Support Policy and Service Level Agreement

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This document defines the levels of service promised by Rentouch in relation to “Support” and “Service Availability”. It also details the “Service Credits” Rentouch may grant the Customer in the case of non-compliance with the service levels as set out in the Service Credits section.
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1. SCOPE AND PURPOSE
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1.1 This SLA is between Rentouch (“Rentouch” / “Us” / “We”) and Customer (“Customer” / “You”) and is part of the Software as a Service Master Subscription Agreement (“MSA”) between Us and You. This SLA describes the levels of Software Availability and support that You can expect to receive from Us during the Subscription Term. It also details the Service Credits We may provide You if We do not comply with the defined Software Availability and support.
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1.2 If this SLA is translated into any other language, the English version is authoritative.

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1.3 This SLA applies separately to each MSA.
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1.4 The current version of this SLA can be found at: https://piplanning.io and may be modified or updated by Us from time to time in our sole discretion with or without notice to You. Such changes will automatically apply provided that any changes will not have any material adverse effect on Customer.
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1.5 We encourage you to review the online SLA periodically.
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1.6 This SLA only applies to Software subscription Services described in the MSA. This SLA does not apply to any Software, equipment or services or other parts of an information technology system that are not subscribed from or managed by Rentouch. Refer to clause 9 for additional exclusions and restrictions to this SLA.
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1.7 This SLA is effective from the date a “Customer” accepts the MSA and ends on the expiration or termination of the Software subscription (the “Support Period“). Rentouch is not obligated to provide support beyond the end of the Support Period.

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2. DEFINITIONS

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2.1 Capitalized terms used but not defined in this SLA will have the meaning assigned to them in the MSA or other similar written agreement between You and Us as applicable.

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a) Available or Availability. The time our Software is available for Customer access and use.

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b) Business Days. Monday to Friday excluding Public Holidays.

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c) Business Hours. 9am – 5pm (CET) during Business Days.

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d) Claim. A claim submitted by Customer to Rentouch under this SLA for Service Credit.

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e) First Response Time. The time between a ticket being opened in Rentouch’s Service Desk and confirmation to Customer via Rentouch’s ticketing system that We have received the request and are investigating the Issue (any automated response from the ticketing system does not count towards First Response Time). Severity 1 & Severity 2 Issues that are identified by Us may be manually updated on Our Status page (https://piplanning.statuspage.io/) and will also be considered a First Response Time.
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f) Issue. A support request for an incident or problem with using or accessing the Software.
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g) Resolution Time. The time between Response Time until resolution or conclusion of the Issue. For Severity 1 Issues, if We provide a workaround, We will downgrade the Severity Level to Severity 2 or Severity 3 based on the extent the workaround improves the Issue. For Severity 4 Issues, We retain the right to decide through our internal Software development prioritization process which features to add or change.
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h) Planned Maintenance. Planned and scheduled implementation of Upgrades, network, or infrastructure changes for maintenance during which the Software will not be Available; If such Planned Maintenance will be during Business Hours the Customer will be given 24-hour prior notice.
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i) Service Credit. A financial credit Rentouch may credit back to an eligible, active and not-terminated Customer account based on this SLA.
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j) Unavailable Time. Time when the Software is not available for Customer access or use excluding any Permitted Unavailability.

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3. SUPPORT FOR SOFTWARE ISSUES

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3.1 Customer’s Authorized Users can request support via:

• Rentouch’s Service Desk (https://support.rentouch.ch)
• Email to support@rentouch.ch

3.2 Support covers core functionality of our Software. It does not include customization advice and consulting services. If the Issue is specific to the particular configuration of Customer, it is classified as consulting services and is not covered under this SLA. Consulting services may be purchased separately by contacting Us.

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4. SOFTWARE AVAILABILITY

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4.1 We will make commercially reasonable efforts to ensure the Software (excluding any Third Party Applications) is Available each calendar month 24 hours a day 7 days a week for at least 99.5% of the time. Availability is measured based on the monthly average of Availability, rounded down to the nearest minute (“Availability Average”).

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4.2 Availability Average for each calendar month is calculated as follows:

4.3 To review current and historical Availability of Our Software, visit https://piplanning.statuspage.io/.
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4.4 Software Availability does not include any loss of Availability time resulting from or related to the following Issues (each such period of time, a “Permitted Unavailability”):
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a) Issues that result from Customer equipment, hardware, software, or other technology and/or third-party equipment, hardware, software, or other technology (excluding third-party equipment within Our direct control);
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b) Issues that arise from our suspension or termination of Customer’s right to use the Software in accordance with the MSA;
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c) Non-material or non-critical performance issues, such lagging issues, affecting non-critical individual features for a non-material amount of time (search, high-resolution screenshot, timer, etc.);
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d) Issues that are related to corrupted Customer content, Third Party Applications or third parties;
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e) Customer inaccessibility; if, for any reason, Customer cannot be reached to correct an Availability Issue, then until Rentouch can make contact with Customer to begin fixing the Availability Issue, such time will not be included when calculating Availability Average;
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f) Issues resulting from events outside of Rentouch’s reasonable control, including, but not limited to problems caused by (i) force majeure events, (ii) internet access, connectivity issues or related problems, (iii) Customer’s failure to follow agreed procedures, the terms of the MSA or the applicable Order Form(s), (iv) unauthorized changes to the Software by Customer, (v) errors made by the Customer’s system administrator, (vi) irreversible destruction of data directly caused by direct actions taken by Customer, (vii) a third party gaining access to the Software by means of Customer’s Authorized Users’ accounts or equipment, (viii) Customer’s continued use of the Software after Rentouch has advised Customer to modify such use, if Customer did not modify its use as advised or (ix) other acts or omissions of Customer, its Authorized Users or any other third party;
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g) Material breach by Customer of the terms of the MSA or Customer’s Order Form(s).

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h) Planned Maintenance.
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4.5 Any Permitted Unavailability will not be included in the calculation of Availability Average for the applicable month.

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5. SOFTWARE ISSUE SEVERITY LEVELS AND FIRST RESPONSE TIME
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5.1 According to the table below Rentouch will assign a priority level (“Severity Level”) to each Issue. According to the Severity Level Rentouch commits to the applicable First Response Time.

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6. SERVICE CREDIT CLAIM
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6.1 To make a Claim, Customer must submit a ticket via support@rentouch.ch within 30 days of the month in which the Unavailable Time occurred, and/or the Response Time and/or Resolution Time did not meet the applicable Severity Level.

6.2 The ticket must include:
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a) “SLA Claim” as the subject of the ticket;
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b) the applicable dates and times Service Credit is requested for; and
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c) any applicable information that documents the claimed Unavailable Time, Response Time or Resolution Time. If Service Credit is issued, it will be issued to Customer for future use only. No refunds will be provided. Service Credits can not be transferred to another Rentouch customer or applied to any other account.
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6.3 We will use all information reasonably available to to validate a Claim and make a good faith judgment on whether a Service Credit applies.
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7. SERVICE CREDIT CALCULATION
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7.1 For any Unavailable Time experienced by Customer in a calendar month period, Rentouch will provide a Service Credit. Service Credit will be calculated in accordance with the table below:

7.2 Each Service Credit is calculated as a percentage of monthly fees owed or paid by Customer for the applicable month in which the Unavailability Issues occurred.

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8. TERMINATION FOR REPEATED UNAVAILABLE TIME; SOLE REMEDY
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8.1 If Availability Average is less than 98.00% in any two (2) consecutive calendar months or three (3) times in any consecutive six (6) month calendar period (each a “Triggering Event”), Customer may terminate the MSA for cause within thirty (30) days from the last day of the month in which the Triggering Event occurred by providing thirty (30) days written notice of termination to Rentouch in accordance with the Notice clause of the MSA. If Customer so requests in their notice of termination, Rentouch shall provide Customer with up to thirty (30) days of continued Services from the date the notice of termination is received by Rentouch (“Transition Services”). During the Transition Services period, customers may coordinate the transition of the Services to a new provider. All fees and credits called for under the MSA, Order Form(s), and SLA shall be in full force and effect during the Transition Services period.
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8.2 Except for Customer’s termination rights in the MSA, any Service Credit provided under this SLA will constitute Rentouch’s sole liability and Customer’s sole and exclusive remedy for any failure to achieve an Availability Average of 99.5%. No other or additional type of damages may be claimed, including breach of warranty. You may not unilaterally offset against any Fees. If there are no new invoices to be issued by Rentouch to Customer, Rentouch will pay out the Service Credit to Customer directly. Availability shall be based on monitoring by Rentouch. Customer can access and review Rentouch’s compliance with Availability and service levels via https://piplanning.statuspage.io/.
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9. EXCLUSIONS
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9.1 This SLA only applies to Customer’s subscription to and use of the Software for a fee. It
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a) does not apply to any free Services, pilot or beta testing Services provided by Us.

b) excludes support for Issues or events described in Sections 4.4(a) – (h).
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10. SOFTWARE IMPROVEMENTS
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10.1 Rentouch will make available to Customer new versions, releases, and updates to the Software to solve defects and/or errors, keep the Software up-to-date with market developments, or otherwise improve (the operation or functionality of) the Software (collectively, “Upgrades”). These Upgrades may include bug fixes or may patch vulnerabilities.
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10.2 Rentouch will only provide support under this SLA for the most recent version of the Software.

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11. ENGLISH LANGUAGE
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11.1 This SLA has been written in English, which is controlling in all respects. All versions of this SLA in any other language is for accommodation only and is not binding on the Parties.

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December 1st, 2022

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