SERVICE LEVEL AGREEMENT

1.INTRODUCTION

1.1 This Service Level Agreement ("SLA") sets out the service level requirements (the "Service Levels") for the SmartEO Services provided by Å Insite AS ("AIAS").

1.2. Other than using best quality assurance models to achieve the Service Levels set out in this SLA, AIAS makes no other warranties or representations for the SmartEO Service.

2.DEFINITIONS AND INTERPRETATIONS

2.1 Capitalised terms and expressions used in this SLA shall have the meaning set out in the Terms and Conditions and herein.

2.2. The capitalized terms below shall, for the purpose of this SLA, have the following meaning:

1. 1. (I) "Availability" means that the API access provided as part of the SmartEO Service is available for normal use;
      (II) "Availability Time" means 24 hours of the day, 7 days a week;
      (III) "Business Day(s)" means Monday through Friday each week, but excluding Norwegian public holidays;
      (IV) "Business Hours" is the time period from 09:00-15:00 CET on Business Days ;
      (V) "Downtime" means time that the SmartEO Service does not fulfil the Availability during a Period (as defined in Clause 5.1.1), excluding Permitted Downtime;
      (VI) "Incident" means (i) any single event, or (ii) any set of events, that result in Downtime;
      (VII) "Permitted Downtime" shall have the meaning set out in Clause 4 below;
      (VIII) "Service Desk" means the entry point for all Incidents and Service Requests related to the SmartEO Service;
      (IX) "Service Levels" means the service level requirements set forth in this SLA which apply to the SmartEO Services;
      (X) "Service Request" means a query for any support or activity other than in relation to an Incident, such as a request for assistance, access, information, data inquiry or audit inquiry; and
      (XI) "Scheduled Downtime" means periods of Downtime related to network, hardware, or SmartEO Service maintenance or upgrades, of which AIAS will notify the Customer in advance.

3.SERVICE DESK

3.1 AIAS's Service Desk shall be available for the Customer's personnel to contact concerning any Incidents or Service Requests. 

3.2. During Business Hours, AIAS's Service Desk is available at support@smarteo.no.  

3.3. Outside of Business Hours, AIAS's Service Desk may be contacted to report Incidents at support@smarteo.no.   

3.4. AIAS shall have a response time of no more than four (4) hours within Business Hours in respect of Incidents and two (2) Business Days for other Service Requests.

4. PERMITTED DOWNTIME

4.1 The following circumstances constitute Permitted Downtime, which AIAS may exclude from the Downtime upon the measurement of Availability :

(i)Downtime due to factors outside AIAS's reasonable control (for example, natural disaster, war, acts of terrorism, riots, cyber-attacks, government action, or a network or device failure external to our data centers, including at Customer's site or between Customer's site and our data center);

(ii) Downtime in connection with Scheduled Downtime;

(iii) Downtime resulting from the Customer's (or End-Customer's) (i) use of services, hardware, or software not provided by AIAS, including, but not limited to, issues resulting from inadequate bandwidth or related to third-party services, (ii) failure to adhere to any required configurations, use supported platforms, follow any policies for acceptable use or appropriate security practices, or use of the Service in a manner inconsistent with the features and functionality of the SmartEO Services (for example, attempts to perform operations that are not supported) or inconsistent with AIAS's published guidance as well as the unauthorized action or lack of action when required, and (iii) use of SmartEO Services features that are outside of support (i.e. no longer maintained by AIAS as part of the SmartEO Services).

4.2 Scheduled Downtime which leads to Downtime of more than 30 minutes shall be communicated to the Customer by email with the following details at least 48 hours before the Scheduled Downtime:

(i)Time of Scheduled Downtime,

(ii)Anticipated duration of the Scheduled Downtime and

(iii)Anticipated impact of the Scheduled Downtime.

4.3 As far as reasonably possible, each Scheduled Downtime which leads to a Downtime of more than 30 minutes shall be made outside of Business Hours.

5. AVAILABILITY OF THE SMARTEO SERVICE

5.1 Availability measurement

1.  Availability measurement
   1. AIAS monitors the achieved Availability of the SmartEO Service each calendar month (each a "Period"), based on data originating from the SmartEO hosting environment. The achieved Availability is the percentage of Availability Time during each Period that the SmartEO Service is available, calculated as follows:

5.2 Target Availability

5.2.1. The SmartEO Service has a target availability of 99% (the "Target Availability"). 

5.3 Availability default

5.3.1. If the achieved Availability is below the Target Availability, AIAS shall use best efforts to restore and maintain the Target Availability as soon as possible. 
5.3.2. AIAS's obligations pursuant to Clause 5.3.1 shall constitute the Customer's sole remedy with respect to AIAS's non-compliance with this SLA. 
5.3.3. Notwithstanding and without prejudice to Clause 5.3.2, AIAS's liability in the event of a default of the Target Availability shall under all circumstances be limited to the Customer's proportionate share of any service credit or similar compensation that AIAS may receive from its hosting provider in relation to the same default/defaults.

6. MEASUREMENT

6.1 AIAS utilizes industry-standard automated tool(s) to monitor and measure the Availability of the SmartEO Service. AIAS reserves the right to utilize and implement any measurement and monitoring tools and procedures as it reasonably determines are required to properly and accurately measure and report AIAS's performance of the SmartEO Service against the applicable Service Levels.

7. DATA FREQUENCY ETC.

7.1 AIAS will use commercially reasonable efforts to ensure that the SmartEO Data is provided to the Customer through the API in accordance with the target intervals and frequency set out in the Order for the relevant Site. If no specific interval and frequency is stated for a particular Site, the target intervals and frequency are 15 Minutes and 15 Minutes respectively. For the avoidance of doubt, the Customer accepts and acknowledges that the SmartEO Data frequency and intervals may vary from time to time due to e.g. network latency, hardware errors, user errors or other circumstances outside of AIAS's control, and that AIAS does not warrant or represent that the SmartEO Data at all times will be provided in accordance with the target intervals and frequencies.