Definitions

• "Availability" is defined as the percentage of Available Time in which the QQ Catalyst Service is fully available to the Customer.
• "Available Time" is defined as the number of minutes in the Service Year less the number of minutes of Maintenance Downtime.
• "Business Days" shall mean Monday through Friday, excluding all holidays.
• "Customer" shall mean a subscriber to the QQ Catalyst Service, provided their account is in good standing.
• "Customer Actions" shall mean (i) the act or omission of the Customer or any other end-user; (ii) actions related to the Customer's equipment, facilities or applications; (iii) failure of the Customer's equipment, network, email servers, computers, or software; (iv) failure caused by the Customer's email delivery system or website, including network outages; and (v) a Customer's circumvention or other interference with the security precautions of QQ Solutions.
• "QQ Catalyst Service" shall mean the QQ Catalyst® Web-based agency management system application, along with the storage and maintenance of, and access to, Customer's data managed by the QQ Catalyst Web application, all of which are hosted for QQ Solutions by the Microsoft® Windows Azure® cloud computing platform, and excludes all Customer and third-party provided hardware, systems, networks, software and peripherals.
• "Emergency Maintenance" shall mean maintenance activities that, in the sole discretion of QQ Solutions, require immediate action or attention and may not be postponed, as would be the case with planned maintenance. QQ Solutions will endeavor to provide customers as much notice of Emergency Maintenance as is commercially reasonable.
• "Force Majeure" shall mean a delay arising from or as a result of strike, lockout or labor difficulty; explosion, sabotage, accident, riot or civil commotion; act of war; fire or other catastrophe; or any cause beyond the reasonable control of QQ Solutions.
• "Maintenance Downtime" shall mean any time during the Service Year when the QQ Catalyst Service is unavailable because of planned maintenance or Emergency Maintenance. Planned maintenance will be scheduled to take place at times that are not during Regular Business Hours.
• "Regular Business Hours" shall mean Business Days from 8:30am to 7:00pm Eastern Time.
• "Service Credit" shall mean a credit applied to the Customer's account.
• "Service Report" shall mean the notification by Customer to QQ Solutions that Customer believes the QQ Catalyst Service to be unavailable.
• "Service Term" for Customer shall mean the term of service as specified in the TOS Agreement.
• "Service Year" for Customer shall mean any contiguous 12-month period during which Customer was a subscriber to the QQ Catalyst Service.
• "Soft Outage" shall mean a brief period of time when the QQ Catalyst Service is available to some customers but not to others due to the inherent design of the Internet. During a major outage of a carrier, Internet traffic may be rerouted through other carriers to keep data flowing. During this process known as Convergence, the normal flow of data is slowed down causing latency in network traffic. Time sensitive applications such as our image upload process may be impacted by this high latency and may cause the process to fail. This Convergence process is usually short-lived and is not considered to be an unavailability of the QQ Catalyst Service.

QQ Catalyst Service Overview

The QQ Catalyst Service consists of the QQ Catalyst Web-based agency management system application, along with the storage and maintenance of, and access to the Customer's data managed by the QQ Catalyst application, all of which are hosted for QQ Solutions by the Microsoft Windows Azure cloud computing platform.

QQ Solutions allocates computing resources, data storage space and network bandwidth to the Customer according to the specific QQ Catalyst subscription plan purchased by the Customer.

The QQ Catalyst Service also includes technical support via the QQ Solutions website at:
QQSolutions.com/support and by phone: 1.877.809.2509.

Service Commitment and Service Credits

QQ Solutions will use commercially reasonable efforts to provide QQ Catalyst Service Availability of at least 99.5% during the Service Year.

If, during the Service Year, QQ Solutions fails to meet the above level of QQ Catalyst Service Availability, customer may request a Service Credit based on the actual Availability realized during the Service Year, as per the following schedule:

Actual Availability
< 99.5% — ≥ 98.5%
< 98.5% — ≥ 95.0%
< 95.0%

Weeks of Service Credited to Customer
1
2
4 (maximum credit)

Service Credits constitute the sole and exclusive remedy relating to the QQ Catalyst Service.

Requesting a Service Credit

Any Customer who believes they are entitled to a Service Credit based upon the performance standards set forth in this SLA must request it by notifying QQ Solutions' Product Support Department within two Business Days of the event giving rise to the request. The notice must be sent by email to QQ Solutions at: QQSupport@QQSolutions.com, and must include sufficient information to allow the claim to be investigated, including, without limitation, as applicable, the Service Report number, the nature of the request, the date and time such request was made to QQ Solutions, and the manner such request was made. If the Customer does not comply with the foregoing, the Customer will not be entitled to any Service Credit under this SLA or to any other remedy from QQ Solutions.

Data Backup & Recovery Policy

QQ Solutions backs up all its QQ Catalyst Customer data on a daily, weekly and monthly rotation schedule. Backup media are rotated every four months. Therefore, copies of Customer data can be provided from certain points in time within four months of the date of request.

Only the person currently named as the Customer's primary contact, as indicated by QQ Solutions' records, may request a backup of the Customer's data. Backup requests from any person other than the Customer's primary contact will not be fulfilled and QQ Solutions will inform Customer's primary contact of any such request.

Upon the primary contact's written request, QQ Solutions will provide the Customer with a copy of their data, which may be downloaded from the QQ Solutions' website via FTP. The Customer may request one backup in any twelve-month period at no charge. The Customer may request additional backups within the twelve-month period, which shall be charged to the Customer based on QQ Solutions' current fee schedule. With the exception of image files, QQ Solutions provides copies of Customer data in the native format used by the QQ Catalyst Service (i.e., Microsoft SQL Server).

QQ Solutions provides backups of Customer document files in their original format, as uploaded to the QQ Catalyst Service by the Customer. Other than removing any data encryption that may be added by the QQ Catalyst Service, no other formats or modifications will be made by QQ Solutions.

QQ Solutions will fulfill all requests for a copy of Customer data within 30 days of the request.

If the Customer cancels the QQ Catalyst Service, pursuant to the TOS Agreement, any request for a backup copy of the Customer's data must be made in writing within 30 days of cancellation.

Upon the written request of the Customer via e-mail to csdatabackup@QQSolutions.com, QQ Solutions will use its best efforts to provide the Customer with a point-in-time recovery of the Customer's data. The customer may be charged for such requests based on QQ Solutions' current fee schedule. The recovery of Customer data is limited to certain points in time within four months of the date of request. Therefore, recovery of Customer data corresponding to specific days and times may not be possible in every case.

Changes Affecting the QQ Catalyst Service

QQ Solutions reserves the right to change its QQ Catalyst Service from time to time. QQ Solutions will endeavor to notify Customers at least two days before any service change. If, however, a shorter notification period is necessary in QQ Solutions' reasonable judgment, then any such service changes may nevertheless be made with such prior notification to customers as is practical and reasonable under the circumstances. QQ Solutions will attempt to minimize any service unavailability that may be required or caused by a service change, but if an outage is required, the outage will be considered Maintenance Downtime.

Customer's Obligations

The Customer is responsible for not allowing any circumvention or other interference with all reasonable security precautions relating to the QQ Catalyst Service.

Reporting a QQ Catalyst Service Unavailability

In the unlikely event a customer experiences a QQ Catalyst Service unavailability, and the customer believes that the cause is not related to its own network or Internet service provider, then the Customer must file a Service Report with QQ Solutions in order to notify QQ Solutions of the QQ Catalyst Service unavailability. The Service Report can be filed with QQ Solutions by email to: QQSupport@QQSolutions.com or by telephone to: 1.877.809.2509.

Upon receiving a Service Report, QQ Solutions will work with the Customer to resolve the issue as quickly as possible.

Contacting QQ Solutions

For support related to the QQ Catalyst Service or to open a Service Report, Customers should contact the QQ Solutions Product Support Department during Regular Business Hours by visiting: QQSolutions.com/support or by phone to 1.877.809.2509. Additional contact information may be found at: QQSolutions.com.