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Clearswift Service Description

Last updated: 25/05/06

Clearswift CORPORATION
Clearswift Corporation provides Services for Customers located in North and South America.

THIS SERVICE DESCRIPTION FORMS PART OF THE SERVICE PROVIDER STANDARD SUPPORT AGREEMENT AND IS INCORPORATED THEREIN BY REFERENCE. ALL TERMS OF THE SERVICE PROVIDER STANDARD SUPPORT AGREEMENT SHALL APPLY TO THIS SERVICE DESCRIPTION AND VICE VERSA. THIS SERVICE DESCRIPTION SHALL COMMENCE WHEN THE SERVICE PROVIDER STANDARD SUPPORT AGREEMENT COMMENCES AND SHALL TERMINATE WHEN THE SERVICE PROVIDER STANDARD SUPPORT AGREEMENT TERMINATES OR EXPIRES. SERVICE PROVIDER RESERVES THE RIGHT TO AMEND THIS SERVICE DESCRIPTION FROM TIME TO TIME AND THE TERMS OF SUCH AMENDED SERVICE DESCRIPTION SHALL TAKE EFFECT FROM THE DATE WHEN THE SERVICE PROVIDER STANDARD SUPPORT AGREEMENT COMMENCES OR IS RENEWED. ANY REVISIONS SHALL BE INDICATED BY A CHANGE IN THE ISSUE DATE AND THE VERSION CONTAINING THE MOST RECENT ISSUE DATE SHALL BE THE THEN CURRENT SERVICE DESCRIPTION. THE TERMS OF THIS SERVICE DESCRIPTION SHALL ONLY APPLY TO THE SUPPORT PROVIDER AS DEFINED IN THE SERVICE PROVIDER STANDARD SUPPORT AGREEMENT.

1. Incident Categories
The following table sets out the categories that will be assigned to each Incident.

2. Service Levels

2.1 Telephone Calls

2.1.1 Service Provider will endeavor to answer all telephone calls, on average, within 5 minutes. Service Provider will use all reasonable efforts to answer any telephone call within 15 minutes. For the purposes of this section average shall be the average time to answer a telephone call based on all telephone calls received by the Service Provider during the preceding 12 month period.

2.1.2 The first telephone call from a Customer regarding an Incident will be the Initial Call.

2.2 Email

Service Provider will endeavor to respond to an email enquiry regarding an Incident within 8 Working Hours.

Working Hour means a one hour during the period 9.00 to 17.00 Pacific Time Monday to Friday excluding bank holidays in the United States.

2.3 Response Times

2.4 Determination of a Hardware or Software Incident

Service Provider will determine, as soon as is reasonably possible after Service Provider has responded in accordance with clause 2.3, if the Incident is a Hardware Incident or a Software Incident.

2.5 Software Workaround Times

2.5.1 Service Provider will endeavor to provide a Software Workaround for a Category 1 Software Incident within 8 Working Hours of determining that it is a Software Incident.

2.5.2 Service Provider will endeavor to provide a Software Workaround for a Category 2 Software Incident within 12 Working Hours of determining that it is a Software Incident.

2.6 Hardware Services

2.6.1 Dell Gold

2.6.1.1 Once Service Provider has determined and confirmed that the Incident is a Hardware Incident, in the countries identified in Schedule A, Service Provider shall endeavour to ensure that an engineer attends the Customer’s nominated site within 4 hours of the Incident being determined to be a Category 1 Hardware Incident. For all other Incidents Clearswift shall use its reasonable endeavours to ensure that an engineer responds to Customer as soon as is reasonably possible. Unless Customer has Pro and Support Plus, Hardware Incidents determined and confirmed after 17.00 Pacific Time on any business day shall be deemed to be determined and confirmed the next business day.

2.6.1.2 Clearswift shall purchase the Gold support package as described in the statement of work located here.

2.6.2 Dell Silver

2.6.2.1 Once Service Provider has determined and confirmed that the Incident is a Hardware Incident, in the countries identified in Schedule A, Service Provider shall endeavour to ensure that an engineer attends the Customer’s nominated site the next business day of the Incident being determined to be a Category 1 Hardware Incident. For all other Incidents Clearswift shall use its reasonable endeavours to ensure that an engineer attends Customer’s nominated site as soon as is reasonably possible. Unless Customer has Pro and Support Plus, Hardware Incidents determined and confirmed after 17.00 Pacific Time on any business day shall be deemed to be determined and confirmed the next business day.

2.6.2.2 Clearswift shall purchase the Silver support package as described in the statement of work located here.

2.6.2.3 Unless otherwise indicated on the Support Certificate, all EN range appliances shall be supplied with Dell Silver .

2.6.3 Dell Bronze

2.6.3.1 Once Service Provider has determined and confirmed that the Incident is a Hardware Incident, in the countries identified in Schedule A, Service Provider shall endeavour to ensure that an engineer attends the Customer’s nominated site the next business day of the Incident being determined to be a Category 1 Hardware Incident. For all other Incidents Clearswift shall use its reasonable endeavours to ensure that an engineer attends Customer’s nominated site as soon as is reasonably possible. Hardware Incidents determined and confirmed after 16.00 Pacific Time on any business day shall be deemed to be determined and confirmed the next business day.

2.6.3.2 Clearswift shall purchase the Bronze support package as described in the statement of work located here.

2.6.3.3 Unless otherwise indicated on the Support Certificate, all CS range appliances shall be supplied with Dell Bronze .

2.7 Service Provider does not provide any Hardware Services in the countries indicated in Schedule B.

2.8 In the event that Customer contacts the hardware vendor directly, Service Provider cannot accept any responsibility or liability for the performance of such hardware vendor under any circumstances.

3. Service Hours

3.1 Pro and Support Standard (Std)

9.00 to 17.00 Pacific Time Monday to Friday excluding bank holidays in the United States of America.

3.2 Pro and Support Plus

3.2.1 Category 1 Incidents

For Category 1 Software and/or Hardware Incidents for Customers who have purchased Pro and Support Plus then the Service Hours are 24 hours a day, 7 days a week.

3.2.2 Non Category 1 Incidents

For Category 2, 3 and/or 4 Software and/or Hardware Incidents for Customers who have purchased Pro and Support Plus then the Service Hours are 5:30am - 5:30pm Pacific Time Monday to Friday excluding bank holidays in the United States of America.

4. Help Desk

Telephone Number: 1-425-460-6190

Email address: support@us.cleasrwift.com

Customers with Pro and Support Plus may be provided with a different number to call between 17.00 and 9.00 Pacific Time.

Schedule A

Schedule B