Service Level Agreement Service Level Agreement (SLA) HEGIAS AG 1. Introduction 1.1. This Service Level Agreement (‘SLA’) serves as a supplemental document to the Cloud Service Agreement (´Agreement´) between Customer and HEGIAS. Defined terms have their meaning set out in the Agreement or in the following Definitions: “Business Hours” means 0900 to 1700 Monday to Friday, except for the recognized public holidays in Switzerland. “Error” means a failure in the Services, such that it does not materially function in accordance with its Documentation. “Response” means the creation of a file by HEGIAS in the Support Portal that includes (i) the name of the person to whom the case has been assigned within HEGIAS, (ii) the Status of the Error, (iii) the Error’s severity level, and, as soon as practicable (iv) the proposed next Steps towards Error correction with a targeted timeframe. “Support Portal” means the Support portal at https://support.hegias.com 1.2. This SLA sets out what levels of availability and support Customer may receive for the HEGIAS Services during the Term of the Agreement. It aims to enable the two Parties to work together effectively. 1.3. This SLA only applies if and for as long as Customer is subscribed to a Subscription Plan. 2. General services covered 2.1. General Services. This SLA applies to the HEGIAS Services defined in the Agreement and comprises of the following operations and support services to Customer whether directly provided by HEGIAS, or provided by a 3rd party subcontractor of HEGIAS: Hosting Facility Service. HEGIAS assumes all responsibility for the hosting of the HEGIAS Systems. Operations & Monitoring Services. The HEGIAS Systems are supported by a 24 x 7 automated and alert monitoring system. System Administration Services. HEGIAS will own and manage the HEGIAS Systems. System Recovery Services. HEGIAS will provide the following Recovery Services: > Hosting Infrastructure and environment recovery processes > Service recovery processes > Offsite data backup storage via media (e.g. tape) or cloud including rotation, retention, and periodic testing of data backups 3. Error correction and support request 3.1. Error Reporting. All Errors should be reported by Customer to HEGIAS to a designated Customer Support Contact, by email at email@example.com or call at +41 43 501 17 77. 3.2. Acknowledgment. HEGIAS shall acknowledge receipt of such notification by email, reproduce the error and assign a severity level as soon as practicable. 3.3. Efforts. HEGIAS shall use commercially reasonable efforts either to correct or provide instructions for circumventing any verifiable and reproducible Errors discovered in the Services. 3.4. Problem Management & Customer Support Service. HEGIAS provides problem management support for all HEGIAS Services covered by the Agreement. Customer will direct problems encountered with the HEGIAS Services provided in the Agreement to a Customer Support contact as identified by HEGIAS. Problems will be assigned a severity level based on the following criteria: Problem Severity Level Description Severity Level 1 Mission critical Customer business process(s) unable to function: The System is not functioning and there is no workaround that is acceptable to the Customer, thereby preventing a department or workgroup from performing a mission critical business function(s). Severity Level 2 Significant impact to Mission critical Customer business process(s): A major problem impedes the ability to perform mission critical business function(s) due to major functionality not working. A temporary work- around that is acceptable to the Customer is available. Severity Level 3 Not able to accomplish all functions: Minor function(s) not working causing non-critical work to back up. Severity Level 4 Inconvenience: The System is causing a minor disruption in the way tasks are performed but does not stop workflow. Able to accomplish all functions, but not as efficiently as normal. May include cosmetic issues. 3.5. Resolution times. HEGIAS will endeavour to resolve problems as swiftly as possible. However, HEGIAS is unable to provide guaranteed resolution times but will provide Customer with frequent progress reports. 4. Exclusions 4.1. General. This SLA does not apply to: General assistance with regard of the use of the Services, installation of the Service, and connection support Any equipment, software, services, third party or otherwise, or any other parts of the System not provided by HEGIAS. Software, equipment or services not purchased via and managed by HEGIAS. Additionally, this SLA does not apply when: > The problem has been caused by using equipment, software or service(s) in a way that is not recommended by HEGIAS or by using unsupported devices, equipment, software, or other services. > The Customer has made unauthorized changes to the configuration or set up of affected equipment, software, or services. > The Customer has prevented HEGIAS from performing required maintenance and update tasks. 4.2. Force majeure. This SLA does not apply in circumstances that could be reasonably said to be beyond HEGIAS’s control. For instance: floods, war, acts of god, civil unrest and so on. 4.3. Breaches of Agreement. This SLA also does not apply if Customer is in breach of the Agreement for any reason (e.g. late payment of fees, improper use, violation of terms, etc.). 5. Responsibilities 5.1. HEGIAS responsibilities. HEGIAS will provide and maintain the HEGIAS Services ordered by Customer and make its operations and support services available through access via the Internet. Additionally, HEGIAS will: Respond to support requests within the timeframes agreed upon on the Order. Take steps to escalate and resolve issues in an appropriate, timely manner. Maintain good communication with Customer at all times. 5.2. Customer responsibilities. Customer will use the HEGIAS Materials as intended. Customer will insure, indemnify, and hold harmless HEGIAS for any violations, real or alleged, of any laws or regulations, relating to the use of the HEGIAS Materials 5.3. Customer’s Cooperation. HEGIAS’s obligations under this SLA are subject to Customer providing HEGIAS with full, good faith co-operation and such information as may be required by HEGIAS in order to render the Support Services. HEGIAS will provide Customer with any relevant documentation to help resolve any issues. Customer shall Supplement or modify its operating methods as reasonably required to make effective use of the Software and Support Services. Any delay in responding to information requests or action items submitted by HEGIAS or a failure by Customer to cooperate with HEGIAS to resolve any open issues, may increase or void the time period for the Response. 5.4. Technical contact. Customer shall designate by written notice to HEGIAS a technical contact (including the relevant name, job title, email and telephone number) who shall be the sole interface with HEGIAS. Customer may replace the designated individuals by providing written notice to HEGIAS. 5.5. In order to facilitate problem reproduction and fixing, and as per its duty to collaborate with HEGIAS, Customer acknowledges that HEGIAS may require access to the Customer’s Systems relevant to the Services. Such access will be granted and given by Customer to HEGIAS’s designated technical staff upon request for problem reproduction, diagnosis, test, follow up or any other measures to help identify or resolve an Error or provide Support. If no access Is granted to HEGIAS when required, HEGIAS’ obligations under this SLA cease.