Agenda - 06-02-2015 - 6e - Laserfiche WebLink

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EXHIBIT 1 11 Should Simpieview fail to achieve 99.9% System Availability in any calendar months, Client shall receive a prorated credit towards future services. The credit shall be calculated by taking the difference between 99.9% and the actual percent of System Availability and multiplying by the monthly calculated licensing fee for the specific application affected (excluding annual licensing fees from third party providers like Distribion). Should Simpieview fail to achieve 99.9 % System Availability in each of two consecutive calendar months, Client shall have the right to terminate this Agreement for cause (and without having to give Simpieview any cure period), in which case Simpieview will refund to Client any prepaid fees for the remainder of the Term after the date of termination. Claims under this service level warranty must be made in good faith and by submitting a support case within 20 business days after the end of the relevant period. 2.3.2 Disaster Recovery. Simpieview shall maintain a disaster recovery plan (a "DRP ") for all technology required to provide the Services, together with the capacity to execute the DRP. The DRP shall, at a minimum, require mirror servers or ability to connect Client's servers via multiple Internet Service Providers (ISPs). Upon request by Client, Simpieview shall provide Client with an executive summary of Simpieview's then - current version of the DRP. Simpieview shall perform disaster recovery tests at least annually. Simpieview shall provide Client a written description of all DRP test results in sufficient detail to allow Client to assess the success of each test. 2.3.3 Security. Simpieview shall provide all reasonable physical, anti -virus and password related security for the Simpieview system and /or services, and will make all reasonable security procedures available to protect Client Data from unauthorized access. Simpieview shall have and adhere to commercially reasonable written information security guidelines for maintaining security controls which guidelines include without limitation, physical, administrative and technological controls. Simpieview shall act proactively in preventing security breaches and laying out a process for fixing known security breaches once identified. Simpieview shall notify Client when security breaches or security holes are identified. 2.3.4 Backup Procedures. Data will be backed up on at least a daily basis. In the event that a data restore is required as a result of equipment failure, Simpieview will bear the costs of such restore. Client may request a back -up of data at any time. 3. Service Fees Page 13