1. Operational Services Description.

1.1. Quorso will provide and maintain the Platform in accordance with the terms of this SLA.

1.2. The following additional definitions apply in this SLA:

2. Platform Service Level.

2.1. Service Level: Excluding any Scheduled Downtime or mutually agreed to Unscheduled Downtime, unavailability caused by factors outside of Quorso’s reasonable control or caused by third party actions, including but not limited to denial of service attacks and security compromises, Internet outages resulting from failures outside the control of Quorso’s third party hosting provider, corruption in Internet route information within a Tier 1 Internet route server environment, major connectivity failures within or between Tier 1 Internet service providers, corruption in Internet route information at any public or private exchange point, or corruption of root level DNS services, Quorso will use commercially reasonable endeavours to ensure that the Platform will be Available to Client for use during 99.5% of the time during each calendar month of the Term.

2.2. Monitoring: Client acknowledges that unplanned service losses will occur occasionally. However, Quorso shall use monitoring tools, which are designed to automatically alert Quorso’s personnel when identified service thresholds are reached. Quorso frequently reviews and refines its monitoring tools, techniques and procedures to improve service to its customers. Quorso reserves the right to modify the monitoring tools, techniques, procedures, vendors, and support services at Quorso’s discretion and without Quorso’s approval, so long as the changes adhere to generally accepted practice in the industry and do not adversely affect the Platform provided in accordance with this Agreement. Such changes to monitoring tools, techniques and procedures shall not in any way relieve Quorso of its obligations under this Agreement.

2.3. Exclusive Remedies: Excluding any Scheduled Downtime or mutually agreed to Unscheduled Downtime, unavailability caused by factors outside of Quorso’s reasonable control or caused by third party actions, including but not limited to denial of service attacks and security compromises, Internet outages resulting from failures outside the control of Quorso’s third party hosting provider, corruption in Internet route information within a Tier 1 Internet route server environment, major connectivity failures within or between Tier 1 Internet service providers, corruption in Internet route information at any public or private exchange point, or corruption of root level DNS services, in the event that the Platform is unavailable for Client’s use, Quorso shall provide Client with a “System Availability Service Level Credit” in the form of a credit issued in the next invoice equal to an amount calculated as follows:

In the event that the Platform is unavailable for Client’s use, Quorso shall commit to use commercially reasonable endeavours to maintain or restore the availability of the Platform.

2.4. Disaster Recovery: Notwithstanding the foregoing, Clients agrees that in case of a Force Majeure Event which results in a significant loss of Platforms performance, that Quorso will use commercially reasonable endeavours to restore Client’s access to the Platform at the same or different data centre location. Client acknowledges that such an event may result in a partial or degraded Platform for a temporary period after the Platform is restored and no Service Credits shall be applied.

3. Technical support.

When reporting an Error, Client will provide Quorso with all information necessary for Quorso to classify the Severity Level and reproduce the Error. On receiving a request for Technical Support, the Quorso Service Desk will gather the support request information including Client’s name, contact’s telephone number and an alternate telephone number. The Quorso Service Desk will categorize the Technical Support request and create a retrievable record thereof (including date and time of the Quorso’s receipt of the Technical Support request). Client will refer to the Software Problem Report Number issued by Quorso in the initial report of an Error, in all correspondence relating to such Error. Quorso will provide an initial response acknowledging each Error reported by Client, in accordance with the Severity Levels and response times identified below:

Severity levels are categorized as follows:

1. Permitted Users that use the Platform are significantly and adversely impacted because of the Error. The Platform is not available to Client’s Users, or functions or features are unavailable, or the production system is down or significantly impaired and requires immediate attention.
2. A high impact Error where the Platform is functioning, in a degraded mode (i.e. this Error causes an additional 4 hours to run a report, or an additional 2 hours to perform a task via a work around, etc.).
3. Client’s Permitted Users that use the Platform are not significantly impacted by the Error, but there continues to be a problem that is a nuisance.
4. Additional information related to a minor Error is needed. In the event Client reports an Error with low severity that becomes more critical, the Client may contact a Quorso Service Desk and request that the severity level for the Error be upgraded.

4. Product updates and feature requests.

4.1. Updates. Quorso at its option may make updates, bug fixes, modifications or improvements to the Quorso Platform from time-to-time, including adding or deleting features and functions in an effort to improve your experience. Where such changes introduce new features which are materially new, the Client shall have the option to purchase such features, Quorso reserves the right to charge an additional sum for such features. Quorso will not make changes to the Platform that materially reduce the functionality of the Platform as provided prior to the changes being made.

4.2. Feedback. If Client elects to provide any suggestions, comments, improvements, information, ideas or other feedback or related materials to Quorso (collectively, “Feedback”), Client hereby grants Client a worldwide, perpetual, non-revocable, sub-licensable, royalty-free right and license to use, copy, disclose, license, distribute, and exploit any Feedback in any format and in any manner without any obligation, payment, or restriction based on intellectual property rights or otherwise, however Quorso will not identify Client as the source of the Feedback. Nothing in this Agreement limits Quorso’s right to independently use, develop, evaluate, or market products, whether incorporating Feedback or otherwise.

5. Customer Support.

If you pay us a Fees for the Platform, phone, email and in-app support is included at no additional cost. Phone support for these Subscriptions is available during Support Hours. Quorso accept email and in-app support questions 24 Hours per Day x 7 Days per Week. Email and in-app questions can be submitted through accessing the Quorso help site, which is accessed through the application. Email and in-app responses are provided during phone support hours only. Quorso attempt to respond to email and in-app support questions within one business day; in practice, our responses are generally even faster. Quorso do not promise or guarantee any specific response time.