Service Level Agreement

A Better App^SM guarantees 99.9% Server availability. This guaranty is calculated on a monthly basis, and applies 24 hours per day, 365 days a year, except as noted below.

Server Availability is defined as the ability of a user on your account to access and retrieve information from their hosted desktop or application, provided that your hosting account is active and enabled. Rarely, the system may be functioning in some areas and not functioning in others. This time of diminished functioning is not considered downtime and is excluded from the calculations.

The following conditions are specifically excluded from the calculation of system availability:

• A problem with Subscriber's network, Internet connection, or a private network connection to the Service, which prevents Subscriber's users from reaching their hosted desktops or applications.
• A problem connecting to the service due to any action on the part of Subscriber or its users that triggers a security response (e.g., port scanning on A Better App^SM systems triggers a shut-down of the ports used by Subscriber).
• Scheduled maintenance. A Better App^SM will provide three (3) days of notice prior to maintenance periods.
• Installation of urgent "hot fixes" from Microsoft will be scheduled as quickly as possible after testing, with notification sent to client; the three day notification above is waived for urgent hot fixes. A Better App^SM also reserves a one (1) hour window on weekends, from 12:01 AM (Sunday) to 1:00 AM Sunday (GMT -5), during which the servers may be offline for urgent fixes; usage of this maintenance window is excluded from downtime calculations.
• Software "bugs" or problems within Microsoft products that create service interruptions. Bugs must be acknowledged by Microsoft respectively to be excluded from calculations.
• Problems connecting to the Service due to the addition of 3rd party (i.e., non-Microsoft) software installed on a user's PC or network, e.g., plug-ins and add-ons.
• A Better App^SM reserves the right to move desktops within the Service among the different servers used to provide the Service to Subscriber. A Better App^SM makes no guarantee of notification to users for these moves, which normally will not affect users whose software is installed and configured correctly. Incorrect configuration of the user's software that results in the inability to connect to the Service is not considered downtime, and is excluded from the calculation of system availability.

A Better App^SM calculates uptime as a percentage of the time during a month (30 days X 24 hours X 60 minutes) that the system is available, excluding the conditions above.

Penalty for Non-compliance

For subscribers within a single organization for each month in which the Server Availability is below an average of 99.9% as calculated above, A Better App^SM will reduce the amounts due and payable to it relating to such application service by 5%. For every additional 1% loss of Server Availability below 99.9% average availability during the same calendar month, A Better App^SM will further reduce the amounts due and payable to it relating to such application service by another 5% of the original price charged to Subscriber. The maximum credit for downtime will be 25%.

Note: Because of the architecture that A Better App^SM has created to provide the Service, users within Subscriber may be spread across separate and distinct servers. In the case where one server suffers downtime exceeding the service level guarantees, Subscriber will be compensated only for those users with accounts on the non-complying server.