Platform Service Level Arrangements Policy

1. Interpretation

This Platform Service Level Arrangements Policy forms part of the SaaS Services Agreement between either Benchmark Global Pty Ltd or Benchmark Estimating Limited (herein referred to as Benchmark Estimating Software) or Benchmark Estimating Software Ltd. and the Client, referred to therein (“SaaS Services Agreement“). Terms used in this Platform Service Level Arrangements Policy shall have the meanings given to them in the SaaS Services Agreement, unless otherwise defined in this Platform Service Level Arrangements Policy.

2. Service Levels for response times

Commercially Reasonable Efforts means the same degree of priority and diligence with which Benchmark Estimating Software meets the support needs of its other similar customers.

Fault: any failure of the Software, Platform or SaaS Services to operate in all material respects in accordance with the SaaS Services Specification and Documentation.

Solution: either of the following outcomes:

(a) correction of a Fault; or

(b) provision of a workaround in relation to a Fault including a reversal of any changes to the Software, Platform or SaaS Services if deemed appropriate by Benchmark Estimating Software.

Support Request is defined in the Support Services Policy.

2.1 Benchmark Estimating Software shall use Commercially Reasonable Efforts to:

(a) prioritise all Support Requests based on its reasonable assessment of the severity level of the problem reported; and

(b) respond to all Support Requests in accordance with the response times specified in the table set out below:

Fault severity level Service Level Response Time
Business Critical Failures (severity level 1):

An error in, or failure of, the SaaS Services that disables major functions of the SaaS Services from being performed.

Level 1 Response:

Acknowledgement of receipt of a Support Request within 1 hour.

Level 2 Response:

Benchmark Estimating Software shall: a) restore the SaaS Services to a state that allows the Client to continue to use all functions of the SaaS Services in all material respects within 24 hours after the Level 1 Response time has elapsed; and b) exercise Commercially Reasonable Efforts until full restoration of function is provided.

Level 3 Response:

Benchmark Estimating Software shall work on the problem continuously and implement a Solution within 48 hours of receipt of the Support Request. If Benchmark Estimating Software delivers a Solution by way of a workaround, the severity level assessment shall reduce to severity level 2 or lower.

System Defect with Workaround (severity level 2):

a) a critical error in the SaaS Services for which a workaround exists; or
b) a non-critical error in the SaaS Services that affects the operations of the Client’s business or marketability of its service or product.

Level 1 Response:

Acknowledgement of receipt of a Support Request within 4 hours.

Level 2 Response:

Benchmark Estimating Software shall, within 7 Business Days after the Level 1 Response time has elapsed, provide an emergency fix or workaround which allows the Client to continue to use the majority of all functions of the SaaS Services in all material respects.

Level 3 Response:

Benchmark Estimating Software shall provide a permanent Fault correction as soon as practicable and no later than 20 Business Days after Benchmark Estimating Software’s receipt of the Support Request.

Minor Error (severity level 3):

An isolated or minor error in the SaaS Services that:

a) does not significantly affect SaaS Services functionality;
b) may disable only non-essential functions; or
c) does not materially impact the Client’s business performance.

Level 1 Response:

Acknowledgement of receipt of the Support Request within 48 hours.

Level 2 Response:

Benchmark Estimating Software shall provide a permanent Fault correction within 60 Business Days after the Level 1 Response time has elapsed.

2.2 Benchmark Estimating Software shall give the Client regular updates of the nature and status of its efforts to correct any Fault.

2.3 Any breach of the Service Levels in any BES Policies shall not constitute a breach of the SaaS Services Agreement by Benchmark Estimating Software.

3. Availability

Benchmark Estimating Software shall use reasonable endeavours to make the SaaS Services available, as measured over the course of each calendar month during the Contract Term (each such calendar month, a “Service Period“), at least 99.5% of the time, excluding only the time the SaaS Services are not Available solely as a result of one or more Exceptions (the “Availability Requirement”). “Available” means the SaaS Services are accessible in material conformity with the SaaS Services Specification. “Availability” has a corresponding meaning. The SaaS Services are not considered Available in the event of material performance degradation or inoperability of the SaaS Services, that renders the SaaS Services inaccessible.

3.1 No period of SaaS Service degradation or inoperability will be included in calculating Availability to the extent that such downtime or degradation is due to any of the following (“Exceptions”):

(a) misuse of the SaaS Services or failure of the Client’s or any Named Users’ computer equipment, software, hardware or internet connectivity;

(b) internet or other network traffic problems or any Force Majeure Event;

(c) the Client’s or any Named Users’ failure to meet any minimum network hardware or software requirements specified by Benchmark Estimating Software from time to time; and/or

(d) Scheduled Downtime as set out in paragraph 2.2 below or emergency maintenance of the Hosting Services carried out by any upstream telecommunications, hosting and/or data centre service providers of Benchmark Estimating Software or their subcontractors.

3.2 Benchmark Estimating Software may schedule outages of the Hosting Services from time to time in whole or in part (“Scheduled Downtime”). All such scheduled outages shall be scheduled between the hours of midnight and 4 a.m., Monday to Thursday (Australian Eastern Daylight Time) and between Friday midnight and Sunday 11 pm (Australian Eastern Daylight Time), except for Clients with their own Private Cloud where scheduled outages shall be scheduled at suitable times as agreed with the Client or defined in the SaaS Services Agreement. Upstream telecommunications, hosting and data centre service providers may schedule their own maintenance windows and the Platform may also be unavailable during such times, all of which shall be deemed to constitute Scheduled Downtime as well.

3.3 If the actual Availability of the SaaS Services is less than the Availability Requirement for any Service Period, such failure shall constitute a “Service Error”, for which Benchmark Estimating Software shall make available to the Client the corresponding service credits (Service Availability Credits) as follows (except where the failure is caused by any Exceptions):

Actual Availability Service Level
Service Availability Credits
99.5% or higher

Nil
90%-99.4%

5% of the Fees payable for the Service Period (pro-rated having regard to the duration of the Service Period, as applicable).
Less than 90%
15% of the Fees payable for the Service Period (pro-rated having regard to the duration of the Service Period, as applicable).

3.4 For the avoidance of doubt, in no circumstances will the Service Credits for any Service Period be greater than 15% of the Fees payable for the Service Period (pro-rated having regard to the duration of the Service Period, as applicable), in the aggregate.