Service Level Agreement - Rigor Insights

1. Glossary of Definitions.

1.1. Technical Support Request. “Technical Support Request” means a request from Customer to Check-6 Support Personnel for technical support to resolve a question or issue report regarding the product hardware, the Software, or data access.

1.2. Administrative Support Request. “Administrative Support Request” means a request from Customer to Check-6 Support Personnel for administrative support and not a technical product request related to the usability of the product.

1.3. Check-6 Support Personnel. “Check-6 Support Personnel” means the Check-6 representatives responsible for handling support requests, Technical or Administrative Requests.

1.4. Current Release. “Current Release” means the most current software version being sold.

1.5. Customer IT Representative. “Customer IT Representative” means a designated representative in the Customer IT Department.

1.6. Documentation. “Documentation” means all associated material, including all printed material and online or electronic documentation (excluding training materials) referencing the Software.

1.7. Feature Request. “Feature Request” means a request by a Customer IT Representative to incorporate a new feature or enhance an existing feature of the Software that is currently not available as part of the existing Software.

1.8. Maintenance. “Maintenance” means work that is performed by Check-6 on Check-6 or Check-6 contracted hardware or software products.

1.9. Product Issue. “Product Issue” means an issue, identified by Customer to Check-6, which is not a Product Unusable Request or Feature Request.

1.10. Product Unusable. “Product Unusable” means any situation where Customer is unable to access or use the product for the majority of its End Users due to a product malfunction.

2. Service Level Agreement Objectives.

2.1. Provide clear reference to service ownership, accountability, roles and/or responsibilities.

2.2. Document a clear, concise, and measurable description of service provision to the Customer.

2.3. Match perceptions of expected service provision with actual service support and delivery.

2.4. Define the criteria for prioritization if a service issue arises.

3. Term and Review

3.1. Review. Check-6 is responsible for facilitating regular reviews of this document. Contents of this document may be amended as required, provided mutual written Agreement is obtained from the primary stakeholders and communicated to all affected parties. Check-6 will incorporate all subsequent revisions and obtain mutual written agreements/approvals as required.

4. Service Agreement.

4.1. Service Scope.

The following Services are covered by this Agreement:

(A) Technical Support will be provided for the current release of the Customer and Server Applications.

(B) Server hosting purchased from Check-6.

(1) Check-6 will manage the Support and Maintenance of Check-6 or Check-6 contracted server hosting services.

(D) Planned or emergency onsite assistance is not covered under this Agreement. If required, such services will be billed at the current onsite support day rate.

(E) Custom Analytics Dashboard development or editing is not covered under this Agreement. If required, such services will be billed at the current hourly rate of $250/hour.

4.2. Customer Requirements.

Customer responsibilities and/or requirements in support of this Agreement include:

(A) Payment in accordance with the license agreement is required in order to receive technical support for the Software.

(B) Availability of Customer IT Representative(s) when resolving a Product Issue.

(C) The Customer is responsible for responding to/answering any questions or complaints made by End Users or other parties relating to Customer IT Services.

(D) Customer has properly trained its personnel in the use and application of the Software.

(E) Installation of product for Customers who implement Check-6 Software on their own IT systems.

(1) Software installation instructions provided by Check-6.

(2) The software requires access to the following domains to ensure proper functionality and supportability: checklistrigor.com (required for RIGOR Web and Server access and component synchronization), checksix.com (required for access to support materials), rigoranalytics.checksix.com (for RIGOR analytics report/dashboard access), rigor.checksix.com (for onsite checklist template creation and editing by Check-6 coaches), and the Apple App Store (required for initial RIGOR App installation, updates, and maintenance support).

(F) Customer efforts to address issues:

(1) For issue resolution, Customers who implement Check-6 Software on a Check-6 hosted server or purchase or lease hardware from Check-6 may contact Check-6 with a written request for technical support through the support email at [email protected].

(2) Customers who implement Check-6 Software on their own IT systems will use reasonable efforts through their IT department to fix any error, malfunction, or network connectivity defect without escalation to Check-6. Thereafter, a Customer IT Representative may contact Check-6 with a written request for technical support through the product support email at [email protected] or, for Priority 1 issues, via phone as listed in Table 1 of this exhibit.

(G) Characterization of requests:

(1) Upon receiving a Technical Support Request from the Customer, Check-6 will determine whether the request is a Priority (P1, P2, P3, or P4) as identified in Section 4.4. Administrative Requests or Feature Requests (as defined in Section 2) will receive the lowest Priority designation for reply and shall receive notification of receipt. Any such determination will be made by Check-6 at its sole discretion. Customer may appeal any classification to a Check-6 Support Personnel supervisor.

(H) Procedures for acknowledgement and resolution of requests:

(1) When making a request, the Customer will provide requested diagnostic information, including but not limited to: (1) describing the issue, the configuration, and the Customer’s network; (2) providing relevant data; and (3) communicating further via email or telephone to answer questions and assist Check-6 Support Personnel as appropriate. See section 5.1 (C) of this exhibit.

(I) Customer-provided hardware must meet minimum specifications provided by Check-6.

(1) Hardware provided by the Customer intended for Check-6 product use must meet recommended specifications provided by Check-6. Any issues, maintenance, and support with this hardware are the responsibility of the Customer. Check-6 can only guarantee Software functionality if the hardware is dedicated solely to use of Check-6 products.

(2) Mobile Device (required to run RIGOR App) – iPad generation 2 or later / 32GB or greater memory / iOS 11 or later with Wi-Fi capability / Mobile Device Case (optional)

(3) Computer – PC-based computer with Windows 10 or later operating system / 64-bit operating system / x64-based processor

(4) The following browsers are supported by the RIGOR Web: Google Chrome 40.0 and later / Firefox 45.0 and later / Safari 8 and later

(5) Local network performance must meet minimum upload/download speed of 0.2 Mbps (5.0+ Mbps recommended) and exhibits no packet loss or excessive latency (>500 msec) during normal operations

(J) Replacement of defective Check-6 hardware:

Customer will ship the product with insurance via FedEx or UPS to an address supplied by Check-6 Technical Product Support personnel at [email protected].
Shipping and insurance costs will be borne by the party shipping the product. Hardware value should be confirmed with Check-6 prior to shipping. The shipping tracking number with a description of the identified hardware and reason for return should be included in an email [email protected] (per Section 14 of the main agreement).

4.3. Check-6 Requirements.

Check-6 responsibilities and/or requirements in support of this Agreement include:

(A) Triaging of identified issues to determine priority and targeting associated response times per Table 1 below.

(B) Appropriate notification to the Customer IT Representative for all scheduled maintenance of Customer software products hosted on Check-6 servers or Check-6 contracted servers.

(C) Technical Support for Check-6 products is provided solely through [email protected] (and use of phone requests for Priority 1 issues only – see Table 1).

(D) Check-6 will respond to a Request by acknowledging receipt of the Request. The Customer acknowledges and understands that Check-6 may be unable to provide answers to/or resolve all Requests.

(E) If Check-6 deems a Request as a Feature Request, Check-6 will log such Request for consideration to add to a future update or release of the Software. After logging the request, Check-6 will consider the matter closed. Check-6 is under no obligation to resolve any Feature Request or to include any such Feature Request in any future update or release.

(F) If Check-6 deems requests to be for Administrative Support and not a Technical Support Request regarding usability, these services will not be handled under this Agreement.

(G) Check-6 will only provide the support services described in these guidelines during the term of this Agreement or under the terms of the associated contract.

(H) Check-6 will have no obligation to provide any support services to the Customer after the expiration or termination of said Agreements.

(I) Check-6 shall have no obligation to provide product support in the event issues with Check-6 Software are related to the improper use by the Customer.

(J) Check-6 shall have no obligation to provide product support in the event issues with Check-6 purchased or leased hardware are related to improper care and use by the Customer.

(K) For Check-6 provided hardware, Check-6 will ship insured replacement hardware within five (5) business days of receiving the defective hardware.

4.4. Service Obligations.

Obligations related to in-scope services include:

(A) Check-6 Software firmware bugs are the sole responsibility of Check-6.

(B) Target response times for in-scope services are based on the Customer’s operational impact as outlined below:

(1) Priority 1 (Critical impact) – An issue that: (1) renders the Product inoperative; or (2) causes the Product to fail catastrophically. Catastrophic failures are those for which the Customer is unable to access or use the product for the majority of its End Users, due to a product malfunction.

(2) Priority 2 (High Impact) – An issue that significantly degrades performance of the Product but where the Customer’s Users can still access and use the product with moderate restrictions.

(3) Priority 3 (Medium Impact) – An issue that causes only a minor impact on the use of the Product.

(4) Priority 4 (Low Impact) – An issue that causes no impact on the use of the Product.

(C) Further amplification of the Customer’s technical support services may be incorporated in a Statement of Work or as provided by the current version of a Technical Services Implementation Plan.

4.5. Out of Scope Services/Items.

Out of scope services and items not subject to Check-6 Support include but are not limited to:

(A) Customer furnished hardware and peripherals

(B) Non-Check-6 software components

(D) Network degradation (upload/download speeds <0.5 Mbps, latency >500 msec, and/or packet loss)

(E) Back-up and recovery

(F) Viruses and malware

(G) Operating systems

(H) Firewalls

(I) Proxies

(J) Administrative, training and feature requests

(K) Customer IT service or support

5. Service Management.

The following subsections provide relevant details on service availability, monitoring of in-scope services, and related components.

5.1. Service Availability and Requests.

In support of services outlined in this Agreement, Check-6 will respond to service issues submitted by the Customer as stated below.

(A) Issue Notification and Target Initial Response Times. Check-6 shall provide the following response times for the identified Priority levels (see Service Obligations section 4.4).

Table 1 – Issue Priority, Acknowledgement, & Target Initial Response Times

Note: Only initial response times are ensured, not resolution times.

(1) See Check-6 Holidays listed below

(2) Normal Business hours 8:00 a.m-5:00 p.m. United States Central Time, Monday-Friday

Check-6 Holidays:

Check-6 is closed for are all United States Federal holidays including but not limited to:

- - - President’s Day
    - Memorial Day
    - Martin Luther King Day
    - Independence Day
    - Labor Day
    - Veteran’s Day
    - Thanksgiving
    - Day after Thanksgiving
    - Christmas Eve
    - Christmas Day
    - New Year’s Eve
    - New Year’s Day

(3) Both email and phone must be used to ensure Priority 1 response time

(B) Maintenance of Check-6 Hosted Software

(1) To ensure optimal performance of the product, Check-6 performs periodic Maintenance. In most cases, Maintenance will have limited or no negative impact on the availability and functionality of the products.

(2) If Check-6 expects planned Maintenance to negatively affect the availability or functionality of the product, Check-6 will notify the Customer by email and/or phone at least seven (7) calendar days in advance of the Maintenance.

(3) Check-6 may perform emergency, unscheduled Maintenance at any time. If Check-6 expects such Maintenance to negatively affect the availability or functionality of the Services, Check-6 will use email and/or phone to provide notice of that Maintenance.

(C) Before contacting product Technical Support, users should explore help that is readily available. This help might come from the Support utility that is built into each application and the operating system software, FAQ subjects on checksix.com, and/or peers in their company.

When such local help has been exhausted and assistance is needed, then the users should contact the Technical Support through one of the methods described in Table 1.

6. Data: Ownership, Retention, And Deletion.

6.1. Data Ownership.

The customer owns the data and content uploaded to the RIGOR DCS and the datacenter. If a customer leaves the service and a request for data transfer is not concurrently submitted, all data associated with the customer will be deleted upon customer request on a timeline agreed to in negotiations. Backups of the data will be deleted on a regular schedule, with all data removed from backups in one month of deletion of datacenter data. If a customer leaves the service and does not return within 6 months, all customer data may be deleted at the discretion of Check-6.

6.2. Data Transfer.

If a customer leaves the services, and requests all data be downloaded, this can be negotiated for an additional fee and will be completed on a timeline agreed to in negotiations. This request must be made at the time of terminating service. Once data is deleted from the datacenter and backups, data transfer is no longer possible.