Last updated on July 31 2023

Definitions:

“Breadstack” means Breadstack Technologies Inc.

"Advesa" means Advesa Digital Solutions Inc.

“Scheduled Downtime” means the total amount of time during any calendar month, measured in minutes, during which the Customer is unable to access the features and functions of the system due to planned system maintenance performed by Breadstack as set forth below.

“Solution” means the cloud-based CRM software platform owned by Breadstack and further described as the Cloud Services in the Breadstack Master Services Agreement.

“Customer” means a subscribed user of the Solution.

“System Uptime” means the total amount of time during any calendar month (24 hours a day, 7 days a week), measured in minutes, during which Customers are not impacted by issues that Breadstack categorizes as "Emergency". Any issues that are categorized as "Emergency" would be counted as Unscheduled Downtime and would be deducted from the total monthly uptime.

“Target Response Time” means the time elapsing from receipt of the request to Breadstack initiating action to resolve the issue. The time to arrive to a solution may be longer. The Customer will be informed of the status of their request within the response times listed below.

“Unscheduled Downtime” means the total amount of time during any calendar month, measured in minutes, during which time the Customer is impacted by issues that Breadstack categorizes as "Emergency".

“Working Hours” means a time within the Standard Support Hours: from Monday to Friday, 9:00 AM PST (12:00 PM EST) to 5:00 PM PST (8:00 PM EST)¹.

Service Levels:

Breadstack will respond to error correction requests according to the urgency of the request as specified below:

Category can be selected by the Designated Support Contact upon posting the request. Category may be changed by Breadstack’s personnel if a request is not in accordance with specification in the above table.

Error reports should be accompanied by a detailed description of events immediately preceding the occurrence of the error, and should, if possible, attach a copy of the error message. Error correction shall be limited to errors occurring in the course of normal use of the Solution. Error correction may be done by means of temporary measures (“patching”). Breadstack is not responsible for errors or malfunctions in the Solution caused in whole or in significant part by (a) Customer’s or its employees’ negligence; and (b) accidents and other events for which Breadstack is not directly responsible.

Subject to the terms of the Customer agreement with Breadstack, Breadstack guarantees the system will have a minimum 98% System Uptime, excluding Scheduled Downtime and including any Unscheduled Downtime.

In the event System Uptime is less than 98% during any calendar month during the Term of this Agreement and, within 10 days of the end of such calendar month, Customer has notified Breadstack of the same and requested a credit in accordance with the provisions herein, Customer may be entitled to credits against its subsequent payment obligations or a refund equal to a percent of the subscription fees paid by Customer to Breadstack during such calendar month, according to the following table.

¹Technical Support may not be available on statutory holidays