Service of Agreement - Radics Network

SERVICE AGREEMENT

Last modified August 13, 2013.

All RADICS Plans and Packages, including RADICS Enterprise and Custom Packages that explicitly list Service Level Agreement (“SLA”) in the Order Form, are subject to the terms and conditions of this SLA

1. DEFINITIONS

Capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the RADICS Terms of Service (“Agreement”).

2. UPTIME GUARANTEE

For the term of the Agreement, RADICS grants to You a limited, non-transferable, non-exclusive right to access and use its proprietary, commercially available Service for Your internal business use. The Service is made available to You as a hosted service. We host and retain physical control over the software and only make it available for access, and use by You and Your end users over the Internet through a web-browser. Nothing in this Agreement obligates RADICS to deliver or make available any copies of computer programs or code from the software to You. You may not rent, lease, distribute, or resell the Service, or use the Service as the basis for developing a competitive solution (or contract with a third party to do so), or remove or alter any of the logos, branding, trademark, patent or copyright notices, confidentiality or proprietary legends or other notices or markings that are on or in the Service. THE TOTAL CREDIT ALLOWANCE PER MONTH IS CAPPED AT 100% of THAT MONTH’S MONTHLY RECURRING FEE FOR THE AFFECTED ACCOUNT. This guarantee covers RADICS’s internal infrastructure including application and database servers, routers, switches, the cables connecting them, and connectivity to our backbone providers. This guarantee does not cover email delivery.

3. SCHEDULED MAINTENANCE

Scheduled Maintenance means any maintenance on the equipment and services that affect the uptime of RADICS, for which You are notified at least 24 hours in advance. Notice of Scheduled Maintenance will be provided to your account administrator by a method elected by RADICS (email or telephone). Nothing in this agreement shall prevent RADICS from conducting emergency maintenance on an as-needed basis. In the event that scheduled maintenance may unduly affect Your operations, it shall be Your responsibility to so notify RADICS TechPro (Technical Support) via the RADICS Network Portal to discuss any necessary arrangements.

4. CREDIT PROCEDURES AND EXCEPTIONS

You must notify us via opening a support ticket via the RADICS Network Portal indicating that you wish to pursue your rights as guaranteed by this SLA within 10 days of the incident to be eligible for credit. RADICS is not required to provide SLA-guaranteed services or credits to customers who are in default of their contractual obligations. Upon opening a support ticket, we will verify the claim and if the problem is verified and meets the requirements of this SLA, we will measure downtime. Credits shall not be allowed for conditions (i) caused by You or others authorized by You; (ii) due to the failure of power, facilities, equipment, systems or connections not provided by RADICS.; (iii) the result of scheduled maintenance or upgrades where You have been notified in advance; (vi) attacks (i.e. hacks, denial of service attacks, viruses) by third parties, and other acts not caused by RADICS and (vii) events of force majeure, including acts of war, god, earthquake, flood, embargo, riot, sabotage, labor dispute (outside of RADICS’s own employees), government act, or failure of the Internet, and actions or inactions of Your personnel, affiliates and vendors. Credits are accumulated monthly with Monthly Cumulative Downtime being reset at the beginning of each calendar month. Any two consecutive months in which Monthly Cumulative Downtime is in excess of 270 minutes would be considered a breach of contract by RADICS and You would have the option to terminate with cause. Credits are applied to future invoices or paid by check/wire if credit occurs in final service month. RADICS monitoring systems and records shall be the information source of record for the accumulation of Monthly Cumulative incidents.

5. OTHER LIMITATIONS

The remedies set forth in this Service Level Agreement shall be Your sole and exclusive remedies for any Service Interruption, outage, unavailability, delay, or other degradation, or any RADICS failure to meet the service objectives.

6. FOR MORE INFORMATION

If you have any questions or comments about this Agreement, contact us via the HELP Menu through the Network Portal link from our homepage.