ClaimDeck’s Service Level Agreement

LAST UPDATED: MAY 2, 2023

ClaimDeck Service Level Commitments and Support Services

Commencing on the date the Service to the Subscriber commences, ClaimDeck will provide Service Level Commitments (“SLC”) Credits (defined in Section 3 below) and Support Services in accordance with the SLC and Support Services Terms as defined herein. The SLC and Support Services incorporate the definitions set forth in “Definitions” section of the Terms of Service Agreement.

I. Additional Definitions

“Downtime” means any period, greater than ten minutes, within the Scheduled Available Time during which the Subscriber is unable to access or use the Service because of an Error (as defined below), excluding (i) any such period that occurs during any Scheduled Downtime and/or Recurring Downtime (as defined below), or (ii) search, FTP or sync functions of the Service.

“Error(s)” means the material failure of the Service to conform to its published functional specifications.

“Procedural Issues” means those issues that are to be addressed by Subscriber through adjustment of a specific business process to accomplish work in the Service.

“Recurring Downtime” means 4 hours per month on the third Friday of the month from 12:00 A.M. to 4:00 A.M. CST.

“Request” means a modification to the Service outside of the scope of the functional specifications.

“Scheduled Available Time” means 24 hours a day, 7 days a week.

“Scheduled Downtime” means the time period identified by ClaimDeck in which it intends to perform any planned upgrades and/or maintenance on the Service or related systems and any overrun beyond the planned completion time.

“Uptime Percentage” means the total number of minutes of Scheduled Available Time for a calendar month minus the number of minutes of Downtime suffered in such calendar month, divided by the total number of minutes of Scheduled Available Time in such calendar month. Uptime Percentage will be calculated by ClaimDeck solely using records and tools available to ClaimDeck.

“User Administration Support” means issues that impact the usability of the Service and are addressable through the adjustment of Subscriber’s access privileges, processes or procedures.

II. Scope of Service Level Commitments

ClaimDeck’s obligations do not extend to Errors or other issues caused by:

1. any modification of the Service made by any person other than ClaimDeck;

2. any third party hardware or software used by Subscriber;

3. the improper operation of the Service by Subscribers;

4. the accidental or deliberate damage to, or intrusion or interference with the Service by Subscriber;

5. the use of the Service other than in accordance with the reasonable instructions of ClaimDeck (available in the ClaimDeck Help Center);

6. ongoing test or training instances of the Service provided to Subscriber; or

7. services, circumstances or events beyond the reasonable control of ClaimDeck, including, without limitation, any force majeure events, the performance and/or availability of local ISPs employed by Subscriber, or any network beyond the demarcation or control of ClaimDeck.

3. Scheduled Downtime and Guaranteed Uptime

ClaimDeck will make an effort to provide at least 24 hours’ prior notice before undertaking any Scheduled Downtime. In the event the Service experiences an Uptime Percentage of less than 99.9% in any calendar month, ClaimDeck will provide to Subscriber a credit (“SLC Credit”) equal to the credit percentage identified in the table SLC Credits table below multiplied by the Subscriber’s fees paid to ClaimDeck for the Service that are attributable to such month. Subscriber will submit a written SLC Credit request to ClaimDeck in writing within 30 days of such Downtime.

IV. Availability of SLC Credits

Subscribers who are past due on any payments owed to ClaimDeck are not eligible to receive SLC Credits. In order to receive any SLC Credit, Subscriber must notify ClaimDeck within 30 days from the time Subscriber becomes eligible to receive a SLC Credit. Failure to comply with this requirement will forfeit Subscriber’s right to receive a SLC Credit. In no event will the total amount of SLC Credits if any, exceed the fees paid by Subscriber for the corresponding month.

V. Support Services

ClaimDeck will provide support services to assist Subscriber in resolving Errors (“Support Services”). Support Services do not include (a) physical installation or removal of the API and any documentation; (b) visits to Subscriber’s site; (c) any electrical, mechanical or other work with hardware, accessories or other devices associated with the use of the Service; (d) any work with any third party equipment, software or services; (e) any professional services (“Professional Services”) associated with the Service, including, without limitation, any custom development, or data modeling.

ClaimDeck will provide email and/or phone support, excluding ClaimDeck corporate holidays and U.S. holidays except where noted.

Support Email

support@claim-deck.com