Service Level Agreement

Agreement Overview

This Agreement represents a Service Level Agreement ("SLA" or "Agreement") between Medical Web Experts ("COMPANY") and its clients ("CLIENT") for the provisioning of hosting services required to support and sustain a hosted website, hosted software, custom product or custom software development.

This Agreement remains valid until superseded by a revised agreement mutually endorsed by the stakeholders.

Goals & Objectives

The purpose of this Agreement is to ensure that the proper elements and commitments are in place to provide consistent IT service support and delivery to the CLIENT by the COMPANY.

The objectives of this Agreement are to:

• Provide clear reference to service ownership, accountability, roles and/or responsibilities
• Present a clear, concise and measurable description of service provision to the CLIENT
• Match perceptions of expected service provision with actual service support & delivery

Service Agreement

Service Scope

The following Services are included in this Agreement:

• Manned telephone support
• Monitored email support
• Support desk / ticket system

The following products/services are covered by this Agreement:

• MWE Basic and Professional Hosting platform service commitment
• MWE Enterprise Hosting platform service commitment
• MWE Custom Hosting platform service commitment

Responsibilities

Company responsibilities

• Ensure the relevant Product and Professional Services are available to Client in accordance with the Uptime guarantee
• Respond to support requests within the timescales listed below
• Take steps to escalate, diagnose, and resolve issues in an appropriate and timely manner, including the allocation of a sufficient number of skilled staff and the collection of necessary information
• Maintain clear and timely communication with Client at all times

Client responsibilities

• Use the Product as intended under the Agreement
• Notify the Company of issues or problems in a timely manner and as thoroughly as is possible
• Cooperate with the Company in its efforts to escalate, diagnose, and resolve issues by providing timely and accurate responses to requests for information
• In case of an A-Priority Alert, ensure the availability of a sufficient number of skilled Client employees to cooperate with the Company
• Provide the Company with access to equipment, software, and services for the purposes of maintenance, updates, and fault prevention
• Maintain staff with adequate information technology knowledge to fulfill these responsibilities

Availability

MWE Enterprise Hosting

The Company guarantees 99.5% Uptime each month 24 hours a day 7 days a week ("Agreed Hours of Service"). Uptime is measured based on the monthly average of availability, rounded down to the nearest minute, and calculated as follows:

Uptime % = ((Agreed Hours of Service – hours of Downtime) / Agreed Hours of Service) × 100%

MWE Basic and Professional Hosting

The Company guarantees 99% Uptime each month 24 hours a day 7 days a week ("Agreed Hours of Service"). Uptime is measured using the same formula above.

MWE Custom Hosting

The company agrees a SLA under the contract with the client because custom hosting may vary the level of access and inference that the company specialists can have over the platform.

Exceptions

CLIENT shall not receive any credit under the SLA in connection with any failure or deficiency caused by or associated with:

1. Circumstances beyond COMPANY's reasonable control, including acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, strike, unavailability of telecommunications or third party services, virus attacks or hackers, or failure of third party software
2. Scheduled maintenance and emergency maintenance and upgrades
3. DNS issues outside the direct control of COMPANY
4. CLIENT's acts or omissions, including custom scripting or coding, negligence, willful misconduct, or use of the Services in breach of this Agreement
5. DNS propagation
6. Outages elsewhere on the Internet that hinder access to your account
7. Issues with email client configuration or performance

Service Credits

Should uptime fall below the SLA agreed above in any calendar month, the Company will pay liquidated damages in the form of Service Credits, calculated as follows:

To apply for a Service Credit, Client must submit a request to your Support contact by email within 30 days of the end of the applicable month with the subject line "SLA Service Credit". The request must include the dates and times of the Downtime claimed. Service Credits are the exclusive remedy for the company's failure to meet its Uptime guarantee.

Support Availability

• Regular business hours: 9:00 am – 5:00 pm Eastern Standard Time, Monday to Friday, except Federal U.S. Holidays
• Telephone support: conducted during business hours
• Email support: monitored during business hours; emails received outside office hours will be addressed the next working day
• Support desk / ticket system: clients may submit tickets at any time

Emergency Situations

1. Any work performed or calls handled outside regular business hours will be considered an emergency and billed accordingly
2. Services in need of an immediate resolution — including server failure, software failure, or e-PHI risk — that are not related to an existing project or approved work order may be completed without CLIENT's prior approval
3. CLIENT will be provided with an emergency email address and phone number forwarded to multiple parties in COMPANY's organization

Service Requests

The COMPANY will respond to service related incidents and/or requests submitted by the CLIENT within the following time frames:

Support Escalation Policy

If the normal support process does not produce the desired results, or if the problem has changed in priority, the problem can be escalated as follows:

1. Contact the representative working on the problem and request that priority be escalated
2. Contact a tier 2 manager if additional escalation is required
3. Contact a tier 3 manager if continued escalation is required
4. If no support representatives are available in an emergency, escalate in order of tiers

Critical and Emergency Service Requests

Clients are instructed to initiate all critical and emergency support requests by contacting their account manager for the emergency email address.