CHOWMATCH SERVICE LEVEL AGREEMENT

1. Services Generally. Subject to the terms of this Service Level Agreement, ChowMatch shall use reasonable efforts to make ChowMatch Programs available to Customer at all times, and will provide the support services described within the Agreement (“Support Services”).

2. Support Service Description. ChowMatch will provide Level 2 Support Services in accordance with the following:

· Email support to support@chowmatch.com between 8 a.m. and 5 p.m. (Customer Time Zone).

Response Time:

ChowMatch will respond to Priority 1 issues within 1 business day (End of next business day).
ChowMatch will respond to Priority 2 issues within 2 business days.

(“Response” to an issue means acknowledging the Priority 1 or 2 issue to Customer.) Resolution Time:

ChowMatch will use commercially reasonable efforts to resolve Priority 1 and Priority 2 issues as quickly as reasonably possible.

Priority Definitions:

“Priority 1” issue means an issue that results in a complete or substantial inability to use the ChowMatch Programs for the intended purpose.
“Priority 2” issue means an issue that results in materially reduced functionality of the Hing Programs, but does not constitute a Priority 1 issue.

3. Updates. ChowMatch shall deliver updates to the ChowMatch Program that apply to Customer’s currently subscribed edition at no additional charge. From time to time, new components or features may be released that are applied selectively to different editions of the ChowMatch Program. Only those updates that apply to Customer’s currently subscribed edition will be delivered automatically to Customer at no additional charge.

4. Error Correction. ChowMatch shall use commercially reasonable efforts to correct all errors or to provide a reasonable workaround as soon as possible; provided that error correction activities may be limited outside of the Support Service hours specified in item 2 above. Customer shall provide such access, information, and support as ChowMatch may reasonably require in the process of resolving any error.

5. Support Exclusions. ChowMatch is not obligated to correct any errors or provide any other support to the extent such errors or need for support was created by:

(i) the acts, omissions, negligence or willful misconduct of Customer, including any unauthorized modifications to the ChowMatch Programs or its operating environment;

(ii) any failure or defect of Customer’s or a third party’s equipment, software, facilities, third party applications, or internet connectivity (or other causes outside of ChowMatch’s firewall);

(iii) Customer’s use of the ChowMatch Programs other than in accordance with the Program Documentation; or

(iv) a force majeure event.

6. Additional Support Fees. ChowMatch has the right to bill Customer at its standard services rates for any additional support not already required under this Agreement that have been quoted by ChowMatch and pre approved in writing (including in an email) by Customer.

7. End-Users. The customer is responsible for handling emails and/or phone calls from end-users, logging & tracking issues, and communicating with Level 2 support.

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