilot, alpha, beta, POC or similar
• Test or sandbox environments
• DDoS related incidents

II. SERVICE LEVELS
The Service Availability target of the for the Service is 99.5% in the applicable Measurement Window. The Service Availability target does not apply to the above exclusions.

III. SUPPORT SERVICES

i. Support is available to Customer that have paid a Subscription Fee to Fiix for the Service. Support Hours are 9 am to 5 pm Eastern Time Monday through Friday, except for Canadian statutory holidays (“Support Hours”), and 24/7 for Priority Level I issues (as hereinafter defined). Support may be reach via the following means:

Email: support@fiixsoftware.com
Toll Free (North America only): 1-855-884-5619
International or local: + 1 647 317 9055

ii. Technical Response Times
Fiix will provide technical responses to Service Requests received from Customer in accordance with the “Priority Levels” and “Technical Response Times” set forth in the table below. The time for provision of technical responses shall be measured from the time of receipt of the applicable Service Request by Fiix during Support Hours. Upon receipt of a Service Request, the Service Request will be assigned a “Priority Level” by Fiix. The “Technical Response Time” will depend on the “Priority Level” assigned to the Service Request in accordance with the following table:

If Fiix does not provide a Work-Around or a correction in the allotted Technical Response Time for a Priority Level 1, Priority Level 2 or Priority Level 3 Service Request, Fiix will continue to work to correct the issue each day during the week for a Priority Level 1 issue or during Support Hours for a Priority Level 2 or Priority Level 3 issue. If Fiix provides a Work-Around for an issue identified in a Service Request, Fiix will work to correct the issue identified in the Service Request as described in the previous sentence until such time as a correction is provided. Fiix will provide updates to Customer on the status of Service Requests as and when appropriate for the Priority Level of the Service Request.

iii. Exceptions
Fiix will not be responsible for correcting an issue identified in a Service Request arising from any of the following:

• Issues resulting from any modifications of the Service made by anyone other than Fiix.
• Issues resulting from incorrect use of the Service; or to the extent the relevant environment is not within Fiix’s control.
• Issues resulting from any fault in the equipment or in any software used in conjunction with the Service (including Customer Service-Compatible Applications).

The Technical Response Times for Priority Level 1 and Priority Level 2 Service Requests as provided in the table above, will be extended by the time of any delay attributable to any acts or omission of Customer or any of its employees, agents or subcontractors. Fiix may also charge Customer, in Fiix’s sole discretion, for the time required to resolve problems as a result of Customer’s actions, the fees of which will be determined by Fiix and communicated to Customer for acceptance prior to work being carried out by Fiix.

iv. Fiix Integration Hub Fiix will support and maintain Integration Hub integrations based on the original use case described in the SOW. Fiix’s maintenance of this use case includes any updates to the Fiix API in addition to release updates to 3rd party vendors. Integration support outside of the existing use case or involving new 3rd party products or services may require additional professional services resources and would be assessed on a case by case basis.

v. Service Limits
Fiix will not be responsible for supporting any third-party party software or third-party technology (including Customer Service-Compatible Applications) unless such software or technology has been provided by Fiix as part of the Service.

Fiix may be required to rate limit, block or restrict Customer or third-party activities that are having an adverse impact on the Service.

IV. HOSTING AND DATA
Your Data is backed-up regularly and stored by Fiix and its third-party service providers primarily in Canada and the USA, in accordance with our Privacy Policy, Security Protocols and the Terms.

© Fiix Inc. All rights reserved – Last Revised: June 1st, 2020

In the event that Fiix does not provide a workaround or a correction in the allotted Technical Response Time for a Category 1, 2 or 3 Service Request, Fiix will continue to work to correct the issue each day during the week for a Category 1 issue or during Support Hours for a Category 2 or 3 issue. In the event that Fiix provides a workaround, Fiix will work to correct the issue as set out in the terms in the previous sentence until such time as a correction is provided. Fiix will give updates to Customer as and when appropriate for the Category of the Service Request. Fiix will work to resolve Service Requests on a ‘best-efforts’ basis at all times.

iii. Escalation process
To resolve client Service Requests as quickly as possible, Fiix will use a three-level process based on the severity of the issue. Escalation up the technical support chain is Fiix’s responsibility and will be initiated only when a Service Request has NOT been resolved within the Technical Response Time. The resolution process is described in the following matrix:

iv. Exceptions

Fiix will not be responsible for correcting a Service Request arising from any of the following:

• Problems resulting from any modifications of the Hosted Service made by any party other than Fiix.
• Incorrect use of the Hosted Service; or to the extent the relevant environment is not within Fiix’s control.
• Any fault in the equipment or in any programs used in conjunction with the Hosted Service.

The Technical Response Times for Category 1 and 2 Service Requests as set forth in the section above, will be extended by the length of any delay in the time to fix issues attributable to any acts or omission of Customer or any of its employees, agents or subcontractors. Fiix will also charge the Customer, at its sole discretion, for the time required to resolve problems as a result of the Customer’s actions, the fees of which will be determined by Fiix and communicated to the Customer for acceptance prior to work being carried out.

v. Service limits

Fiix will not be responsible for:

• Responding to requests for assistance for any one other than Customer’s named and designated representatives.
• Supporting any 3rd party software or technology (unless said technology has been provided by Fiix as part of the Hosted Service).

IV. HOSTING AND DATA

Data is backed-up regularly and stored by Fiix and its third party service providers primarily in Canada and the USA, in accordance with our Privacy Policy, Security Protocols and Master Service Agreement.

V. SANDBOX ENVIRONMENT SERVICE LEVEL

The Sandbox Environment will be provided twenty-four (24) hours per day, seven (7) days per week with no guarantee of Service or Uptime.

© Fiix Inc. All rights reserved – Last Revised: November 1, 2017