Service Level Agreement

SERVICE LEVEL DETAILS

I. Purpose

This Service Level Agreement (“SLA”) sets out the specific maintenance and support services that FilmTrack will provide with respect to the Service(s) that Customer has purchased under one or more Order Forms, which Order Forms and this SLA are subject to that certain SaaS Agreement between FilmTrack, Inc. and the Customer (“Agreement”). Capitalized terms not otherwise defined in this SLA shall have the meaning given such terms in the Agreement. This SLA may be modified or updated at any time and at the sole discretion of FilmTrack.

FilmTrack will provide services under this SLA only to Customers who are in compliance with the terms of the Agreement and each Order Form.

II. FilmTrack Support; Support Contact Information

FilmTrack will provide You with telephone and e-mail support to answer general Service questions and to identify and diagnose Service issues. All reported issues shall be prioritized and addressed according to Severity (See Section VIII(B) hereof) upon receipt. FilmTrack agrees that it will use commercially reasonable efforts in the performance of its maintenance and support services hereunder, and will have qualified and trained personnel knowledgeable in the Software to provide such services.

FilmTrack will provide support via telephone, email communications and/or our online support tool(s). Customer will report issues to Support@filmtrack.com which is the collective Support email account for FilmTrack. Customer will also have access to Support personnel via telephone at +1.818.766.2607, +1.877.992.9466, or +44.203.769.2502.

III. Training

A. Administrator Training: Customer will receive standard remote Administrator Training in connection with Customer’s initial Order Form (additional sessions for renewals of such Order Form or additional Order Forms may be available for separate purchase). The scope of Administrator Training will be set by FilmTrack in its sole discretion but will generally be focused on: i. User Account Management ii. Maintenance Screen Configuration/Capabilities.

B. User Training: Customer will receive standard remote User Training in connection with Customer’s initial Order Form (additional sessions for renewals of such Order Form or additional Order Forms may be available for separate purchase). The scope of User Training will be set by FilmTrack in its sole discretion but will generally be focused on: i. System Navigation ii. System Utilization as Related to Customer’s Business Processes iii. Data Entry iv. Reports (Design and Execution) v. User-Specific Job Functions within the System IV. Service Enhancements FilmTrack will make available to You, for no additional charge, those bug fixes, enhancements, updates and upgrades (unless FilmTrack has elected to separately charge for a particular upgrade in light of its level of new functionality) to the Services

IV. Service Enhancements

FilmTrack will make available to You, for no additional charge, those bug fixes, enhancements, updates and upgrades (unless FilmTrack has elected to separately charge for a particular upgrade in light of its level of new functionality) to the Services FILMTRACK \ Service Level Agreement– 2/18/15 2 with respect to which You have a current subscription under an Order Form, to the extent that FilmTrack, at its sole discretion, has decided to make the same generally available.

V. Security Policies and Security Monitoring

FilmTrack uses Infrastructure-as-a-Service (“IaaS”) providers for all its hosting needs. As such, no FilmTrack personnel nor contractor has physical access to equipment used in the hosted environment for the Services. Subject to FilmTrack’s contractual obligations to its IaaS providers, FilmTrack will provide a summary of the applicable IaaS network security measures upon written request and subject to the confidentiality provisions of the Agreement. All remote access to hosted environment equipment configuration is restricted to a limited number of FilmTrack security and hosting personnel. In the event of an attack or threatened or suspected breach of security against FilmTrack’s or its IaaS vendors’ data center, FilmTrack will use all reasonable commercial efforts promptly to notify Customer upon determination of the identity and impact of the breach.

VI. Service Uptime

FilmTrack will use reasonable commercial efforts to maintain a 99.9% uptime (measured over the course of a month) for the Service, with all planned outages given at least a 24-hour notice. The calculation of uptime expressly excludes planned downtime and downtime caused by the circumstances listed below. In the event of emergency maintenance, Customer will be notified as soon as possible.

FilmTrack shall not be responsible for any failure to meet the target uptime percentage to the extent such failure is caused by or associated with:

A. Circumstances beyond FilmTrack’s reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in IaaS provider or other telecommunications or third party services, virus attacks or hackers, failure of third party software (including, without limitation, e-commerce software, payment gateways, chat, statistics or free scripts) or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of this SLA;

B. Scheduled maintenance and emergency maintenance and upgrades;

C. Issues with Customer’s computing environment;

D. Customer’s acts or omissions (or acts or omissions of others engaged or authorized by Customer), including, without limitation, willful misconduct, or use of the Services in breach of the Agreement;

VII. Regular Backups

Complete (full) backups will be performed nightly, based on the individual application requirements. Customer’s database may be backed up on a “live” basis, at additional cost and if required. Additionally, a complete (full) backup will be performed each quarter. Daily backups are stored for a period of thirty (30) days, weekly backups for a period of twelve (12) weeks, and quarterly backups are stored, offsite and encrypted, for Customers in good standing, for a period of five (5) quarters. Nothing in this paragraph guarantees the preservation of any Customer Data or changes the disclaimers set forth in the Agreement.

VIII. Support for Errors

FilmTrack will use all reasonable commercial efforts to respond to Support Requests (as defined below) in accordance with the following provisions. FilmTrack does not guarantee that any particular error (as defined below) will be resolved.

A. Support Request – For the purposes of this agreement, a “Support Request” is a request to FilmTrack’s Support organization wherein Customer seeks assistance with regard to an error in the Service (an “error” is a reproducible failure of the Service to provide the functionality as described in FilmTrack’s then-current published documentation for that Service). Support Requests are generated via phone, email or via FilmTrack’s Customer helpdesk portal. FILMTRACK \ Service Level Agreement– 2/18/15 3

B. Severity Definitions – The severity level for an error will be set by FilmTrack and will be based on the severity definitions specified below.

Severity 1: Customer’s use of the relevant Service is so severely impacted that You cannot reasonably continue work, or You experience a complete loss of use of the Service. FilmTrack will use all reasonable efforts to respond to Severity 1 Support Requests within two (2) hours.

Severity 2: You experience a severe loss of Service in which important features are unavailable but operations can continue in a restricted fashion. FilmTrack will use all reasonable efforts to respond to Severity 2 Support Requests within four (4) hours.

Severity 3: You experience a minor loss of Service. The impact is an inconvenience, which may require a workaround to restore functionality. FilmTrack will use all reasonable efforts to respond to Severity 3 Support Requests within twenty-four (24) hours

C. Processing of Support Requests

Customer Process

1. Customer will use the support contact information provided above to submit Support Requests.

2. Customer will ensure they copy Support@filmtrack.com on all email correspondence, as opposed to emailing a specific Support team member exclusively, to ensure the quickest and most efficient response time.

3. Customer will provide all known information required, e.g. steps to reproduce issue, criteria filters for reports, etc., to open a Support Request.

4. Once a Support Request has been submitted, Customer will make the appropriate Customer representatives and/or Users available to work with the FilmTrack Support team member assigned to the Support Request.

5. Customer will keep FilmTrack apprised of any personnel changes (e.g. security modifications, end users changes, customer location changes, job title changes, etc.) on a timely and consistent manner.

 

 

Document referenced: FT-SERVICE-LEVEL-AGREEMENT-2-18-15