Service Level Agreement

This Service Level Agreement ("SLA") will form part of the final software as a service agreement ( "Agreement") between the Customer and Beehiive Pty Ltd (“Beehiive”). In the event this document is translated into any other languages, the english version shall be authoritative.

1 - Introduction

2 - Definitions

3 - Scope

4 - Effective date and terms

5 - Responsibilities

5.1 - Beehiive responsibilities

5.2 - Customer responsibilities

6 - Availability

7 - Service credits

8 - Recovery time objectives

9 - Problem management

10 - Help desk

11 - Business continuity

12 - Release policy

13 - Software improvements

14 - Updates to the SLA

1 - Introduction

This SLA describes the levels of availability and support that the Customer can expect to receive from Beehiive for the duration of the Agreement.

2 - Definitions

As used in this SLA, the following terms shall have the meanings specified below. Any capitalized terms not defined herein shall have the meaning attributed to them in the Agreement. In this SLA the singular includes the plural and vice versa; the words "month", "year", and "quarter" mean calendar month, calendar year, and calendar quarter, unless otherwise stated; and the word "including" (or any analogous word or phrase) means "including without limitation".

Business Day

08:30 to 17:00 (Brisbane time; UTC+10), not including Saturdays, Sundays or public holidays.

Customer

The party entering into the Agreement with Beehiive.

Degraded

A lower quality of service as described in this SLA (e.g. slower than usual, temporarily broken or temporarily unavailable functionality).

Downtime

The period of time during which the product is wholly unavailable to the Customer, including maintenance occurring outside of Maintenance Hours for which less than 24 hours' notice was provided to affected Customers. However, Downtime shall not include:

• Scheduled Maintenance;
• Degraded performance;
• Factors outside of Beehiive’s control, including any Force Majeure Events;
• Failures, acts or omissions of Beehiive's upstream providers;
• Failures of the internet;
• Acts or omissions of the Customer and its Users; and
• Enforcement of Regulations.

Support

Software support is provided via our ticketing system available by contacting our help desk. Telephone calls made to our help desk will likely result in a ticket being created if the case is not solved on the telephone.

Maintenance Hours

Monday to Friday from 14:00 - 18:00 UTC, Saturday and Sunday from 05:00 - 10:00 UTC.

Resolution Time

The time that elapses from the Response Time until the alert is resolved.

Response Time

Measures the time that elapses between the receiving of an alert and the time of commencing work on the issue.

Scheduled Maintenance

Planned outages, either suspending service in full or in part, which Beehiive will endeavour to announce at least 5 days in advance, and in any case will announce no later than 24 hours in advance, which will not exceed a reasonable period of time for the maintenance required and which, where possible, shall take place during Maintenance Hours.

SLA Effective Date

The Project Start Date stated in the Agreement or applicable Statement of Work and the date this SLA enters into force.

Ticket

An electronic support request sent to Beehiive by the Customer (e.g. requesting a solution to an incident).

Uptime

As calculated in accordance with this SLA.

User

A person, group of people or system to which authority to act on Beehiive has been granted.

3 - Scope

This SLA applies only to the products and professional services described in the Agreement or applicable Statement of Work. This SLA does not apply to any software, equipment, services, or other parts of an information technology system that are not purchased from or managed by Beehiive.

Beehiive will rectify material issues with the products except where:

3.1 The issue has been caused by the Customer's use of the product in a manner that is contrary to Beehiive training or any other instruction issued by Beehiive;

3.2 The customer has made unauthorized changes to the configuration or set-up of the affected product;

3.3 The customer has prevented Beehiive from performing maintenance on the product;

3.4 The issue has been caused by third party products

4 - Effective date and terms

This SLA will be effective from the Agreement start date and will terminate without further notice and without right to compensation or restitution upon the expiry or termination of the Agreement or applicable statement of work.

5 - Responsibilities

5.1 - Beehiive responsibilities

5.1.1 Ensure the relevant products and professional services are available to the Customer in accordance with the Uptime guarantee;

5.1.2 Respond to support requests within the timescales listed below;

5.1.3 Take steps to escalate, diagnose, and resolve issues in an appropriate and timely manner, including the allocation of a sufficient number of skilled staff and the collection of necessary information; and

5.1.4 Maintain clear and timely communication with the Customer at all times.

5.2 - Customer responsibilities

5.2.1 Use the product as intended under the Agreement;

5.2.2 Notify Beehiive of issues or problems in a timely manner and as thoroughly as is possible;

5.2.3 Cooperate with Beehiive in its efforts to escalate, diagnose, and resolve issues by

providing timely and accurate responses to requests for information;

5.2.4 In case of an A-Priority Alert (critical incident), ensure the availability of a sufficient number of skilled Customer employees to cooperate with Beehiive;

5.2.5 Provide Beehiive with access to equipment, software, and services for the purposes of maintenance, updates, and fault prevention; and

5.2.6 Maintain staff with adequate information technology knowledge to fulfill these responsibilities.

6 - Availability

Beehiive guarantees 99.9% Uptime each month 24 hours a day 7 days a week ("Agreed Hours of Service"). Uptime is measured based on the monthly average of availability, rounded down to the nearest minute, and calculated as follows:

7 - Service credits

Should Uptime fall below 99.9% in any month, Beehiive will pay liquidated damages in the form of a Service Credit, which is calculated as follows:

To apply for a Service Credit under this SLA, the Customer must submit a request to support@beehiive.com within 30 days of the end of the applicable month with the subject line "SLA Service Credit". The request must include the dates and times of the Downtime for which Service Credit is being requested, and any additional documentation that demonstrates the claimed Downtime. Service Credits are the exclusive remedy for Beehiive's failure to meet its Uptime guarantee and no other or additional types of damages can be claimed, including breach of warranty. In the event there are no new invoices to be issued, Beehiive will pay out the Service Credit to the Customer directly.

8 - Recovery time objectives

In the event of an alert, Beehiive is deemed to have responded when it has replied to the Customer's initial request. This may be in the form of an email or telephone call, to acknowledge receipt of the Customer's request, provide a solution, or request further information.

The Response Time and Resolution Time will depend on the priority of the item(s) affected and the severity of the alert, as set out in the following schedule:

9 - Problem management

Beehiive Support has defined four general types of FAQs:

9.1 Technical issues are related to a particular bug, security or backup failures, or any other type of non-functioning of the product.

Example: "A job isn't viewable."

9.2 User questions arise from instances when the system fails to be self-explanatory. Beehiive works hard to prevent these questions and reduce them to an absolute minimum.

Example: "How do I upload a photo?"

9.3 Requests are requests to change the product, features or settings.

Example: "Can you setup a new filter in our environment?"

9.4 Content questions are related to the contents of Customer Data itself. The Customer is the creator and controller of their Customer Data, and is therefore tasked with providing User support for these questions.

Example: "The model has the wrong description - we need a different description."

10 - Help desk

If your question is not resolved via the Knowledge Base, the Beehiive help desk can be contacted by email anytime via support@beehiive.com.

11 - Business continuity

Beehiive maintains a comprehensive business continuity and application recovery strategy.

Systems are distributed across multiple geographically separate data centers with real time data replication between each.

In the event of damage or outage at all of Beehiive's data centers; Beehiive will restore data from the most recent offline backup (maximum of 60 minutes old). This will be treated as a SEV-1 (Critical Incident).

12 - Release policy

Beehiive typically releases updates without service interruption or downtime. Both infrastructure and software changes are testing in multiple environments before reaching production.

Urgent updates that impact availability and critical features are applied immediately on production servers in accordance with the recovery time objectives.

13 - Software improvements

Beehiive will release updates to solve defects and/or errors, keep the products up-to-date with market developments, or otherwise improve (the operation or functionality of) the products. These improvements may include bug fixes. Beehiive will only support the most recent version of the product. New versions, releases, or updates will contain at least the level of functionality as set out in this SLA and as contained in the version or release of the product previously used by the Customer and will not otherwise negatively impact the Customer's use of the product. Beehiive shall make reasonable efforts to ensure that when performing such actions, the impact on the Customer and its User(s) is limited.

14 - Updates to the SLA

This SLA may be updated at Beehiive's discretion, but only after providing thirty (30) days' notice, after which it shall be effective ("SLA Effective Date"). Such notice will be sufficient if provided to a User designated as an administrator of the Customer's account either:

14.1 as a note on the screen presented immediately after completion of the log-in authentication credentials at the login screen, or;

14.2 by email with read receipt to the email address provided for the administrator(s) for the Customer's account.

If the Customer objects to any such changes, the Customer's sole recourse shall be to terminate the Agreement. Continued use of the Product following the SLA Effective Date of any update shall indicate the Customer's acknowledgement of such update and Agreement to be bound by the updated SLA. When Beehiive changes this SLA, the "Updated" date below will be changed to reflect the publication date of the most recent version.