Last Revised on 09/21/2022

1.    Standard Support Services

Subject to the terms and conditions of the Agreement, during the Term, ESA will provide to Customer ESA’s standard customer support services, described below:

1.1    Scope of Support Services.

(a)    Phone Support. Customer may contact ESA for telephone support Monday-Friday, 9 am – 5 pm Pacific time.

(b)    Response time. ESA will use commercially reasonable efforts to respond to inquiries within 24 hours.

2.    Service Levels and Credits

2.1    Service Levels. Subject to the terms and conditions of this Agreement, ESA will use commercially reasonable efforts to make the Services Available at least 99.9% of the time as measured over the course of each calendar month during the Term (each such calendar month, a “Service Period”), excluding unavailability as a result of any of the Exceptions described below in this Section 2.1 (the “Availability Requirement”). “Service Level Failure” means a material failure of the Services to meet the Availability Requirement. “Available” means the Services are available for access and use by Customer and its Authorized Users over the Internet and operating in material accordance with the Specifications.

2.2    Exceptions. For purposes of calculating the Availability Requirement, the following are “Exceptions” to the Availability Requirement. The Services will not be considered un-Available and no Service Level Failure be deemed to occur in the event of any of the following: (a) access to or use of the Services by Customer or any Authorized User that does not strictly comply with this Agreement; (b) Customer’s or its Authorized User’s impaired Internet connectivity; (d) any Force Majeure Event; (e) any failure, interruption, outage or other problem with any software, hardware, system, network, facility or other matter not supplied by ESA pursuant to this Agreement; (f) Scheduled Downtime (defined below); or (g) disabling, suspension or termination of the Services pursuant to Section 1.7 of the Agreement.

2.3    Service Level Failures and Remedies. In the event of a Service Level Failure, ESA shall issue a credit to Customer of a portion of the monthly Fees for the Services due for the Service Period the Service Level Failure occurred (each a “Service Credit”), based on the schedule in Section 2.4 and subject to the following:

(a)    ESA has no obligation to issue any Service Credit unless (i) Customer reports the Service Failure to ESA within three days after becoming aware of it; and (ii) requests such Service Credit in writing within 15 days of the Service Level Failure; and

(b)    in no event will a Service Level Credit for any Service Period exceed 30% of the total Fees that would be payable for that Service Period if no Service Level Failure had occurred.

Any Service Credit payable to Customer under this Agreement will be issued to Customer in the calendar month following the Service Period in which the Service Level Failure occurred. This Section 2.3 sets forth ESA’s sole obligation and liability and Customer’s sole remedy for any Service Level Failure.

2.4    Service Credit Calculation. The Service Credit will be calculated as a percentage of the total Service charges for affected Services during the Service Period.

2.5    Scheduled Downtime. ESA will: (a) schedule downtime for routine maintenance of the Services between the hours of 6:00 p.m. and 6:00 a.m., Pacific Time; and (b) give Customer at least 24 hours prior notice of all scheduled outages of the Services (“Scheduled Downtime”).

3.    Data Backup

The Services utilize commercial backup software and standard industry practices to help ensure that electronic copies of Customer Data exist in more than one geographic location for backup and recovery purposes. Notwithstanding any such practices, the Services do not replace the need for Customer to evaluate the need to maintain regular data backups or redundant data archives of their own. ESA HAS NO OBLIGATION OR LIABILITY FOR ANY LOSS, ALTERATION, DESTRUCTION, DAMAGE, CORRUPTION OR RECOVERY OF CUSTOMER DATA.