Service Level Agreement

This Service Level Agreement (the "SLA") governs the use of all products and services (collectively, the "Services") offered by LEXCOM, and their affiliates and subsidiaries to its clients ("Client").

Hosting Services
Service Commitment. Lexcom is committed to providing services to its Clients at a standard of excellence commensurate with the best practice in the industry. Quality control, Security and Availability are of the highest importance. The following service levels are designed to assure Clients of ultimate performance and maximal uptime.

Server Hardware Replacement. Lexcom guarantees that as part of our hosting service (Lexcom owned equipment) all hardware, including servers, CPU's, cabling and associated server hardware, firewalls, load balancers, and storage area networks, and will replace any failed component at no cost to Client within twenty-four hours following Lexcom's receipt of Client's trouble ticket concerning the hardware issue and Lexcom's identification of the failed hardware (the "Replacement Guarantee"). "Hardware" means the Processor(s), RAM, hard disk(s), motherboard, NIC card and other related hardware listed in the Service. The Replacement Guarantee does not include the time required to rebuild a RAID array or the reload of the operating systems and applications or changes to hardware during Maintenance, as defined below.

Network Uptime. Lexcom guarantees that the Lexcom network will be available 99.5% of the time, excluding Maintenance, as defined below. Client is eligible for a credit for Network Downtime for any breach of this guarantee, which can be verified by Lexcom's technical support team. "Network Downtime" is defined as an inability to transmit and receive data caused by failure of network equipment managed and owned by Lexcom, excluding Maintenance, but including managed switches, routers, and cabling.

Maintenance. "Maintenance" means Scheduled Maintenance or Emergency Maintenance. "Scheduled Maintenance" means any maintenance in the Lexcom's Managed Hosting environment, or Customer Managed Environment. Lexcom will establish a routine  maintenance windows outside of Customers regular business hours, or notify of any maintenance activities causing outages at least 1 days in advance. "Emergency Maintenance" means any maintenance in the Lexcom datacenter that: (a) in Lexcom's sole discretion, is necessary to avoid an immediate threat to the Lexcom datacenter or Client's server and (b) of which Client is notified.

Datacenter Specifications. Lexcom utilizes 3rd party datacenter services located within Canada and the United States of America. The datacenter services will be SAS70/CICA 5970 Compliant. Lexcom will maintain on-site power generators and uninterruptible power systems (UPS) to deliver redundant power if a critical incident occurs. Lexcom (or a Lexcom partner) will regularly test the datacenter infrastructure to perform as designed in the event of an emergency.

Custom Configurations. Lexcom agrees to provide customization of the Hosting Service environment, where all reasonable requests will be permitted, as long as they do not impact the ability for Lexcom to service other Clients, present a security risk to Lexcom (or Lexcom's clients).

Monitoring of Physical and Virtual Servers. By default, Lexcom monitors service availability at the operating system level in an up/down status. Our default polling interval will be 5 minutes. For more advanced monitoring, you may subscribe to an advanced service level where we monitor application and security events. Unless a management agreement is in place, Lexcom will notify you of any remediation activities that will be provided at an additional cost.

Management of Physical and Virtual Servers. By default, excluding Hardware Replacement, you will be responsible for all server and application maintenance activities. For clients that do not want this responsibility, Lexcom offers multiple IT Service Management agreements for performing maintenance activities specific to your needs.

Application Hosting Services
Service Availability. Lexcom will guarantee that services will be available at a service level of 99.5% availability by default. Higher service levels for availability are available at an increased rate.

Recovery Time Objectives (RTO). Lexcom's recovery time objective for performing a restore is to begin an application restore within 1 hour of receiving a recovery request. Expected Recovery Performance are outlined below in the Backup and Disaster Recovery section under "Expected Recovery Times".

Recovery Point Objectives (RPO). By default, Lexcom performs a server snapshot every 24 hours. Clients requiring a reduced RPO may request a more frequent snapshot (up to 15 minutes intervals) for an additional fee.

Confirmation of SLA Change. If you require a change to our default service levels, you will be provided documentation confirming this. We understand the potential impact that this could have on your business operations. If you DID NOT receive documentation, please contact your account manager to obtain the appropriate documentation and confirmation.

Managed IT Services
Service Desk. Lexcom's Service Desk will be available during Regular Business Hours, Monday-Friday; from 8AM to 5PM CST excluding statutory holidays. Lexcom will provide twenty-four (24) hours per day on call support for clients that require it. You agree to contact the Lexcom Service Desk for all Incident and Service Requests related to the service. Unless otherwise agreed, you agree to a minimum service charge of two (2) hours for any troubleshooting that is initiated outside of regular business hours.

Reactive Service Management. For Clients with a Reactive Service Agreement, Lexcom will provide reactive incident response services during Regular Business Hours, Monday-Friday; from 8AM to 5PM CST excluding statutory holidays. During business hours, our typical response time will be to acknowledge receipt of your request within 15 minutes of receiving it. Once we have acknowledged your request we will classify the request and work with you to schedule an appropriate response.

Proactive Service Management. For Clients with a Proactive Service Agreement, Lexcom will provide proactive management of services with defined tasks to be performed on a daily, weekly, monthly, quarterly, semi-annual and annual (the "Operational Work Program"). Routine Operating System and Application maintenance will occur outside of business hours for all scheduled maintenance unless a device is online in which it will provide notification. Customer agrees to provide and maintain the communication list for service notifications, outline a regular maintenance window and notify Lexcom of any changes in business conditions that will change the maintenance window. In the event of a major incident, Lexcom will follow a major incident response process. Upon signing a non-disclosure agreement, Clients may request a copy of our major incident response process.

Approvals for Changes and Corrective Actions Outside of The Operational Work Program. As soon as practicable, and prior to taking action to correct any deficiency, Lexcom will provide Client with a written explanation of any problem, estimated costs to resolve the problem, anticipated response times. Upon Clients written approval, Lexcom may then perform such work to correct the deficiency at Client's expense without liability for any interruptions to the Service. LEXCOM WILL NOT BE LIABLE FOR ANY SERVICE IMPACTING ISSUES THAT ARE A RESULT OF CLIENT INACTIVITY TO RESPOND TO A PENDING EVENT.

Backup and Disaster Recovery
Backup by Default. Lexcom believes that protecting your information is both important to you and us. To protect the integrity of your information and our reputation, should you choose to NOT subscribe to a backup and disaster recovery plan, Lexcom may still, but is not required to conduct backups at our own expense. Unless another arrangement is made, Clients requiring a recovery from a Lexcom backup will be responsible for the total cost of the backup service from the initial subscription date to the month of the recovery to a maximum of $15,000.

Data Retention and Disk Storage. By default, when you subscribe to our Backup and Recovery services we will establish a formal data retention policy for each device being managed under the service subscription. Lexcom recommends a minimum of 30 days be maintained offsite. Lexcom's policy is to adhere to the defined data retention policy at all times. At times, it is possible that the amount of storage required to maintain the data retention policy will exceeds the subscribed amount of capacity. In these situations, you agree to pay for any additional storage capacity required to maintain the policy, adjust your retention policy or negotiate an increased commitment level at a reduced rate. Example: If you have a 100GB Commitment level at $1 per GB and are using 150GB you will pay $100 for your base commitment and $50 for additional capacity. If you have 1000GB commitment at $.50 per GB and are using 1150GB you will pay $500 plus $75 for the additional capacity.

Expected Recovery Times. Recovery times are based on the amount of data to be restored. On average our restoration process can conduct recoveries at a rate of 20MB to 40MB per second. Lexcom FastRPO, offers a reduced recovery time as an option for all backup and recovery clients. FastRPO requires an additional software license and storage commitment for maintaining the backup in an expanded format.