Service Level Agreement

NowPow will use commercially reasonable efforts to make the Services Available at least 99% of the time as measured over the course of each calendar month, where “Available” means the Services are available for access and use by Client in accordance with the terms of Master Services Agreement, excluding any unavailability that results from: (i) unavailability during Scheduled Downtime (as defined below); (ii) unavailable due to Emergency Maintenance and required repairs ; (iii) Client’s or its users’ acts or omissions; (iv) Client’s or its users’ Internet connectivity; (v) failure, interruption, outage, or other problems with any software, hardware, system, network, facility, or other matter not supplied by NowPow pursuant to the Master Services Agreement; (vi) delays or failures to perform due to causes beyond NowPow’s reasonable control, including acts of God, acts of a public enemy, terrorism, fires, floods, earthquakes, blizzards, other extraordinary weather events, and civil disorders; or (vii) suspension or termination of the Services in accordance with the terms of the Master Services Agreement.

NowPow will use commercially reasonable efforts to (i) schedule downtime for routine maintenance of the Services weekdays between the hours of 7PM and 7AM, Central Time and weekends between the hours of 7PM Central Time Friday and 7AM Central Time Monday (“Schedule Downtime”) and (ii) give Client at least 24 hours / 1 business days’ prior notice of all scheduled outages of the Services.

If NowPow is required to perform unscheduled corrective maintenance to keep the Services operational or to correct any unexpected and serious fault or vulnerability (“Emergency Maintenance”), NowPow will use commercially reasonable efforts to notify Client before performing Emergency Maintenance.

NowPow will provide Client with online access to user documentation for the Services, technical support bulletins, and other user support information to the extent NowPow makes such items available to its other customers.

NowPow will provide support services on business days between the hours of 9AM and 5PM, CT time. Requests for support services must be submitted through email to support@nowpow.com. Each request must contain, to the extent known and applicable: (i) a description of the error; (ii) the time and date when the error first came to Client’s attention; and (iii) the applicable Client contact name, email address, and telephone number (each, a “Support Request”).

NowPow will respond to and resolve incidents submitted via Support Requests in a timely manner appropriate to the severity of the incident.