SchoolDrive Service Level Agreement

1. Service Level Provided by SchoolDrive. The Service Provider makes every economically reasonable effort to make the SchoolDrive web interface operational and available to Customers for 99% of the Operating Time within each calendar month. If Customer experiences any of the service performance problems defined below due to the Service Provider's inability to provide the Service, Customer will be entitled to the Service Credit described below ("Service Level Provided by SchoolDrive").
2. Definitions. Terms related to the service level provided by SchoolDrive are used in the following sense:

   "Downtime" - a condition where the user error rate is more than five percent. Downtime is measured by the server-side error rate.

   "Permanent Downtime" - downtime for more than ten consecutive minutes. Intermittent downtime lasting less than ten minutes does not count as Permanent downtime.

   "Monthly Operating Rate" - the result of the following formula: the number of minutes of the calendar month - the duration of permanent outages of the calendar month in minutes / the number of minutes of the calendar month.

   "Scheduled Downtime" - the periods when the Service Provider informs the Customers about the expected downtime five days before the start of the downtime. A Scheduled Downtime of up to twelve hours per calendar year may occur. In terms of the service level undertaken by SchoolDrive, the Scheduled Downtime does not qualify as a downtime and does not count as a Permanent Downtime.

   "Night Maintenance" - a downtime when the Service Provider performs maintenance on the Service between 0:00 and 4:00 CET at night and about which the Service Provider is not obliged to inform the Customer in advance. In terms of the service level provided by SchoolDrive, Night Maintenance does not qualify as downtime and does not count in the Permanent Downtime.

   "Service" - the SchoolDrive service provided by the Service Provider under the Agreement.

   "Service Credit" - (a) a three-day Service that extends the duration of the Service free of charge if the Monthly Operating Rate is between 98.0% and 99.0% in any calendar month; or (b) a seven-day Service to extend the duration of the Service free of charge if the Monthly Operating Rate is between 95.0% and 98.0% in any calendar month; or (c) a fifteen-day Service to extend the duration of the Service free of charge if the Monthly Operating Rate falls below 95.0% in any calendar month.

3. Customer's Responsibility to Apply for Service Credit. Customer may only receive any of the Service Credits set forth above if it notifies the Service Provider within thirty (30) days of Customer's entitlement to the Service Credit. If Customer fails to comply with this requirement, they will lose their right to a credit for the Service.
4. Maximum Service Credit. The Service credit granted by the Service Provider for Permanent downtime within one month may not exceed 15 days added the end of the duration of the Service. The Service Credit cannot be converted to a financial compensation.
5. Items not Part of the Service Level Provided by SchoolDrive. The service level provided by SchoolDrive does not apply to performance issues caused by: (i) factors beyond the Service Provider's control; (ii) arising out of the acts or omissions of Customer or any third party; and (iii) caused by Customer's equipment and / or third party equipment (which is not under the primary control of the Service Provider). If Customer exercises its rights under the service levels provided by SchoolDrive, this SchoolDrive Service Level Agreement is Customer's sole and exclusive remedy in the event that Service Provider is unable to provide the Service.