Standard Service Level Agreement

This Standard Service Level Agreement (the “Lavi SLA”) shall describe Lavi Industries’ (“Lavi”) responsibilities with respect to service availability and resolution of Client incidents related to the Lavi Services (as defined hereinafter). Any capitalized terms used but not defined herein shall have the meaning set forth in the Lavi Terms of Service, Order Form or Statement of Work between Lavi and Client. This Lavi SLA is specifically incorporated by reference into to any and all Order Forms or Statements of Work entered into between Lavi and its Clients related to the Lavi Services. The SLA shall govern the relationship between Lavi and its Clients with respect to the matters set forth herein from the applicable Commencement Date (as defined hereinafter) throughout the applicable Service Period (as defined hereinafter).

Section 1: Definitions

For purposes of this Lavi SLA, the following definitions shall be used:
“Business Hours” means 6:00AM - 6:00PM (PT) Monday through Friday, with the following excepted holidays: (a) New Year’s Day - January 1st; (b) Memorial Day - Last Monday in May; (c) Independence Day - July 4th; (d) Labor Day - First Monday in September; (e) Thanksgiving Day - Last Thursday in November; (f) the day following Thanksgiving - Last Friday in November; and (g) Christmas Day - December 25th.
“Commencement Date” means the Service Period commencing on the first day of operation (“go-live” date) of Lavi Services at a specific Client location.
“Downtime” means a SaaS failure, preventing the Client from performing the basic Qtrac® queuing functionalities, with no acceptable workaround.
“Lavi Final Resolution” means a permanent fix to the Error to bring Lavi Services functionality back into a resolved state.
“Lavi First Reply” means a verbal, written, or electronic response to an Initial Notice, in each case non-automatic, from Lavi to Client regarding a reported or discovered Error (as defined hereinafter) that details its Severity Level and provides a general approach for next steps.
“Lavi Periodic Update” means a verbal, written, or electronic follow-up response to an Initial Notice, in each case non-automatic, from Lavi to Client regarding a reported or discovered Error.
“Lavi Services” means the Qtrac® Electronic Queuing SaaS and software components thereof.
“Lavi Temporary Resolution” means a temporary fix or patch to the Error to bring Lavi Services functionality back to a resolved state until a Final Resolution is available.
“Service Period” means the period beginning on the Commencement Date through the end of the Term as set forth in the applicable Order Form or Statement of Work.

Section 2: Service Availability

Lavi will provide Client with access to the Lavi Services seven (7) days per week, twenty-four (24) hours per day, excluding Lavi Scheduled Downtime.

Section 3: Scheduled Downtime

Lavi shall perform periodic maintenance on the Lavi Services for purposes of system upgrades, maintenance, and backup procedures. When commercially reasonable, Lavi will perform such maintenance without disrupting access to the Lavi Services. Where access needs to be disrupted (“Lavi Scheduled Downtime”), Lavi shall: (i) where possible, perform such maintenance during low usage periods; (ii) where possible, provide reasonable advance notice to Client of the Lavi Scheduled Downtime; (iii) use commercially reasonable efforts to limit the amount of Lavi Scheduled Downtime. Lavi Scheduled Downtime shall not exceed six (6) hours per month.

Section 4: Lavi Support

Main contact information for Lavi Support are:
Toll Free Number: (888) 528 4872
Phone Number: (661) 257 7800
Lavi will use commercially reasonable efforts to provide Client with all necessary resources to support the Lavi Services. All Support services are as defined bellow:
a. Lavi’s HelpDesk Live Staff Support from 6:00am to 6:00pm (Pacific Time), from Monday to Friday. The request must be sent to Email: Qtrac-support@lavi.com (for time between 6:00am to 6:00pm), phone call to the Toll Free Number, or use the HELP chat button within the application between 6:00am to 5:00pm.
b. 24/7 On-Line Self- Assisted Support Address: http://support.qtrac.com , also known as Help Center will include web-based guide for most FAQ as well as troubleshooting instructions. This On-line support web address also provides option for the Clients to submit Support Tickets or Change Requests.
c. 24/7 System Monitoring by Lavi IT Department – the application availability or uptime will be measured and monitored to guarantee 24/7 network access and signal strength and health.
d. 24/7 Lavi Non-HelpDesk Staff that will be reachable for any urgent matters which are affecting the Service and Product.
During Non-Business Hours, the Helpdesk message center will receive Client voice or email messages and Client shall provide the following information in such messages:
  • Client contact name
  • Company, Branch Number, City, and State
  • Client contact’s Direct Extension Call Back Number:
  • Brief Description of the issue
  • Alternative Contact Name and Phone number
Messages will be responded within the first one (1) hour of the next Business Day.

Section 5: Incident Management

A. Incident Severity

Client and Lavi acknowledge and agree that there may be defects in the Lavi Services or defects in features within the Lavi Software that directly impact its performance and prevent it from performing as accepted (“each an Error”). Errors may include operation and functionality defects, security defects, viruses and bugs. When Lavi initially detects, or when Client initially reports to Lavi, an Error, (“Initial Notice”) the Error will be classified in accordance with the severity levels set forth in Table A1 below (each a “Severity Level”). Lavi may modify the classification after the Initial Response if appropriate.
Table A1 - Severity Level Guidelines
Severity Level Definition
Severity 1
Urgent
A critical problem in which the Lavi services (i) for all Customer’s end users and for the Customer’s team members are down, inoperable, inaccessible, or unavailable, (ii) otherwise materially cease operation, or (iii) Perform or fail to perform so as to prevent useful work from being done.
Severity 2
High
A critical problem in which the Lavi services (i) for the Customer’s team members, at one or more locations are down, inoperable, inaccessible, or unavailable, (ii) otherwise materially cease operation, or (iii) Perform or fail to perform so as to prevent useful work from being done.
Severity 3
Normal
A problem in which the Lavi Services and the hosting environment (i) are severely limited or major functions are performing improperly, and the situation is significantly impacting certain portions of end-user operations or productivity, or (ii) have been interrupted but recovered, and there is high risk of recurrence.
Severity 4
Low
A minor or cosmetic problem with the Lavi Services that (i) is an irritant, affects non-essential functions, or has minimal operations impact, (ii) is localized or has isolated impact, (iii) is a nuisance, (iv) results in visual errors, or (v) is otherwise not Severity 1 or Severity 2, but represents a failure of Lavi Services to conform to specifications.

B. Incident Response

If Initial Notice occurs during Business Hours, Lavi will provide Client with Lavi First Reply, Periodic Updates, and Final Resolutions within the timeframes provided in Table B1 below. If Initial Notice occurs outside Business Hours, the times will be calculated starting at 6:00am the next business day.
Table B1 – Incident Response for Initial Notices within Business Hours
Severity Level Lavi First Reply Lavi Periodic Update Lavi Final Resolution
1 - Urgent 20 minutes 30 minutes 2 Hours
2 - High 30 minutes Hourly 4 Hours
3 - Normal 1 hour 4 Hours 36 Hours
4 - Low 4 hours 2 days 5 business days

Section 6: Incident Escalation Path

Lavi will provide key personnel with different escalation levels as the primary contact points for various concerns as part of this Lavi SLA. In case the personnel assigned for the first escalation priority is not available or cannot be contacted for some reason, the Client can move up the escalation priority list. Should there be a change of key personnel by Lavi, Lavi will communicate the change to the Client promptly to ensure proper turnover.

Section 7: Client Responsibilities

a. Client-provided hardware must meet Qtrac® specifications for hardware and software compatibility, and be operational.
b. Uninterrupted network and internet access in the appropriate bandwidth.
c. Provide an assigned corporate individual to act as Client-designated single point of contact with Lavi for all matters related to the Lavi Services.
d. Provide Lavi’s personnel with full access to perform remote diagnostics and repairs.
e. Provide a specific point of contact for issue resolution with a direct phone line extension.
f. Provide any Change requests through official communication channels defined by Lavi Industries mentioned in section 4.

Section 8: Exclusions

a. This Lavi SLA does not cover hardware.
b. In the event Lavi determines a service is not warranted under this Lavi SLA, Lavi will provide the appropriate services at Lavi’s then-current time and material rates, following notice to Client.
c. Lavi is not responsible for the performance and/or availability of any of Client’s supplied hardware and/or software.
d. Lavi shall bear no liability in the event an Error, or any other Downtime occurs due to a Force Majeure.

Section 9: Availability

Lavi utilizes automated monitoring tools to detect Downtime and operational issues. However, Client must report to Lavi any Downtime and/or failure, in accordance with the procedure described in this Lavi SLA. Lavi shall bear no liability with respect to Downtime prior to any Initial Notice and Client agrees that the Response and Resolution times set forth herein are agreed upon and accepted by the Client.
Lavi warranty’s Qtrac® uptime, defined as availability of basic queuing functionalities, at 99% of the time, measured per location, on a calendar monthly basis.
Provided that Lavi does not meet its uptime warranty, Lavi will credit Client at a rate of ten percent (10%) of the Customer’s monthly SaaS billing per Client location, for every incremental one percent (1%) of Downtime, up to but not to exceed, one hundred percent (100%) of the monthly SaaS billing of the affected location(s).
Downtime calculation excludes the following:
a. Scheduled maintenance.
b. Downtime caused by Client’s failure to meet Client Responsibilities as set forth in Section 7 hereinabove or a Force Majeure.
Claim Procedure:
To receive a service credit for a particular calendar month, the Client must submit a claim to Lavi by email to the support team within thirty (30) days of the end of the month during which the Lavi Services did not meet the required standards, and include the following information:
Information supporting each claim of Downtime, including date, time, and a description of the incident and affected service, all of which must fall within the calendar month for which the Client is submitting a claim.
Client's failure to submit a claim for Downtime in accordance with the foregoing procedure shall result in Client's waiver of any such claim, or any alleged damages arising therefrom.
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