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Service Level Agreement

Edgeworks Care Academy Service Level Agreement (SLA). During the term of the applicable Edgeworks Care Academy Agreement, the Edgeworks Care Academy Covered Services web interface will be operational and available to Customer at least 99.9% of the time in any calendar month (the "Edgeworks Care Academy SLA"). If Edgeworks does not meet the Edgeworks Care Academy SLA, and if Customer meets its obligations under this Edgeworks Care Academy SLA, Customer will be eligible to receive the Service Credits described below.

Definitions

The following definitions shall apply to the Edgeworks Care Academy SLA.

"Downtime" means, for a Care Academy domain, if there is more than a five percent user error rate. Downtime is measured based on server and network availability.

"Downtime Period" means, for a Care Academy domain, a period of ten consecutive minutes of Downtime. Intermittent Downtime for a period of less than ten minutes will not be counted towards any Downtime Periods.

"Edgeworks Care Academy Covered Services" means Care Academy Sites and components of the Service. This does not include customer service support agreements.

"Monthly Uptime Percentage" means total number of minutes in a calendar month minus the number of minutes of Downtime suffered from all Downtime Periods in a calendar month, divided by the total number of minutes in a calendar month.

"Scheduled Downtime" means those times where Edgeworks notifies Customer of periods of Downtime at least three days prior to the commencement of such Downtime. Scheduled Downtime is not considered Downtime for purposes of this Edgeworks Care Academy SLA, and will not be counted towards any Downtime Periods.

"Service" means the service provided by Edgeworks to Customer under the applicable Edgeworks Care Academy Agreement.

"Service Credit"means the following:

Monthly Uptime Percentage

Days of service added to end of service term, at no charge to customer

< 99.9% - = 99.0% ½ day
< 99.0% - = 95.0% 1½ days
< 95.0% 3 days

Customer must request service credit

In order to receive any of the Service Credits described above, Customer must notify Edgeworks within thirty days from the time Customer becomes eligible to receive a Service Credit. Failure to comply with this requirement will forfeit Customer's right to receive a Service Credit.

Maximum service credit

The aggregate maximum number of Service Credits to be issued by Edgeworks to Customer for any and all Downtime Periods that occur in a single calendar month shall not exceed three days of Service added to the end of Customer's term for the Service. Credits may not be exchanged for, or converted to, monetary amounts.

Edgeworks Care Academy support and help desk

Edgeworks Care Academy will provide an initial response within 4 hours during normal UK business hours (10:00-17:00, Monday-Friday excluding public holidays).

Edgeworks Care Academy SLA exclusions

The Edgeworks Care Academy SLA does not apply to any service that expressly exclude this Edgeworks Care Academy SLA (as stated in the documentation for such services) or any performance issues: (i) caused by factors outside of Edgeworks reasonable control; or (ii) that resulted from Customer's equipment or third party equipment, or both (not within the primary control of Edgeworks). For the avoidance of doubt, it is expressly agreed that any such circumstances which a prudent and diligent party could have avoided with reasonable foresight shall not be deemed to be circumstances beyond that party's control.

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