1. Standard Terms Applicable to each SLA

a. Definitions.

For purposes of this Service Level Agreement (“SLA”), the following definitions will apply:

i. "Business Days” are Monday through Friday with the exception of Holidays (defined below).

ii. “Business Hours” are subject to change, but are currently listed in the table below with the exception of Holidays.

iii. “Critical Business Impact” means that the Service is down and non-operational and all Customer users are unable to use the Service.

iv. "Emergency Maintenance" means any time outside of Scheduled Maintenance Window that Oligo is required to apply urgent patches or fixes, or undertake other urgent maintenance activities. If Emergency Maintenance is required, Oligo will contact Customer and provide the expected start time and the planned duration of the Emergency Maintenance and if Oligo expects the Service to be unavailable during the Emergency Maintenance.

v. “Error” means any occurrence which causes the Service not to operate in material conformance with the applicable Documentation.

vi. “Holidays” are United States federal holidays.

vii. “Scheduled Maintenance Window" means the window during which weekly scheduled maintenance of the Service may be performed. The Scheduled Maintenance is between the hours of Sundays 7:00 a.m. to 11:00 a.m. UTC.

viii. “Serious Business Impact” means that the Service is operational, but its functionality is seriously affected and where implementing a workaround is time consuming and will adversely affect Customer’s business. In addition, this Error may involve downtime, outage, serious performance degradation or other failure of one or more non-critical business systems, functions or services that adversely impacts multiple end users.

ix. "System Availability" means the percentage of total time during which the Service is available to Customer, excluding the Scheduled Maintenance Window and Emergency Maintenance. “Available” in this context means Customer may log in, view data, create reports, modify settings and similar, for substantially all licensed components.

Customer Support Business Hours and Days (Customer’s Time Zone):

Day Business Hours Notes
Monday 8:00 AM – 6:00 PM ET Full Global Coverage
Tuesday 8:00 AM – 6:00 PM ET Full Global Coverage
Wednesday 8:00 AM – 6:00 PM ET Full Global Coverage
Thursday 8:00 AM – 6:00 PM ET Full Global Coverage
Friday 8:00 AM – 6:00 PM ET Full Global Coverage

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b. Exclusions

i. Customer shall not have any remedies under any SLA to the extent any SLA Claim is due to: (1) use of the Service outside the scope described in the Agreement; (2) Customer equipment and/or third party software, hardware or network infrastructure outside of Oligo’s data center and/or not under the direct control of Oligo; (3) failure of Customer to meet the configuration requirements for Customer systems and/or equipment set forth in the documentation provided by Oligo for the Service; or (4) a force majeure event (as described in the “General Provisions” section of the Agreement).

2. SLAs.

The following SLAs apply to the Service:

a. System Availability SLA.

i. Oligo will provide at least 99.9% System Availability for the Services portal during each calendar month, excluding any Scheduled Maintenance Windows and Emergency Maintenance.

b. Support SLA

i. Pursuant to the applicable Customer Success Plan (Standard or Premium), Support tickets for the Service filed by or on behalf of the Customer will be addressed by Oligo as follows:

Severity Type Standard Plan Response Time Premium Plan Response Time Action
Severity Level 1 – Critical Business Impact The Services are down, all functionalities are not operational and the issue is directly disrupting the customer network and.or business operation – and non reasonable workaround is available. 4 Hours* 1 Hour* Work continuously until the issue is fixed
Severity Level 2 – Serious Business Impact A major service functionality is impacted by an issue that is persistent and affects many users – and no reasonable workaround is available. 1 Business Day 8 Hours Work through the normal business day
Severity Level 3 – Moderate Business Impact Service is operationa, with a minor impact on functionality for some or all users, and an acceptable workaround or solution exists. 2 Business Days 1 Business Day Reasonable effort as resources are available
Severity Level 4 – Limited Business Impact Minor issues not impacting service functionality 4 Business Days 2 Business Days Reasonable effort as resources are available

*In order for the service level objective to be achieved, Customer must also contact Oligo Support by telephone, in addition to submitting the issue through another available support channel. For Severity Level 1 incidents, Standard Support customers may use the designated support telephone number solely to satisfy this notification requirement.

Support is provided in English. Premium Support includes 24x7x365 coverage, telephone support, dedicated support resources, a designated Customer Success Manager, priority escalation, communication with the Oligo Product team through the Customer Success Manager, and proactive emergency notifications, as further described in the Oligo Support Handbook. For the applicable support services levels to apply, Oligo mut be able to reproduce or validate the reported issue.

ii. Ticket severity will be assessed based on impact and the severity descriptions above. Oligo, at its sole discretion may change the severity of a support incident if it does not meet the definitions above in Section 2.b.i. The SLA of the new severity in the event the severity is changed is the only SLA that will be considered.

iii. Customer Obligations. To enable identification and correction of Errors, Customer is required to assist Oligo technical support staff until the Error is resolved. Required Customer activities may include, but are not limited to, the following: (i) logging into Customer systems for diagnosis of problems; (ii) downloading and installing of Oligo provided updates or upgrades to the Services; (iii) collecting and sending system logs/files to Oligo; (iv) modification of Services configuration; (v) re-installation of existing Services; and (vi) assistance with installation of, and participating in, tests for Error fixes.

iv. Escalations. Customer shall follow Oligo’s escalation process and procedures (“Escalation” or “Escalated”). When Escalation for an issue with resolving an Error is reported by Customer, the following procedures shall apply:

a. Status Updates. Each Customer support contact shall establish a schedule of follow-up, status updated communications with their Oligo counterpart that shall ensure timely exchange of information.

b. Monitor Phase. The purpose of the monitor phase is to evaluate the Customer environment over some period of time to verify that the Escalation has been resolved. Both parties shall co-ordinate monitoring activities and mutually agree to close the monitor phase when it is clear the problem requiring Escalation is resolved.

c. Closing Escalation. When both parties agree that the issue necessitating Escalation is resolved, the Escalation is closed. Each designated contact shall exchange final reports with their counterpart summarizing the Customer issues, actions taken, results of those actions, likelihood of issue recurrence, and recommended future actions.