Rightworks Cloud Services
Support Response Time Service Level Policy (SLP)

1. Standard terms applicable to all Service Levels outlined herein:
   1. Definitions
      1. “Claim” means a claim submitted by Customer to Rightworks pursuant to this SLP that a Service Level has not been met and that a Service Credit may be due to Customer.
      2. “Customer” refers to the organization that has signed an agreement (“Agreement”) under which it has purchased Cloud Services from Rightworks.
      3. “Customer Support” means the services by which Rightworks may provide assistance to Customer to resolve issues with the Services.
      4. “Incident” means any set of circumstances resulting in a failure to meet a Service Level.
      5. “Service” or “Services” refers to the Cloud Services provided to Customer pursuant to the Agreement.
      6. “Service Credit” is the percentage of the monthly service fees for the affected Service that is credited to Customer for a validated Claim.
      7. “Service Level” means standards Rightworks chooses to adhere to and by which it measures the level of service it provides for each feature as specifically set forth below.
   2. Service Credit Claims
      1. Rightworks provides this SLP subject to the following terms.
      2. To submit a Claim, Customer must contact Customer Support and provide notice of its intention to submit a Claim. Customer must provide to Rightworks all reasonable details regarding the Claim.
      3. In order for Rightworks to consider a Claim, Customer must submit the Claim, including sufficient evidence to support the Claim, by the end of the billing month following the billing month in which the Incident, which is the subject of the Claim, occurs.
      4. Rightworks will use all information reasonably available to it to validate Claims and make a good faith judgment on whether the SLP and Service Levels apply to the Claim.
      5. In the event that more than one Service Level is not met because of the same Incident Customer must choose only one Service Level under which a Claim may be made based on that Incident, and no other Claim under any other Service Level will be accepted for that Incident.
      6. Credits are calculated only against the particular service for each subscription that did not meet its associated uptime percentage for that subscription as defined in the Service Level section of this document.
   3. SLP Exclusions
      1. This SLP and any applicable Service Levels do not apply to any performance or availability issues:
         1. Due to factors outside Rightworks' reasonable control (for example, a network or device failure external to Rightworks' data centers);
         2. That resulted from Customer’s use of hardware, software, or services not provided by Rightworks in connection with services (for example, third-party connectivity to the Rightworks Cloud);
         3. Due to Customer’s use of the Service in a manner inconsistent with Rightworks’ published documentation or guidance (for example, also includes viruses introduced by the customer’s misuse of email or software);
         4. Caused by Customer’s use of the Service after Rightworks advised Customer to modify its use of the Service, if Customer did not modify its use as advised;
         5. Attributable to acts by persons gaining unauthorized access to Rightworks’ Service by means of Customer’s passwords or equipment or otherwise resulting from Customer’s failure to follow appropriate security practices.
   4. Service Credits
      1. The amount and method of calculation of Service Credits is described below in connection with each Service Level description.
      2. Service Credits are Customer’s sole and exclusive remedy for any violation of this SLP.
      3. The Service Credits awarded in any billing month shall not, under any circumstance, exceed Customer’s monthly Service fees.
      4. For Services purchased as part of a suite, the Service Credit will be based on the pro-rata portion of the cost of the Service, as determined by Rightworks in its reasonable discretion.
      5. Service Credits for this SLP will only be calculated against monthly fees associated with the particular Service for each subscription that did not meet the uptime percentage defined in the Service Level section below.
2. Service Levels
   1. Support Response Time: Average Ticket Response Time Service Level
      1. Definitions
         1. “Average Ticket Response Time” Service Level is detailed on the Cloud Services Order Form for each specific Customer.
         2. The Support System will maintain logs tracking tickets and responses with sufficient detail to determine the Average Ticket Response Time.
      2. Monthly Average Ticket Response Time

         Monthly Average Ticket Response Time	Service Credit *
         Up to 2 hours over stated SLP	5%
         > 2 hours over stated SLP	10%

         * Service credit applies only to usage charges for Base User fee (i.e., does not apply to charges for other features such as Mail/Exchange hosting, App Server hosting, Managed Workstations, etc.).