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Service Level Agreement (SLA) & System Performance

  1. Availability. xRM shall use all reasonable commercial efforts to ensure that Service(s) are operating and available to Customer at a rate of ninety-nine percent (99.9%) uptime.

  2. Service Credits. Customer will be given a service credit of one month's billing charges for any month in which xRM fails to maintain an uptime of ninety-five percent (95%), which is exclusive of performance issues (a) caused by factors outside of xRM's reasonable control, (b) that resulted from Customer's equipment and/or third party equipment not within xRM's exclusive control or (c) that resulted from any actions or inactions of Customer or any third parties.

  3. Support and Response Time. xRM will provide support for its hosted infrastructure Service(s) twenty-four hours per day, seven days per week and three hundred and sixty-five days per year (24x7x365).

    xRM will respond to support requests within the following targeted time periods:
    • One hour if Service(s) is completely unavailable and affecting all users.
    • Two hours if Service(s) is completely unavailable and affecting some users.
    • Four hours if Service(s) is completely unavailable and affecting one user.
  4. Incident Handling. xRM will be responsible for coordinating all incident isolation, testing and repair work for the Service.

  1. Escalation Procedures. Customer and xRM will maintain an escalation process to aid in problem resolution should any outstanding incidents warrant, either because a party has not responded to an incident within the parameters set forth in this agreement, or because an incident has not been resolved within the estimated time of repair. Customer and xRM will exchange escalation procedures and contact lists. These lists will be routinely maintained, updated, and republished as changes warrant.

  2. System Maintenance. Server maintenance and/or upgrades shall be performed as required and will occur after standard business hours (5:00p.m. to 5:00a.m., Pacific Time, Monday through Friday and on Saturday and Sunday).

  3. Data Maintenance, Archival and Backup Procedures. Customer data residing within the Hosted Environment will be stored using RAID level 1 technology or higher. Customer data will be backed up once a day with weekly offsite storage. Backups will be retained for a period of no more than two weeks.

  4. Upgrades to Application Software and Associated Devices. When an upgrade to an existing device is released, including operating system upgrades, device upgrades, software upgrades and Microsoft required upgrades; xRM will work to coordinate these upgrades with preventative maintenance service calls or schedule with Customer to reduce downtime.

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