ITOPIA SERVICE LEVEL AGREEMENT

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1 ITOPIA SERVICE LEVEL AGREEMENT This Service Level Agreement ( SLA ) describes and summarizes the service level guidelines for Itopia s network services and hosted applications ( Services ). This SLA applies when customer orders Itopia Services pursuant to a valid Itopia services agreement. Itopia offers a comprehensive set of measurements to ensure our service availability commitment is guaranteed at a level 99.9% uptime of service availability in any given calendar month ( Service Commitment ). The Service Commitment is built upon a platform that is designed to deliver high availability throughout Itopia s network. HARDWARE The hardware components that are included as part of your Itopia hosting agreement, are guaranteed against failure. In the event any component fails, Itopia guarantees to replace or repair the faulty component and immediately bring the server back online from the time the faulty component is identified. If Itopia fails to bring the server back online within the scope of this SLA, credits will be issued to the customer following the schedule outlined below. All hardware in our data center is fully redundant and we have taken great lengths to ensure the uptime of your Services. This SLA is subject to periodic updates that will be applicable following thirty (30) days advance written notice. SOFTWARE Please be advised that any third-party applications installed on the Itopia platform may require third-party support. This may be in the form of "per incident support" or a "support contract". Any additional cost to support third-party applications will be the responsibility of the customer. NETWORK The Itopia network is built to deliver the highest level of network uptime and availability. Itopia guarantees a network uptime of 99.9%. Network downtime is defined as 100% packet loss occurring in the transmission of data (packets) from the customer s Itopia platform environment, hosted on-site in the data center, to the Internet backbone. Any suspected downtime must be reported immediately via or phone call and must be verified. Downtime will be measured from the time the outage is reported to Itopia s solutions management center to the time the server is able to transmit and receive data again. 1

2 ITOPIA NETWORK Itopia will guarantee that its network will be available 99.9% of the time in a given calendar month (30 days), excluding planned, scheduled or emergency maintenance. For this guarantee to apply, the following conditions must be met: Conditions for 99.9% Availability: Term Definition Itopia Network Data center and network facilities used to deliver the Itopia Service Monitoring Routers, firewalls, servers and connectivity to our data center is consistently monitored Availability The Itopia platform is available when access to the Service from an Internet connection is confirmed. Service availability is consistently monitored using internal and external monitoring tools Unavailability The period of time when a customer is unable to access Itopia Services from an external Internet connection attributable to a confirmed network failure at our data center Exclusions Unavailability or loss of Service are not included if caused by: External network problems of client-side incidents that are preventing connectivity Events of force majeure Planned, scheduled or emergency maintenance Reduction in performance due to unexpected core network saturation Reasons of Force Majeure Credits: For each day that itopia fails to meet the Uptime SLA above, Customer s account shall be credited for one day of the Customer s Recurring Monthly Fee for the affected Service, up to but not exceeding the monthly hosting fee for the affected service. This does not include additional charges such as bandwidth overages or any pass-through license fees. Credits will be applied to the Itopia monthly recurring fee for the month following the credit incident in favor of the Customer. 2

3 ITOPIA HOSTED APPLICATIONS Itopia will guarantee that its hosted applications will be available 99.9% of the time in a given calendar month (30 days), excluding planned, scheduled or emergency maintenance. For this guarantee to apply, the following conditions must be met: Conditions for 99.9% Availability: Term Definition Itopia Hosted Hosted applications are those that are delivered as part of Itopia s Applications hosted platform offering Monitoring Each remote application is consistently monitored to ensure connectivity is available Availability The Itopia platform is available when it allows a user with the correct credentials to login via our portal and stream an application session Unavailability The period of time when a customer is unable to access Itopia hosted applications from an external Internet connection. The period of downtime begins when a call or is placed which will generate a support ticket. The issue must be determined to be the fault of the Itopia data center; access granted from another machine is not considered unavailable. Exclusions Unavailability or loss of Service are not included if caused by: External network problems or client-side incidents that are preventing connectivity Planned, scheduled or emergency maintenance Events of force majeure Incidents relating to technical or human error on the customer terminal, including but not limited to anti-virus services, Microsoft updates, etc. Printers, scanners, copies, cameras, USB sticks, external hard drives, etc. Credits: For each day that itopia fails to meet the Uptime SLA above, Customer s account shall be credited for one day of the Customer s Recurring Monthly Fee for the affected Service, up to but not exceeding the monthly hosting fee for the affected service. This does not include additional charges such as bandwidth overages, or any pass-through license fees. Credits will be applied to the Itopia monthly recurring fee for the month following the credit incident in favor of the Customer. 3

4 Trouble Ticket and Incident Management and Solution Center Solutions Before reporting trouble or an incident to Itopia, please make sure that: The problem can be replicated from more than one source or location Customer has ensured that it has an Internet connection The person reporting the trouble is an authorized contact on the account Priority Level Incident Summary Examples Indicated Response Time & Resolution 1 Total loss of service: business critical DNS servers not responding Initial response in 15 minutes; best efforts functions impacted; Services down resolution within 4 hours extremely high degree of importance for all users 2 Degraded service performance: medium impact to business operations; no outage on a business level Experiencing some packet loss to application connection Initial response in 4 hours; best efforts resolution within 24 hours application, but intermittent issues Services running slow 3 Service change and new requests: non-critical issues not impacting the entire service, or single user firewall change, etc. Print function impacted Need addition storage space Require firewall change Initial response in 24 hours; best efforts resolution within 72 hours Reporting Procedure: Report incident and open a ticket via a process that Itopia will provide to Customer, including the following information: o Describe affected service o Describe issue in detail o Identify priority level Upon opening a ticket, trouble will be assigned and customer will receive a follow-up o Itopia engineering and support team will contact customer to troubleshoot issue o Response processed and resolution path confirmed Escalation: the details of the escalation communication to be provided under separate cover. 4

5 Limitations of Guarantee: The total credit granted to customer by any aspect of this Service Level Guarantee during any calendar month will not exceed the monthly fee for the same calendar month. All guarantees will not apply if downtime or unavailability occurs during standard itopia or data center maintenance windows or when Customer is notified at least 24 hours in advance of maintenance activities or unavailability of service guarantees. Credits or remedy will be provided only upon request of the customer. Requests for credit due to server unavailability must be received within five (5) days of the failure. No guarantee or remedy will be provided at any time for failures determined attributable to reasons of Force Majeure. This SLA in no way construes itopia will guarantee performance against application specific failures, such as web server software, operating system software, web site application features, database performance or related components. Itopia will work cooperatively with Customer to determine fault and identify failure to perform under the obligations of this SLA. False Alarms: improperly reported incidents during outside business hours may be subject to a fee of $250 per hour, in such case any work performed by Itopia would have to be preapproved by Client 5

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