SAMPLE EVOGOV, INC. SERVICE LEVEL AGREEMENT (SLA)

THIS SERVICE LEVEL AGREEMENT (“Service Level Agreement” or "SLA" or “Appendix C”), effective as of N/A (the “Effective Date”), is made by and between EvoGov, Inc. (“Vendor”), with its address of incorporation as ______________________________ and its mailing address of __________________________________, and _____________________________________________ (“Client”), with offices at _______________________________________________________, (each a “Party”, and together the “Parties”) under the Master Services Agreement (“Agreement”) between the Parties dated N/A which is hereby incorporated. Capitalized terms used but not defined in this Appendix A will have the meanings given to them in the Master Services Agreement. This Appendix A sets forth the information protection and security measures that Vendor agrees to undertake with respect to the Services it is providing under the Master Services Agreement to which this Appendix A is attached. 

• Hosting Network Outage: An unscheduled period in which the Hosting Network Connection is subject to an interruption (other than as noted below) which results in the total disruption of Customer's website availability online. Email Delivery and SMS text message services are not guaranteed nor covered by this agreement.
• Period of Network Unavailability: The period beginning when Customer reports a Hosting Network Outage to Vendor's Customer Care and ending when Vendor closes the Trouble Ticket with Customer.
• Trouble Ticket: The official method used by Vendor to record and track any report of a perceived Hosting Network Outage. Trouble tickets may be created by an emails, phone calls, or live chats with an authorized support representative of Vendor.
• AWS: Amazon Web Services. AWS is Vendor’s datacenter and network operations provider. AWS hosts Vendor’s websites, applications, DNS, and file storage for websites built by Vendor.
• Hosting Network Connection (Network): The connection from Customer's router to the AWS core network routers, or the connection from AWS’ data centers to upstream Internet providers.  Fiber optic peer connections, computer servers, network switches, wiring, generators, uninterruptible power supplies, hard drives, air conditioning, and circuit breakers are some of the components that make up the Hosting Network Connection.
• Software: Vendor’s proprietary Internet application code that runs on AWS. This includes the Evo Cloud (www.evo.cloud) Content Management System (CMS) that powers websites built by Vendor.
• Scheduled Maintenance: Any Maintenance of the Network or Software which creates a Hosting Network Outage of the Customer's website of which (a) the customer is notified 48 hours in advance, and (b) that is performed during Vendor's standard maintenance window. Maintenance is typically scheduled between 10PM MST and 4AM MST.
• Base Fee: consists solely of the base monthly website hosting fee paid by Customer for the affected Vendor service and excludes all other fees which might be charged to Customer, including by way of example and not limitation, set-up fees, website development fees, hourly website maintenance, custom programming, or newsletter email delivery.

For purposes of this SLA, Vendor shall ensure that, on average, such Network Connection and Software is available 99.9% of the time in any rolling 30-day period commencing the first full month after launch of service. Upon Customer's request, Vendor will issue a credit to Customer for interruptions that exceed 15 minutes per month during customer's hours of operation. Credits will be calculated at the rate of 1 day of service credited for each hour service is interrupted. Interruption is measured from the time of notice to Vendor of the interruption.

Many factors that are outside the control of Vendor can affect network latency. However, Vendor shall ensure that, on average, Network Latency averages a round-trip transmission of 500 milliseconds or less between customer's router to the AWS servers that host the Vendor Software. If Vendor fails to meet the Network Latency for two (2) consecutive calendar months, Customer may request a 7-day credit. A 7-day credit can also be requested for each consecutive month missed thereafter.

Vendor shall ensure that, on average, Network Packet Loss averages three (3) percent or less between Customer's router to the AWS servers. If Vendor fails to meet the Network Packet Loss for (2) consecutive calendar months, Customer may request a 7-day credit. A 7-day credit can also be requested for each consecutive month missed thereafter.

The provisions in this Service Level Agreement shall not apply and a Period of Network Unavailability shall not be deemed to have occurred if the Network or Software is unavailable due to any of the following:

1. Interruptions with websites that are not "Active" where an "Active Website" is one that Vendor and Customer have mutually agreed is working as ordered;
2. Interruptions caused by negligence, error or omission of Customer or end-user or any third party authorized by Customer to use or modify Customer's website(s);
3. Interruptions due to failure of network connectivity or power at a Customer premises or failure of Customer equipment;
4. Interruptions during any period when Customer or user has released Service to Vendor. for maintenance or custom programming work rearrangement purpose, or for the installation or setup of new software.
5. Interruptions during any period when Customer elects not to release the Service for testing and/or repair and continues to use it on an impaired basis;
6. Face majeure events beyond the reasonable control of Vendor. including, but not limited to, acts of God, government regulation, labor strikes, adverse weather conditions, national emergency or war (declared or undeclared);
7. Interruptions resulting from Customer's use of Service in an unauthorized or unlawful manner;
8. Interruptions resulting from a Vendor disconnect for non-payment or an interruption resulting from incorrect orders from Customer;
9. Interruptions due to improper or inaccurate website specifications provided by Customer;
10. Interruptions resulting from a failure of an underlying local exchange carrier or third party including, without limitation, failures resulting from the use of Network to Network interconnections (NNI's) or gateways; and/or
11. Interruptions not immediately/promptly reported to Vendor.

The remedies provided to Customer in this Agreement are the exclusive remedies available to Customer in law and in equity and shall apply in lieu of any service interruption credit(s), outage credit(s), performance credit(s), or rights of termination set forth in any Tariff or this Agreement for which Customer might have otherwise been eligible.

Each request in connection with a Network Outage must be received, in writing, by Vendor within seven days of the interruption and must be confirmed by Vendor. Vendor must receive each request in connection with Latency or Packet Loss in a calendar month within seven days after the end of such month. Each request will need to indicate date, time, nature of credit request, and submission date.

Each valid credit will be applied to an invoice of Customer within two billing cycles after Vendor’s receipt of Customer's request. Credits are exclusive of any applicable taxes charged to Customer or collected by Vendor.

Notwithstanding anything in this Vendor SLA to the contrary, the total amount credited to a Customer in connection with Network Outages in any calendar month will not exceed the Base Fee paid by Customer for such month.