Service Level Agreement for Services (“SLA”)

Definitions:
The following defined terms apply to this SLA. Capitalized terms not defined below have the meanings ascribed to them in the classroom.cloud Terms of Service, or other similar written agreement between the parties, as applicable (“Agreement”).

(a) “Actual Monthly Uptime Percentage” = (A-B+C)/A , where:
A = Total Monthly Time (defined below);
B = Unavailable Monthly Time (defined below); and
C = Excluded Monthly Times (defined below).
(b) “Monthly Uptime Percentage Threshold” means the percentage listed in the table below under the heading, “Monthly Uptime Percentage Threshold.”
(c) “Service Credit” means the credit that NetSupport Ltd will credit to a Customer’s eligible account if the Actual Monthly Uptime Percentage is less than the Monthly Uptime Percentage Threshold, and which is calculated by multiplying the Service Credit percentage listed in the table below with respect to the classroom.cloud Services, Customer’s usage fees, in the applicable calendar month.
(d) “Total Monthly Time” means the total number of minutes in the applicable calendar month.
(e) “Unavailable Monthly Time” means the number of minutes in the applicable calendar month during which the classroom.cloud Services were unavailable for use.

Service Commitments:
If, during any month throughout the Term, the Actual Monthly Uptime Percentage falls below the Monthly Uptime Percentage Threshold, then Customer will be eligible to receive a Service Credit, subject to Customer’s compliance with Section 3 below.

Credit Request and payment procedures:
To receive a Service Credit from the classroom.cloud service, the customers must submit a request to NetSupport ltd’s technical support department within 30 days from the last day of the calendar month in which Customer claims NetSupport Ltd failed to meet or exceed the Monthly Uptime Percentage Threshold.

All submissions must include:

“SLA Claim” as the subject of the ticket;

The dates and times of Unavailable Monthly time;

Any documentation of the applicable outage.

Each Service Credit will be applied to future amounts payable by Customer to NetSupport Ltd for the classroom.cloud service. No refunds or cash value will be given. All SLA claims will be verified against the measurements of the Monitoring Service.

For contact details for the NetSupport Technical support team see https://support.netsupportsoftware.com/

Excluded Monthly Times:
Notwithstanding any provision in this Agreement to the contrary, no Unavailable Monthly Time will be deemed to have occurred if downtime:

(i) is caused by factors outside of NetSupport Ltd’s reasonable control, including, without limitation, telecommunications provider-related problems or issues, Internet access or related problems occurring beyond the point in the network where NetSupport Ltd maintains access and control over the Services;
(ii) results from any actions or inactions of Customer or any third party (except for NetSupport Ltd’s agents and subcontractors);
(iii) results from the Customer Applications, Customer’s equipment, software or other technology, Add-on services, or third party equipment, software or other technology (except for equipment within NetSupport Ltd’s direct control);
(iv) occurs during NetSupport Ltd’s scheduled maintenance for which NetSupport Ltd will provide at least twenty-four (24) hours prior notice;
(v) occurs during NetSupport Ltd’s emergency maintenance (maintenance that is necessary for purposes of maintaining the integrity or operation of the Services), regardless of the notice provided by NetSupport Ltd;
(vi) results from any alpha, beta, developer preview, development test bed environments, descriptions of similar import or not otherwise generally available NetSupport Ltd’s features or products;
(vii) periods of Unavailable Monthly Time that are less than five (5) minutes of continuous unavailability in duration (collectively, the “Excluded Monthly Times”).

Entire SLA Liability:
With respect to any failure of NetSupport Ltd to meet the Monthly Uptime Percentage Threshold or Successful Connection Rate, as applicable, this Exhibit states NetSupport’s sole and entire liability to Customer and Customer’s sole remedy.