Conversive by SMS Magic

SERVICE & SUPPORT LEVEL AGREEMENT

1. Service Levels
   1. SMS-Magic Inc. will ensure that during each quarter, the Conversive Server is available 99% of the time.
2. Availability and Downtime
3. Availability is measured as total time the System is running during each quarter. System availability includes submission of messages to Conversive Server & the API service from Salesforce to Conversive server. The System would be available for 99% of the time with the exception of “Maintenance and Excluded Time” as mentioned in Clause 3.

2. Down Time begins upon the earlier of the time when Conversive detects unavailability of System; or customer reports the unavailability of service and confirmed by Conversive. Down time ends when the System is up and running again.
3. Maintenance Window
   1. SMS-Magic Inc. may require short periods of unavailability of the Conversive Services in order to conduct maintenance. Conversive will endeavor to perform planned maintenance on weekends between the hours of 09:00 AM to 10:00 AM UTC. In the case of unplanned maintenance, Conversive shall endeavor to provide 24 hours’ notice, if practicable.
   2. Scheduled Maintenance window - 01:00 Hour (On weekends)
   3. http://trust.screen-magic.com/ is the Conversive’s home for real-time information on system performance and security.
   4. SMS-Magic Inc. shall give the Customer advance written notice of planned maintenance on the network of a Service Provider in an applicable country (“Service Provider Mobile Network”), it being understood that the provision of such notice is conditioned on Conversive receiving advance notice from the Service Provider(s).
4. Remedy

If at the end of each Service Period, the Service Level Target is not met then the User shall be entitled to a service credit calculated as follows:

6. Exclusions:
   1. Force Majeure. SMS-Magic Inc. will be excused from performance hereunder for any period and to the extent that it is prevented from performing pursuant hereto, in whole or in part, as a result of delays caused by User or third parties not managed by SMS Magic Inc. or a Force Majeure Event, and such non-performance will not be a default hereunder or an SLA violation hereof provided that SMS-Magic Inc. shall use best endeavors to mitigate the effects of the Force Majeure Event.
7. Reporting Unavailability and Other Service Issues
   1. Customer will report all Failures and any other service issues to Conversive, stating the nature of the issue and information required for its resolution, using the following methods:
      1. http://www.screen-magic.com/support/; or
      2. email to care@screen-magic.com; or
      3. Telephone to US: 1-888-568-1315 | UK: 0-808-189-1305 | AUS: 1-800-823-175
   2. A Failure is deemed to have been reported at the earlier of (a) when Conversive’s Service Desk receives a report of it through the means described in 5.a, and (b) when Conversive opens a ticket in the Conversive system to track the Failure. 

8. Response Times:
   1. Conversive shall be working with the problem announced/recognized within the response times stated below:

*Applies only to issues within exclusive direct control of Conversive and does not include time during which Conversive is awaiting the provision of information it requests in connection with the service report.

9. Severity Definition
   1. Fault category 1
      1. Critical fault System for Customer partly or totally not available - all functions breakdown
      2. Example: Connection to Conversive gateway for submitting and/or receiving of messages not possible.
   2. Fault-category 2
      1. Major fault System is partly disturbed but generally still available.
      2. Example: Conversive Gateway online but connection to Conversive is flapping
   3. Fault-category 3
      1. Minor fault isolates arising insignificant disturbances which essentially do not impair the enterprise.
      2. Example: Incorrect statistics, Administration Area for Stats and Logs not available or incorrect.