Customer Service Level Agreement. Version 1.6, published 20th October :13

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1 Version 1.6, published 20th October :13

2 Contents 1 Breakdown of Product Support and Services PureResponse software support PureResponse and SMS delivery services Service Levels Software application availability and SMS delivery performance Performance monitoring Notification procedures for planned outages and excusable delays Service level tracking and reporting Support Call Procedures and Management Help desk Support call procedure Resolution Support call Resolution Levels Escalation Penalties... 8 Page 2 of 9 Pure360.com

3 1.Breakdown of Product Support and Services This document covers the provision of the following of Pure s software support and services: PureResponse software support PureResponse and SMS delivery services 1.1 PureResponse software support The PureResponse software is defined as the on-line managed software application written and published by Pure. Pure have full programming control over the PureResponse suite of programs and will provide a full remedial service including fixes for any demonstrable software bugs. 1.2 PureResponse and SMS delivery services The PureResponse and SMS delivery services are defined as the delivery of one or more or SMS messages by Pure managed servers on behalf of the Customer. Pure use managed servers located at hosting locations in two UK locations to deliver and SMS messages. Pure has full control over the administration of the server operating systems and will provide a full remedial administration service, including operating system updates, for any demonstrable problems with the server operating systems. Pure has no direct control over the server hardware, internet connectivity or telecommunication bandwidth used to deliver and SMS messages, however will provide its customers with a technical support service for server hardware, internet connectivity and telecommunication bandwidth under the same terms as those provided by its suppliers. Page 3 of 9 Pure360.com

4 2.Service Levels 2.1 Software application availability Notwithstanding the exclusions detailed below, Pure will guarantee 95% monthly availability of the PureResponse on-line software application between standard UK working hours (8:00am 6:00pm Monday to Friday). Where availability guarantees are not met, Pure will incur penalties as detailed under the penalties section below Exclusions Routine maintenance a period of 4 working hours each month will be allowed for the application of software and operating system updates. Please note: routine maintenance of the software application and server operating systems will normally occur outside of UK working hours as defined above. Maintenance occurring outside of working hours is not considered part of the routine maintenance exclusion. Force majuere and any other events beyond Pure s reasonable control. Excusable delays Pure shall be liable for penalties unless underperformance is caused by an occurrence beyond its reasonable control and without its fault or negligence such as, acts of god or the public enemy, acts of the government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather and terrorist acts and SMS delivery performance Pure have identified a performance benchmark target for its current server and software infrastructure of between 60,000 and 80,000 and 3000 SMS messages sent per hour. For convenience the Message Send Rate per hour will be known as the MSR. (Please refer to notes below for further definition of MSR) Notwithstanding the exclusions detailed below, Pure will guarantee to provide server and software capacity to deliver an MSR of at least 50,000 s and 2000 SMS during standard UK working hours (8:00am 6:00pm Monday to Friday). The MSR may be affected by the practical upload times for address and telephone number lists. Notwithstanding the exclusions detailed below, Pure will guarantee server and software capacity to provide address and telephone number upload rates equivalent or above 50,000 rows per hour during standard UK working hours (9:00am 6:00pm Monday to Friday). Where a manual process is necessary to upload very large numbers of addresses and/or telephone numbers in blocks or segments and depending on the nature of the manual intervention the guaranteed upload rate will not apply. Pure reserve the right to delay upload of such lists until outside standard UK working hours. Page 4 of 9 Pure360.com

5 Please note. 1) Under standard contract terms the MSR quoted above is NOT specific to individual customers or campaigns. In other words, the available MSR is shared between all customers wishing to use the available servers at any specific time. Where individual customers require a guaranteed MSR for their own campaigns Pure can discuss requirements and provide additional dedicated server facilities that will normally incur additional costs. However, the calculation for MSR is directly linked to the number of servers working in parallel. A single server dedicated to an individual customer will normally have a lower MSR than the multiple servers being used to supply standard contract terms. Pure expects guaranteed message send rates to increase as Pure adds further servers to service increased customer demand.. 2) Message send rates do not directly correspond to Message Delivery Rates (MDR). External factors greatly influence MDR and Pure cannot be held responsible for these external factors Exclusions Routine maintenance a period of 4 working hours each month will be allowed for the application of software and operating system updates. Please note: routine maintenance of the software application and server operating systems will normally occur outside of UK working hours as defined above. Maintenance occurring outside of working hours is not considered part of the routine maintenance exclusion. Force majuere and any other events beyond Pure s reasonable control. Excusable delays Pure shall be liable for penalties unless underperformance is caused by an occurrence beyond its reasonable control and without its fault or negligence such as, acts of god or the public enemy, acts of the government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather and terrorist acts. 2.3 Performance monitoring Monitoring of MSR, MDR and upload rates is conducted at regular intervals although there is no automatic monitoring software to record performance levels. Formal monitoring and reporting of achieved message sending rates is available at the request of the customer, but may be incur an administration charge over and above the normal service charges. 2.4 Notification procedures for planned outages and excusable delays Pure will notify its customers in writing by at least 48 hours before any planned period of routine maintenance and shall promptly give written notice by at the cessation of planned maintenance periods. Page 5 of 9 Pure360.com

6 Pure will notify its customers in writing by as soon as it is reasonably possible after the commencement of a excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable despatch, and shall promptly give written notice by at the cessation of such occurrence. 2.5 Service level tracking and reporting Pure will record each instance of its service being unavailable to its customers and the reasons for the unavailability. Formal reports and statistics of achieved Service Levels are available at the request of the customer, but may incur an administration charge over and above the normal service charges. Page 6 of 9 Pure360.com

7 3. Support Call Procedures and Management 3.1 Help desk Pure will provide software support services to customers from its UK based support centre. Software support will be available within the normal UK working hours of 9:00am to 6:00pm. 3.2 Support call procedure Contact details for the Pure help desk can be found on the Support tab of the PureResponse software application. Each call or to the Pure Help Desk will be dealt with in turn. Where possible the customer enquiry / problem will be resolved by phone or immediately. If it is not possible to resolve the enquiry / problem immediately, the nature of the problem will be evaluated and the customer will be provided with an estimated Resolution level. Where a resolution level of 3 or above is assigned the Pure help desk will record a customer log number against the call. Once the call has been logged, Pure is responsible for it s resolution. Where there is disagreement between the customer and Pure over the assigned resolution level, a temporary resolution level will be assigned and escalation will occur. Where the problem is deemed to be the responsibility of the customer to resolve, Pure will contact the pre-designated System Manager to discuss the problem in detail. Pure must receive agreement from the System Manager before assuming that responsibility has been transferred. 3.3 Resolution Pure will agree with the customer directly when it is believed that the problem has been resolved. The call is closed if the customer agrees that the fault / problem has been fixed. 3.4 Support call Resolution Levels If problems are not rectified immediately, the customer will be issued with an estimated Resolution level number. Resolution level numbers relate to the responsibility for problem resolution, the severity of the problem and the amount of time in which the problem should be resolved. Resolution level One Responsibility of customer

8 Resolution level Two How to or usage type enquiry Resolution level Three Resolution time: 4 working hours. The main PureResponse application is completely inoperable I.E. no users can access the software for use. Resolution time: 24 hours Resolution level Four Individual user experiences fault that completely prevents usage Resolution time: 10 working days Resolution level Five All users or an individual user experiences a fault that does not prevent usage (this definition does not include agreed bug faults) Resolution time: The remaining period of year quarter for agreed updates. Resolution level Six All other faults - to include all agreed bug status faults. Please Note: The definition of a bug for this document will be a fault caused by an inherent programming defect within the PureResponse suite of software programs Please Note: Priority Four becomes the default priority level if the problem cannot be rectified over the phone or advice by Escalation Where there is disagreement between the customer and Pure over the assigned resolution level or where a problem has not been resolved within the agreed resolution level timescales, escalation will occur. Where escalation occurs, the customer Systems Manager will be contacted immediately and the call will be escalated within Pure. Where the Customer s Systems Manager is not available, all issues will be escalated through the following contact: During escalation, a full discussion will be held on all aspects of the problem and what actions might be possible to solve it. If applicable, penalty levels will be agreed. 3.6 Penalties Pure will incur the following penalties if the following target service levels are not met for any individual customer: Resolution Level Target Penalty One 90% Initial response to problem / enquiry within 4 working hours of receipt N/A

9 Two 90% Initial response to problem / enquiry within 4 working hours of receipt N/A Three Four Five Six 95% within 4 working hours of notification of problem 95% within 24 working hours of notification of problem 90% within 10 working days of notification of problem 90% within the remaining period of year quarter for agreed updates Reduce monthly subscription charge by 50% Reduce monthly subscription charge for single user by 100%. Reduce monthly subscription charge by 50% Reduce quarterly subscription charge by 75% The penalty will be applied to the month(s)/quarter(s) during which the symptoms of the problem are experienced by the customer and will be provided to the customer in the form of a reduction in the next invoice where service is retained or a credit note where service is terminated.

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