Evolved will provide standard support for Evolved SaaS products in accordance with this annex (“Support Services”):

1. Support

a. If the customer believes that the SaaS is not performing in accordance with its current documentation, the customer may report the issue to Evolved by emailing support@theevolvedgroup.com (Support Request).

b. Evolved will acknowledge each Support Request and use reasonable efforts to promptly investigate it. The customer must promptly provide Evolved with all reasonable information and assistance to enable Evolved to investigate and diagnose the issue.

c. Where the SaaS is failing in a material respect to perform in accordance with its current product documentation (Defect), Evolved will use reasonable efforts to promptly correct the failure, provide a reasonable workaround and/or otherwise resolve the Support Request.

2. Service Levels

a. Evolved will use commercially reasonable efforts to meet the following Support Request acknowledgement, response and resolution time frames, at least 99% of the time in each calendar month:

For the purposes of the table above

Priority 1 means a Defect that results in all users being unable to access or operate the SaaS at all, or otherwise a Defect which severely impacts customer’s ability to use key features of the SaaS.

Priority 2 means a Defect that significantly adversely affects the users’ ability to use the SaaS without using unsustainable workarounds, or otherwise has a major impact on customer’s ability to use key features of the SaaS.

Priority 3 means a Defect that is not a Priority 1 or Priority 2 Defect, or otherwise has a minor impact on any users’ ability to use the SaaS or for which there is a reasonably sustainable workaround.

Priority 4 means a Defect that does not materially impede a users’ ability to use the SaaS, or is otherwise a “nuisance” issue only.

For all priority levels, Evolved will designate a priority level based on the information provided by the customer. The customer may object to any priority level designation by Evolved and Evolved will reasonably consult with the customer in relation to the potential re-classification of priority for a Support Request.

Acknowledge means the maximum time period between the customer’s Support Request and Evolved’s acknowledgement of receiving the Support Request.

Respond means the maximum time period between the customer’s Support Request and the time Evolved commences investigating and rectifying the Defect.

Resolve means the maximum time period between the customer’s Support Request and Evolved’s restoration of the SaaS to remove the Defect.

Update means the maximum time interval for Evolved to provide updates to the customer regarding the customer’s Support Request and its status. All communications will be managed via email.

3. Exclusions

a. Evolved is not required to provide the Support Services or assist the customer to investigate and resolve issues and Defects in the following circumstances:

i. where the Support Request relates to an issue which is not a Defect;

ii. where a Defect or issue is caused by the customer, including through:

1.  misuse of the SaaS;
   

2.  a breach of the agreement by the customer;
   

3.  failure to comply with Evolved’s standard documentation for the SaaS (including maintaining any minimum system requirements in the customer’s environment);
   

4.  combination of the SaaS with another product not supplied by Evolved.
   

iii. during any period in which Evolved is entitled to suspend or cancel access to the SaaS,

but Evolved may (in its discretion) provide support to investigate and resolve the issue, subject to the customer’s payment of additional fees for such support (to be agreed in advance).

b. Evolved will not be taken to have missed any Service Levels where its delay or failure is caused by: i. the customer failing or refusing to promptly provide the information and assistance reasonably requested by Evolved in order for it to provide the Support Services; or

ii. the Defect is caused by an event of force majeure, or otherwise any event beyond the reasonable control of Evolved.