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Benevate Inc. (dba Neighborly Software) SAAS Services Order Form <br /> <br />11 <br /> <br />workaround available. <br /> <br />(i) Response Metric: Neighborly Software will use commercially reasonable efforts to respond and <br />resolve all Standard tickets within eight (8) business hours of notification. <br /> <br />b. Priority Ticket: Software is usable, but some features (not critical to operations) are unavailable. <br /> <br />(i) Response Metric: Neighborly Software will use commercially reasonable efforts to respond to all <br />Priority tickets within two (2) hours and resolve Priority tickets within six (6) business hours of <br />notification. <br /> <br />c. Emergency Ticket: Issue has rendered software unavailable or unusable, resulting in a critical impact on <br />business operations. The condition requires immediate resolution. <br /> <br />(i) Response Metric: Neighborly Software will use commercially reasonable efforts to respond to all <br />Emergency tickets within one (1) hour and resolve Emergency tickets within two (2) business hours of <br />notification. <br /> <br />5. Remedies. If Customer reasonably believes that Company has failed to achieve its Service Availability <br />commitments in any given month, the Company shall, following Customer’s written request, provide a report that <br />contains true and correct information detailing Company’s actual Service Availability performance. Customer <br />must have reported an issue with the Service Availability within the calendar month and must request the report <br />within ten (10) days of the end of the calendar month. The sole remedies for failure to meet the Service <br />Availability level of commitment is a service refund based on the following: <br /> <br />a. less than 99.5% but equal to or above 97%, Company shall provide Customer with a root cause analysis and <br />a written plan for improving Company’s Service Availability to attain the 99.5% Service Availability and <br />Company shall promptly implement such plan; <br /> <br />b. between 96.9% and 93%, Company shall provide Customer with a service refund in an amount equal to 10% <br />of the prorated amount of the License Fees for one month; <br /> <br />c. between 92.9% and 90%, Company shall provide Customer with a service refund in an amount equal to 25% <br />of the prorated amount of the License Fees for one month; <br /> <br />d. Less than 90%, Company shall provide Customer with a service refund in an amount equal to 100% of the <br />prorated amount of the License Fees for one month; <br /> <br /> <br />6. Exclusions. Company shall have no liability for, and shall make no representations or warranties respecting <br />Service Availability or lack of availability of the Software due to: (1) outages caused by the failure of public <br />network or communications components; (2) outages cause by a Force Majeure event; (3) outages or Errors <br />caused by the Customer’s use of any third-party hardware, software, and/or services; (4) Errors caused by the <br />individual Authorized User’s desktop or browser software; (5) Errors caused by the Customer’s negligence, <br />misconduct, hardware malfunction, or other causes beyond the reasonable control of the Company; and/or (6) <br />Customer has not paid License Fees under the Agreement when due. <br /> <br /> <br />DocuSign Envelope ID: 6F63C4B7-5267-4E60-BA02-25D6B13BE7C6