i-dialogue Service Level Agreement

The Service Level Agreement (SLA) is incorporated into the Master Service Agreement and applicable to all services delivered directly to Customers of Cubic Company Software(hereafter referred to as "CCS" and "The Company"). The SLA is not applicable to unrelated third parties or third parties lacking privity of contract with CCS. The uptime guarantees and the resulting SLA credits are applied in monthly terms unless specified otherwise. All SLA guarantees and information listed below are made in good faith and are subject to standard contract remedies.

Scope of SLA:

The SLA credit terms were written under the framework of our parent hosting provider's SLA, therefore the maximum SLA credit claim is limited to the pro-rated services provided by the network and infrastructure provider. Pro-rated network and infrastructure component of monthly billing cycles can represent anywhere from 5%-85% of the total service depending on portal application configuration.

i-Dialogue solutions utilize a Service Oriented Architecture (SOA) where certain portions of the application are dependent upon 3rd party web services, such as Salesforce.com and Google.com. i-Dialogue is designed to continue operating when these services are not available, but no service level guarantees are implied or offered for any 3rd party services.

Scheduled Maintenance:

CCS frequently develops new features and updates to i-Dialogue solutions. Customer will be notified at least 7 days in advance when planned maintenance is scheduled. Portal updates are designed and packaged so that they can be applied without impacting portal application performance, but it is possible for application users to experience a loss of session or no access at all during planned maintenance.

In cases where the customer i-Dialogue solution is temporarily not accessible due to planned maintenance, a maintenance notification web page will be displayed to all users. Planned maintenance is generally scheduled for off hours (weekdays after 7PM Pacific or weekends) but may occur during work hours if required. Planned maintenance will not last more than 2 hours.

Planned maintenance typically occurs once every 20-45 days.

Unplanned Maintenance:

CCS reserves the right to immediately patch or update any i-Dialogue solution at any time in cases where CCS believes the portal application may be vulnerable to a) intrusion, b) a breach in security, or c) degraded performance.

Unplanned maintenance and patches can often be applied without impacting runtime performance, but loss of service is possible. Unplanned maintenance will not last more than 1 hour.

Email Delivery:

CCS guarantees the following email delivery service levels per hosted portal application:
Shared server portal solutions: 5,000 emails per hour
Dedicated server portal solutions: 15,000 emails per hour

Emails are sent with the "from address" field set to an i-dialogue managed domain for the purposes of NDR (Non-Deliverable Receipt) tracking and reporting. The "reply to" field is configurable by customer.

NDR reporting is guaranteed to be updated in the portal within 1 hour of NDR receipt and reported in Salesforce.com within 2 hours.

Email Sent, Open, Clicked, Forward, and Opt Out events are reported in Salesforce.com within 1 hour.

SLA Credit Claim:

To properly claim an SLA credit due, a customer user must open a Sales ticket by sending an email to Sales within seven days of the purported outage. Customer must include service type, IP Address, contact information, and full description of the service interruption including logs if applicable. The SLA claim will be researched by the appropriate department manager and any credit issued will be issued to accounting and the ticket will be updated. SLA credits are issued as service credits on future billing cycles. SLA credits shall not be bartered or traded with other CCS customers. SLA credits are issued for the network and server components of monthly billing cycles only. The department manager will provide details to the customer on how much of the monthly bill qualifies for credit. Please allow up to fourteen (14) days for the process of SLA claims.

SLA Claim Fault:

Customers currently in arrears for monthly services do not qualify for SLA claims. Customers making false or repetitive claims will incur a one time charge of $50 per incident for such claims. False or repetitive claims are also a violation of the Terms of Service and may be subject to service suspension. Customers participating in malicious or aggressive internet activities thereby causing attacks or counterattacks, do not qualify for SLA claims and shall be in violation of the AUP.

Public Network:

CCS's server hosting partner guarantees 99.9% uptime on all public network services to Customers located in our partners datacenter. All public network services include redundant carrier grade internet backbone connections, advanced intrusion detection systems, denial of service mitigation, traffic analysis, and detailed bandwidth graphs. Specific guarantees with SLA information are listed in the table below.

Private Network:

CCS's network hosting partner guarantees 99.9% uptime on the service network services to Customers located in partner datacenters. All private network services include access to the secure VPN connection, unlimited bandwidth between servers, unlimited uploads/downloads to servers, access to contracted services, traffic analysis, and detailed bandwidth graphs. Specific guarantees with SLA information are listed in the table below.

Redundant Infrastructure:

CCS's network hosting partner guarantees 99.9% uptime on the power and HVAC services to Customers located in our partner datacenters. All computer equipment and related services are served by redundant UPS power units with backup onsite diesel generators. Specific guarantees with SLA information are listed in the table below.

Public Network, Private Network, Infrastructure, and Portal Application SLA listed below:

Uptime Guarantee SLA Credit

99.9% Guaranteed
99.8% 5%
99.7% 10%
99.6% 15%
99.5% 20%
99.4% 25%
99.3% 30%
99.2% 35%
99.1% 40%
99.0% 45%
Less than 99.0% 50%
Less than 98.0% 75%
Less than 97.0% 100%

Hardware:

CCS, and their server hosting partner, guarantees the replacement of failed hardware and hardware components located within our partner datacenters. CCS, and their server hosting partner, guarantees a failed hardware component will be replaced within 2 hours of customer notification in the trouble ticketing system. Replacement of failed hardware does not include time required to reload the operating system or applications. Specific guarantees with SLA information is listed below.

Replacement Guarantee SLA Credit

4 hours or less Guaranteed
4.1 to 8 hours 5%
8.1 to 12 hours 10%
12.1 to 16 hours 20%
16.1 to 20 hours 30%
20.1 hours + 50%

Electronic Signature:

Acceptance of the Master Service Agreement incorporating the Terms of Service, Acceptable Use Policy, Service Level Agreement and Privacy Agreement hereby initiates billable services and is deemed complete by agreement to the terms as described on the online signup form(s) and completion of the ordering process.

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