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REV: 10-03-24 MI <br />4.Ticket Resolution. Company will resolve support tickets in the process described below. Response <br />metrics are based on issues being reported during Support Hours. <br />a. Standard Ticket: Issue does not significantly impact the operation of the software or there is a <br />reasonable workaround available. <br />(i) Response Metric: Company will respond and use commercially reasonable efforts to resolve <br />all Standard tickets within eight (8) business hours of notification. <br />b. Priority Ticket: Software is usable, but some features (not critical to operations) are unavailable. <br />(i) Response Metric: Company will respond to all Priority tickets within two (2) hours and use <br />commercially reasonable efforts to resolve Priority tickets within six (6) business hours of <br />notification. <br />c. Emergency Ticket: Issue has rendered software unavailable or unusable, resulting in a critical <br />impact on business operations. The condition requires immediate resolution. <br />(i) Response Metric: Company will respond to all Emergency tickets within one (1) hour and use <br />commercially reasonable efforts to resolve Emergency tickets within two (2) business hours <br />of notification. <br />5.Remedies. If Customer reasonably believes that Company has failed to achieve its Service <br />Availability commitments in any given month, the Company shall, following Customer’s written <br />request, provide a report that contains true and correct information detailing Company’s actual <br />Service Availability performance. Customer must have reported an issue with the Service Availability <br />within the calendar month and must request the report within ten (10) days of the end of the calendar <br />month. Except as set forth in Section 7. The sole remedy for failure to meet the Service Availability <br />level of commitment is a service refund based on the following: <br />a. less than 99.5% but equal to or above 97%, Company shall provide Customer with a root cause <br />analysis and a written plan for improving Company’s Service Availability to attain the 99.5% <br />Service Availability and Company shall promptly implement such plan. <br />b. between 96.9% and 95%, Company shall provide Customer with a service refund in an amount <br />equal to 10% of the prorated amount of the Subscription Fees for one month; <br />c. between 94.9% and 92%, Company shall provide Customer with a service refund in an amount <br />equal to 25% of the prorated amount of the Subscription Fees for one month; <br />d. Less than 92%, Company shall provide Customer with a service refund in an amount equal to <br />100% of the prorated amount of the Subscription Fees for one month. <br />6.Exclusions. Company shall have no liability for, and shall make no representations or warranties <br />respecting Service Availability or lack of availability of the Software due to: (1) outages caused by <br />the failure of public network or communications components; (2) outages caused by a Force Majeure <br />event; (3) outages or Errors caused by the Customer’s use of any third-party hardware, software, <br />and/or services; (4) Errors caused by the individual Authorized User’s desktop or browser software; <br />(5) Errors caused by the Customer’s negligence, misconduct, hardware malfunction, or other causes <br />beyond the reasonable control of the Company; and/or (6) Customer has not paid Fees under the <br />Agreement when due. <br />ATTY/AGR.2024.180/Neighborly Software (Page 15 of 26)