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EXHIBIT D <br /> Service Levels <br /> 1. Platform Uptime. <br /> The Platform will achieve a system uptime performance level of 99.9% during the Operation <br /> Hours on an annual basis inclusive of any downtime caused by the underlying <br /> telecommunication services provider. In this Exhibit, "Operation Hours" means 6 am to F <br /> midnight Pacific Time, seven days a week. <br /> PerfectMind will only be responsible for its Platform uptime performance levels and will not be <br /> responsible for any failure due to a failure of Customer's system(s) or a Force Majeure event as <br /> described in this Agreement, and such failures shall not be counted against PerfectMind's <br /> required system uptime performance levels. <br /> PerfectMind may, upon not less than seven (7) days' prior written notice to Customer, which <br /> may be email notification, cause the Platform to be unavailable for a period of time not to exceed <br /> 12 consecutive hours ("Planned Maintenance"). Planned Maintenance will be performed during <br /> the Maintenance Window, and not more than once per week, unless any such Planned <br /> Maintenance is a result of urgent events outside of PerfectMind's direct control in which case <br /> PerfectMind will provide as much notice as is practicable. Planned Maintenance will apply <br /> against PerfectMind's required uptime performance level unless (i) it is conducted during the <br /> Maintenance Window; or (ii) it is as result of remedial work necessary to address a material <br /> defect with third party software such as Microsoft® operating system or SQL server. In this 9, <br /> Exhibit D, "Maintenance Window" means between 12:01 a.m. and 6 a.m. Pacific Time on any t{ <br /> day. <br /> 2. Technical Support. <br /> Following the reporting of a problem by Customer's technical support personnel either via phone <br /> call or email PerfectMind's technical support, PerfectMind will respond to the problem in <br /> accordance with the incident level and provide a fix to the problem all in accordance with the <br /> table set forth below: <br /> ;24x7X365 Technical tipport <br /> Description Response time Resolution Time <br /> Client report an incident via phone, A live agent will 85% of the incidents <br /> email, or chat immediately discuss are currently <br /> the issue with the client addressed on the first <br /> call <br /> The initial call requires escalation to The initial call will be 95% of the escalated <br /> Level II transferred to a Sr. live calls to level II are <br /> agent to further discuss addressed within the <br /> the incident with the first call <br /> customer <br /> 14 <br />