StockpileReports.com

SERVICE LEVEL AGREEMENT

StockpileReports.com (“StockpileReports”) will host the StockpileReports Platform in accordance with the performance standards set forth in this service level agreement (this “SLA”). All capitalized terms not defined in this SLA, will have the meanings that are defined in the StockpileReports Subscription Agreement (the “Agreement”).

  1. Availability. StockpileReports will use reasonable efforts to provide the StockpileReports Platform so that, other than for scheduled or emergency maintenance, the StockpileReports Platform will be accessible in all material respects 90% of the time during any 24-hour period, 95% of the time during any 7-day period, and 98% of the time during any 30-day period. The availability of the StockpileReports Platform may be subject to limitations, delays, and other problems inherent to the general use of the Internet and other public networks or caused by Customer or third parties. StockpileReports is not responsible for any delays or other damage resulting from problems outside of StockpileReports’s control, including problems with the StockpileReports Platform, which will be addressed in accordance with the Agreement.
  2. Performance Issue Corrections. If the StockpileReports Platform is not accessible as specified in Section 1 of this SLA (“Performance Issue”), StockpileReports will use reasonable efforts to correct the Performance Issue with a level of effort commensurate with the severity of the Performance Issue. StockpileReports and Customer will comply with the following resolution procedures for all Performance Issues reported by Customer:

(a)    Notice of Performance Issue. If Customer encounters a Performance Issue, Customer must sufficiently define the Performance Issue in a written notice to StockpileReports. After receipt of written notice of a Performance Issue from Customer, StockpileReports will notify Customer if StockpileReports cannot identify the cause of the Performance Issue. If StockpileReports cannot identify the cause of the Performance Issue, Customer will provide additional information regarding the Performance Issue as StockpileReports may request in order to assist StockpileReports with identifying the cause of the Performance Issue. Customer will provide a separate written notice for each Performance Issue encountered by Customer.

(b)    Performance Issue Classification. In its notice of a Performance Issue, Customer will reasonably classify for StockpileReports the initial priority of the Performance Issue. Customer will use the nature of the Performance Issue and Customer’s business situation to initially classify each Performance Issue. Customer will classify each Performance Issue in accordance with the severity classification table below. To the extent that StockpileReports disagrees with any Performance Issue classification provided by Customer, StockpileReports will promptly advise Customer of the revised classification of any Performance Issue.

(c)    Response Time. StockpileReports will use reasonable efforts to respond to each of Customer’s written notices of Performance Issue within the period set forth in severity classification table below. Response time is the elapsed time between Customer’s first report of an identified Performance Issue and the provision of a plan for resolution by an StockpileReports technical contact.

(d)    Expedited Response Time. To the extent that Customer may seek StockpileReports to respond to any written notice of Performance Issue within a time period other than as set forth in the table below, Customer may request such response and StockpileReports may elect to provide such additional services to Customer on terms and conditions as the parties may agree upon in writing (which may include, without limitation, additional costs and expenses payable by Customer to StockpileReports in connection with such any expedited services). Notwithstanding the foregoing, StockpileReports will have no obligation to enter into any such agreement with respect to any such additional services. To the extent that the parties enter into any such agreement, StockpileReports will invoice Customer for, and Customer will pay, any such additional amounts (unless otherwise agreed upon by the parties in writing).

Performance

  1. Customer Obligations

(a)    Trained Contacts.  Customer will appoint up to two individuals within Customer’s organization to serve as primary contacts between Customer and StockpileReports with regards to the StockpileReports Platform.  Customer must initiate all requests through these contacts.

(b)    Reasonable Assistance.  Customer will provide StockpileReports with reasonable access to all necessary personnel to answer questions regarding Performance Issues reported by Customer.

(c)    Good Standing.  The provision of the StockpileReports Platform by StockpileReports during the term specified in the Agreement is contingent upon Customer’s performance of its payment and other obligations under the Agreement.  StockpileReports reserves the right, in addition to other remedies available, to suspend its provision of the StockpileReports Platform for so long as Customer is not current with its obligations.