Last Updated: January 31, 2017

A.    Service Level.

1. Service Commitment

Workspot will make diligent efforts to make the Monthly Uptime Percentage for the availability of the Hosted Virtual Desktop Service to any End User at least 99.9% during any calendar month (the “Service Commitment”).  If Workspot does not meet the Service Commitment, Company will be eligible to receive a Service Credit as described below. Notwithstanding the foregoing, if the average Uptime Percentages over two or more consecutive calendar months is less than 99.5%, and unavailability of Services is not due to Company, then Company shall have the right to terminate this Agreement upon written notice to Workspot without further obligation to Workspot except for payment of outstanding fees for Services rendered.  If Company terminates this Agreement for such reason, Workspot shall refund Company for any prepaid but unused Services.

2. Definitions

Monthly Uptime Percentage is calculated by subtracting from 100% the Monthly Downtime Percentage.   The Monthly Downtime Percentage is calculated by dividing the number of minutes that the Hosted Virtual Desktop Service is Unavailable during the month by the number of minutes in a thirty day month as adjusted for a partial calendar month, and converting that fraction to a percentage.  Monthly Downtime Percentage calculations exclude downtime resulting from any SLA Exclusions.

Unavailable is defined as “Hosted Virtual Desktop” cannot be reached by any End Users.

A “Service Credit” is a dollar credit, calculated as set forth below, that will be credited to Company’s account as set forth below.

3. Service Credits

Service Credits are calculated as a percentage of the total charges paid by Company to Workspot for the billing cycle in which the error occurred in accordance with the schedule below.

  If the Monthly Uptime Percentage is:

 The Service Credit Percentage is:

Equal to or
greater than 95% but less than 99.9%

10% (of the monthly fee)

Less than 95%

25% (of the monthly fee)

 

Workspot will apply any Service Credits only against future Workspot payments otherwise due from Company. Service Credits will not entitle Company to any refund or other payment from Workspot. A Service Credit will be applicable and issued only if the credit amount for the applicable monthly billing cycle is greater than one dollar ($1 USD). Service Credits may not be transferred or applied to any other account. Unless otherwise provided in the Subscription Agreement, Company’s sole and exclusive remedy for any unavailability, non-performance, or other failure by Workspot to provide service is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA or termination as set forth in Section A. 1..

4. Requesting and Receiving the Service Credit

To receive a Service Credit, Company must submit a claim by sending a request for Service Credit to servicecredit@workspot.com .  To be eligible, the credit request must be received by Workspot within ninety days of when the downtime in the claim first occurred and must include:

• The words “SLA Credit Request” in the subject line;

Company’s   logs that indicate the dates and times of each incident of downtime that Company is claiming to document the errors and corroborate the claimed outage (any confidential or sensitive information in these logs should be removed or replaced with asterisks).

If the Monthly Uptime Percentage applicable to the month of such request is confirmed by Workspot and is less than the applicable Service Commitment, then Workspot will issue the Service Credit to Company within one billing cycle following the month in which Company’s request is confirmed by Workspot. Company’s failure to provide the request and other information as required above will prevent Company from receiving a Service Credit.

5. Exclusions

The Service Commitment does not apply to any unavailability, suspension or termination performance issues of the Workspot DaaS Services: (i)  due to scheduled or critical systems maintenance activities; (ii) that result from a suspension  of the Subscription Agreement; (iii) caused by factors outside of Workspot’s reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of DaaS Service; (iv) that result from any actions or inactions of Company or any third party; (v) that result from Company’s equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within Workspot’s direct control); or (vi) arising from the Inactive status of a Hosted Virtual Desktop; or (vii) arising from Workspot’s suspension and termination of Company’s right to use the Workspot DaaS Services in accordance with the Subscription Agreement (collectively, the “Exclusions”).

 

B. Incident Response.

1. General Information

 

Standard Support Plan

Enterprise Support Plan

Company
Service and Communities

24 x 7 access to
documentation, whitepapers, and support forums

24 x 7 access to
documentation, whitepapers, and support forums

Technical
Support

Standard business
hours** access to Support Engineers via email

24 x 7 access to
Support Engineers via email & phone

Who
can open cases

Designated Company
Contacts

Designated Company
Contacts

Case
Severity response times*

Normal < 12 Hours

Low < 1 business
day

Critical < 1 Hour

Urgent < 4 Hours

Normal < 12 Hours

Low < 1 business
day

Software
Maintenance

Included

Included

Pricing

Included

As set forth on the
Order Form

* We will make every reasonable effort to respond to your initial request within the corresponding time frames.   Incident requests that are created after Workspot business hours, as may be appropriate, will be handled on the next business day.

** Workspot standard business hours are  M – F  8 AM – 5PM Pacific Time excluding US federal holidays.

2.    Severity Levels

Support Severity Level

Definition

Critical

“Critical”
Incident means an Error causing catastrophic failures that severely impact the Company’s ability to conduct business. Company’s systems are down or not functioning and business operations are severely disrupted.

Urgent

“Urgent”
Incident means an Error causing major functionality to be degraded in which the Company’s operation is disrupted but there is an ability to remain productive and maintain necessary business-level operations.

Normal

“Normal”
Incident means an Error causing partial loss of non-critical functionality.The Error impairs some operations but the Company can continue to function.

Low

“Low”
Incident means a general usage question, cosmetic issues, request for future product enhancements or modifications

 

3. Process.

a. First Response to Incidents. Company’s End User may make an initial inquiry regarding the operation of the Hosted Virtual Desktop Services generally or an incident requiring technical support for the Hosted Virtual Desktop Services, (each an “Incident”) For each Incident submitted to Company by a Company’s End User, Company will have the obligation to provide the necessary response or technical support directly to the End User, Company shall diligently attempt to resolve Incidents.  (level 1 “Support”) Only after an unsuccessful attempt at resolving an Incident and after Company reasonably determines that the Incident reported by Company is due to a failure of the Hosted Virtual Desktop Services Company may submit the Incident to Workspot’s support. Company shall designate support contacts (each so designated a “Designated Company Contact”)   for solving support issues with Workspot.  A Designated Support Contact may report the issue to Workspot by initiating and submitting a technical support request via a Workspot contact mechanism (a “Support Ticket”).  Designated Company Contact will provide the following information for each Support Ticket: (a) Company’s name and contact info:   (b) Company’s  name and Company’s Designated Company Contact information; (c) Company’s requested severity level; (d) a description of the failure;  and additional relevant information, if any.

b. After receipt of a Support Ticket from a Designated Company Contact, Workspot then will provide the standard support that Company has selected. (level 2 “Support”)  Note that Workspot is not obligated to (i) work on an Incident if there is insufficient information provided by Company to facilitate investigation  (ii)  work on an Incident that cannot be reproduced; (iii) work on an Incident related to the Hosted Virtual Desktop Service which has been modified by Company or a third party other than a representative of Workspot; or (iv) work on an Incident related to use of the Hosted Virtual Desktop Service other than as specified by the Documentation or in breach of the Agreement;  (v) work on an interoperability issue  caused by third party software or devices and/or the error also occurs without the presence of The Hosted Virtual Desktop Service, and any such rejections shall not be a breach of the Agreement and shall not be failure to resolve the Incident.  Company acknowledges and agrees that not all errors can be corrected. Support tickets may be closed by Workspot if the issue is deemed to not be failure of the Hosted Virtual Desktop  Service to comply with its documentation or if there is a lack of response from Company for more than ten (10) consecutive business days.  Company may re-open a closed technical support request if Company has new information related to the Incident.