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The Library shall cooperate in good faith with Brainfuse's efforts to encourage <br />participation in the Brainfuse Program. <br />The Library understands that HelpNow is designed as a student -initiated homework <br />assistance service and may not be used as part of school or class -wide mandated <br />assignments. <br />Brainfuse shall maintain the service with a maximum of 5% down time for the duration <br />of the Agreement. Failure to maintain this standard will result in a prorated refund to the <br />Library for the excessive down time. Brainfuse shall not otherwise be responsible or <br />liable for any disruption, pause or cessation of the Brainfuse Program caused by actions <br />or events beyond Brainfuse's immediate control, including, but not limited to, Internet <br />disruptions, the Library's computers, hardware malfunctions, firewall restrictions, <br />browser incompatibilities, other systems problems, or the failure of patrons to attend <br />sessions. This paragraph shall not limit Brainfuse's obligations elsewhere in this <br />Agreement. <br />Brainfuse shall ensure that the following requirements are met for the duration of the <br />Agreement: <br />1. SYSTEM REQUIREMENTS <br />• Hosted, web based solution allowing users access to and full use of the service <br />using a variety of web browsers and versions. System is compatible with various <br />Windows, Macintosh, Android and iOS environments, as well as providing a <br />mobile application. <br />• Interface shall be ADA accessible and compatible with screen reader software <br />• Brainfuse Program will be able to distinguish and support both in -library and <br />remote access. <br />• Brainfuse Program shall operate at a high level of security using appropriate <br />encryptions, data integrity checks and strong authentication to protect student <br />transcripts, names, etc. <br />• Brainfuse Program shall allow for "branding" such that various web pages can <br />display the City's look and feel including City's logo, solution name, colors, etc. <br />• Brainfuse Program shall email transcripts of sessions to students in a timely <br />fashion. <br />2. SERVICE SPECIFICATIONS <br />• Brainfuse Program shall offer live homework help in various subjects and grade <br />levels (K-12) that supports the education standards and California school <br />curriculum and also offers live help that supports college -level and adult learning. <br />• Brainfuse Program shall be available in both English and Spanish from 1:00pm to <br />10:00 pm daily. <br />• Students shall be able to access Brainfuse Program tutors with an average wait <br />time under one minute. <br />REV: 01-10-18 JS Page 16 of 18 <br />ATTY/AGR.2018.007/Brainfuse 2018 <br />