Hosting Service Level Agreement

HOSTING SERVICE LEVEL AGREEMENT

Revised Effective as of January 1, 2024

HOSTED SERVER AVAILABILITY

If Hosted Services* are included, DAS warrants the Service will be generally available 99.99% of the time, except as provided below. General availability will be calculated per calendar month, as follows:

[( total - nonexcluded - excluded / total - excluded ) * 100 ] = 99.99%

Where:

Total means the total number of minutes for the month
Nonexcluded means downtime that is not excluded
Excluded means the following:

Any planned downtime for which DAS gives advance written (email) notice. DAS will use reasonable commercial efforts to schedule any planned downtime during times in which it would be reasonably expected to result in minimal business disruption.
Any period of unavailability lasting less than 4 minutes.
Any failure by Client to have its local equipment or Internet Service Provider (ISP) meet minimum specifications, or which failure cannot be replicated outside of Client’s environment; and
Any unavailability caused by circumstances beyond DAS’ reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems, computer, telecommunications, ISP or hosting facility failures or delays involving hardware, software or power systems not within DAS’ possession or reasonable control, and network intrusions or denial of service attacks.

For any partial calendar month during which Client subscribes to the Service, general availability will be calculated based on the entire calendar month, not just the portion for which Client subscribed. In addition, unavailability of some specific features or functions within the Service, while others remain available, will not constitute unavailability of the Service, so long as the unavailable features or functions are not, in the aggregate, material to the Service as a whole.

PENALTIES

In the event DAS hosted services are not generally available 99.99% of the time, Client will be eligible to receive a Service Credit equal to one day of fees (i.e. 1/30th of the MSC as provided in the Client Order Form) for each full percentage point or fraction thereof below 99.99%. Any such credit shall be applied to Client’s next invoice (or refunded if there are no forthcoming invoices). Service credits are capped at the total monthly fee of the service.

The penalties specified in this "Penalties" section shall be the sole remedies available to Client for DAS’s breach of this SLA.

REPORTING AND CLAIMS

To file a claim under this SLA, Client must send an email to SLA@DAShealth.com with the following details:

Billing information, including company name, billing address, billing contact and billing contact phone number
Downtime information with dates and time periods for each instance of downtime during the relevant period
An explanation of the claim made under this SLA, including any relevant calculations.

Claims may only be made on a calendar month basis and must be submitted within 10 days after the end of the relevant month, except for periods at the end of a subscription agreement that do not coincide with a calendar month, in which case Client must make any claim within 10 days after the end of its subscription agreement. All claims will be verified against DAS's system records. Should any periods of downtime submitted by Client be disputed, DAS will provide to Client a record of Service availability for the period in question. DAS will only provide records of system availability in response to good faith Client claims.

GENERAL

Any obligations of DAS under this SLA shall become null and void upon any breach by Client of the DAS Standard Incorporated Terms and Conditions, including any failure by Client to meet payment obligations to DAS.

CLIENT SUPPORT

General Client Support is available between the hours of 8:00 am and 8:00 pm EST Monday through Friday, except for Company recognized holidays, which include New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, and the Friday after, and Christmas Day. In the event that a Holiday falls on a Saturday, the preceding Friday will be recognized as the Holiday, and in the event it falls on a Sunday, then the subsequent Monday will be recognized as the Holiday.

Hosting Support SLA is as follows:

Hosting Support SLA
Level	Description	First Response Time	Resolution Time
Priority 1 Total System Outage	P1 Incidents are defined as a total system outage resulting in the inability to access systems. Company Wide Hosted Infrastructure Outage Company Wide Hosted Network Outage Hosted Line of Business Application Outage Critical Job Function Outage	15 mins- Client will need to notify DAS Health support desk to report a P1 by phone to log the ticket.	DAS to present a Plan of Resolution within 4 hours from P1 issue being reported and assigned a DAS Resource.
Priority 2 Department or Localized Outage	P2 Incidents are defined as a significant outage covering multiple users, team, department, or locations resulting in the inability to access systems. Department or Localized Wide Hosted File-Share Outage Department or Localized Hosted Network Outage Hosted Department Line of Business Application Outage Business User unable to perform their daily functions and a temporary solution is not available.	30 Mins- Client will need to notify DAS Health support desk to report a P2 by phone to log the ticket.	DAS to present a Plan of Resolution within 8 hours from P2 issue being reported and assigned a DAS Resource.
Priority 3 Business User Down	Business User Issues, but still able to perform daily activities with a temporary solution. Affected by Peripherals Server Networking Application Issues Login Issues	1 Hour- Client will need to notify DAS Health support desk to report a P3 by phone or email to log the ticket.	DAS will provide meaningful updates to the P3 status, troubleshooting efforts every 2 business days until resolution.
Priority 4 Enhancement / Project Related Request	Enhancement requests	Within 24 hours (excluding holidays and weekends) from request being received. Client will need to notify DAS Health support desk to report a P4 by phone or email to log the ticket.	DAS will provide meaningful updates for P4 status as outlined in the SOW, Project Plan, or enhancement development plan.

First Response Time is the time to first contact the client from the first time that DAS is notified either by phone call to the Support Line (813-774-9800 x5) or an email is received by CloudSupport@DAShealth.com. Although every attempt to resolve the issue will be made on the initial call, there may be more information that needs to be gathered and analysis that is required. There is no guarantee that the issue will be resolved in that timeframe, or at all, but that reasonable commercial efforts will be expended until the issue is resolved to the Client’s reasonable satisfaction. Please see the DAS Standard Incorporated Terms and Conditions for specific product warranties.

Emergency Client Support is available after hours 24/7/365 for issues rendering critical business core functions inoperable. Emergency Client Support issues should only be reported via the Support Line (813-774-9800 x5). Every reasonable effort will be made to respond within 15 minutes and resolve the issues as soon as reasonably possible thereafter.

*For purposes of this SLA, DAS Hosting support does not cover public cloud services, such as Microsoft Azure, Amazon Web Services, etc.”