Service Level and Support Agreement

This Service Levels and Support Agreement sets out TEN-8’s current service levels and help desk support services. TEN-8 will use commercially reasonable efforts to comply with these service levels and may update/enhance the service levels from time to time on reasonable notice to Customer. 

1. Availability of the Services 

1.1 Uptime. TEN-8 will use commercially reasonable efforts to make the Services available twenty-four (24) hours per day and three-hundred sixty-five (365) days per year, except in accordance with maintenance or other periods of unavailability set forth below. Customer may, subject to obtaining access to the internet, access the Services during not less than 99.6% of hours during each calendar year, excluding maintenance periods and other periods of unavailability as set forth in these Target Service Levels ("Uptime"). The unavailability of a single module that is not, in TEN-8’s sole discretion, considered critical to resident care, may be excluded from Uptime. Should TEN-8 fail to provide the Services for the required Uptime, Customer’s sole and exclusive remedy shall be to terminate the MSA in accordance with the provisions thereof. 

1.2 Unavailability Due to Causes Beyond TEN-8’s Control. Periods of unavailability due to causes beyond TEN-8’s reasonable control, including natural disasters, war, riots, labor disputes, government lockdown, internet service provider failures, electricity provider failures, delays or denial of service attacks are excluded from Uptime. 

1.3 Downtime Maintenance Periods. TEN-8 periodically adds, repairs and upgrades its network, hardware and applications and will use its best efforts to accomplish this without affecting Customer’s access to the Services; however, repairs of an emergency or critical nature may result in the Services not being available. TEN-8 has also established periodic system maintenance windows. Any planned maintenance TEN-8 determines could affect Customer’s access to the Services will be scheduled to take place between the hours of 2:00 AM and 5:00 AM (EST). During these system maintenance windows, TEN-8 may make the Services unavailable in order to perform maintenance. TEN-8 will advise Customer twenty-four (24) hours in advance via email or via the Services prior to any scheduled downtime. TEN-8 may change its maintenance window upon prior notice to Customer. 

1.4 Help Desk. The help desk is available at no cost to TEN-8 subscribing customers from Monday to Friday 8am-5pm [EST] daily, excluding statutory holidays observed in Toronto, Ontario.  Help desk can be reached at info@ten-8technologies.com.  All requests will be responded to within 24 hours.