Orange County NC Website
DocuSign Envelope ID:71441 DDA-7E15-4159-A0F1-9E6104D56C41 <br /> cp Exhibit A.1 for Orange County, NC <br /> Civic Plus Service Level Agreement <br /> CivicPlus will use commercially reasonable efforts to make the GCMS®available with a Monthly Uptime Percentage(defined below)of <br /> at least 99.9%, in each case during any monthly billing cycle (the"Service Commitment"). In the event CivicPlus does not meet the <br /> Service Commitment, you will be eligible to receive a Service Credit as described below. <br /> Definitions <br /> • "Monthly Uptime Percentage"is calculated by subtracting from 100%the percentage of minutes during the month in which the <br /> CGMS,was"Unavailable." Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly from <br /> any Exclusion (defined below). <br /> • "Unavailable"and "Unavailability"mean: <br /> o The HTML of the home page of the site is not delivered in 10 seconds or less 3 times in a row when tested from <br /> inside our network and returns a status of 200. <br /> o The Main page of the site returns a status other than 200 or 302 3 times in a row. <br /> • A"Service Credit" is a dollar credit, calculated as set forth below, that we may credit back to an eligible account. <br /> Service Commitments and Service Credits <br /> Service Credits are calculated as a percentage of the total charges paid by you (excluding one-time payments such as upfront <br /> payments)for the month, beginning with the first full month of service, in accordance with the schedule below. <br /> Monthly Uptime Percentage Service Credit Percentage <br /> Less than 99.9% 1%of one month's fee <br /> We will apply any Service Credits only against future payments otherwise due from you. Service Credits will not entitle you to any <br /> refund or other payment from CivicPlus. A Service Credit will be applicable and issued only if the credit amount for the applicable <br /> monthly billing cycle is greater than one dollar($1 USD). Service Credits may not be transferred or applied to any other account. Unless <br /> otherwise provided in the Client Agreement, your sole and exclusive remedy for any unavailability, non-performance, or other failure by <br /> us to provide the service is the receipt of a Service Credit(if eligible)in accordance with the terms of this SLA. <br /> Credit Request and Payment Procedures <br /> To receive a Service Credit, you must submit a claim by opening a case with Support.To be eligible, the credit request must be <br /> received by us by the end of the second billing cycle after which the incident occurred and must include: <br /> 1. the words"SLA Credit Request" in the subject line; <br /> 2. the dates and times of each Unavailability incident that you are claiming; <br /> 3. the affected Site domains; and <br /> 4. Any documentation that corroborate your claimed outage. <br /> If the Monthly Uptime Percentage of such request is confirmed by us and is less than the Service Commitment, then we will issue the <br /> Service Credit to you within one billing cycle following the month in which your request is confirmed by us.Your failure to provide the <br /> request and other information as required above will disqualify you from receiving a Service Credit. <br /> SLA Exclusions <br /> The Service Commitment does not apply to any unavailability, suspension or termination of GCMS®, or any other GCMS®performance <br /> issues: (i)that result from a suspension; (ii)caused by factors outside of our reasonable control, including any force majeure event or <br /> Internet access or related problems beyond the demarcation point of CivicPlus; (iii)that result from any actions or inactions of you or <br /> any third party; (iv)that result from your equipment, software or other technology and/or third party equipment, software or other <br /> technology(other than third party equipment within our direct control); (v)that result from any maintenance as provided for pursuant to <br /> the Client Agreement; or(vi)arising from our suspension and termination of your right to use the GCMS®in accordance with the Client <br /> Agreement(collectively, the"SLA Exclusions"). If availability is impacted by factors other than those used in our Monthly Uptime <br /> Percentage calculation, then we may issue a Service Credit considering such factors at our discretion. <br /> Addendum 3 Page 3 of 4 <br /> CivicPlus•302 S.4th Street,Suite 500•Manhattan, KS 66502•www.CivicPlus.com <br /> Toll Free 888-228-2233•Accounting Ext.291 •Support Ext.307•Fax 785-587-8951 <br /> V.SLA03.01.16-0001 <br />