Evolved SaaS Service Levels

Evolved will make available the Evolved SaaS in accordance with the following service levels:

1. Product maintenance

a. Evolved is responsible for maintaining the software and environment used to deliver the Evolved SaaS.

b. Evolved will deploy updates, fixes, patches and new releases for the Evolved SaaS from time to time for all customers at no additional charge. Optional new features, functionality or products may be provided subject to an additional charge (which the customer may elect to adopt).

c. In maintaining the SaaS, Evolved will use reasonable efforts to avoid unscheduled downtime for the SaaS.

2. Service quality

a. Evolved will ensure the SaaS substantially conforms with Evolved’s current standard documentation for the relevant SaaS product (as made available to customers generally).

b. If the SaaS fails to meet the requirement in paragraph (a), then Evolved will provide SaaS support in accordance with Evolved’s current support policy.

3. Service availability

a. Evolved will use commercially reasonable efforts to ensure the SaaS is available as follows, subject to excluded periods of downtime under paragraphs (b) and (c) below:

where “ —” in respect of the Stop time means continuous service into the next day.

b. the SaaS may not be available during the following periods of scheduled maintenance, and this will not be deemed to constitute unavailability:

c. the SaaS may not be available in the following events, and this will not be deemed to constitute unavailability.

i. force majeure events which include any events beyond the reasonable control of Evolved;

ii. any event caused by the customer, its employees, subcontractors or end users or any person accessing the SaaS using customer’s access credentials;

iii. any outage or unavailability caused by the underlying infrastructure used by Evolved to provide the SaaS and which are not controlled by Evolved (including any cloud hosting provider);

iv. internet or network outages; or

v. Evolved’s suspension or termination of access in accordance with the agreement.