Agreement - Software & Licence - Fleet & Asset Management Software - CCG Systems Inc. dba FASTER Asset Solutions

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In other words, this means that unless you purchase the optional "Database Access," which is at an added cost, there will NOT be the ability to run queries against the database or access the database directly in any way. As noted above, you can still get copies of the database backup file. 5. Hosting Service Level Agreement: 5.1 Availability: FASTER shall maintain a data center adequate to support Services to Customer twenty-four (24) hour per day, seven (7) days per week (excluding scheduled maintenance) with service availability of not less than 99.9% (the "Service Level Commitment") calculated as specified below. (99.999%guaranteed up -time is available through a mirrored replication to a fail - over, co -location at an extra cost.) 5.1.1 Formula. The Service will, subject to the exceptions listed below, be available for a percentage of each calendar month at least equal to the Service Level Commitment. The availability of the Service for a given month will be calculated according to the following formula (referred to herein as the "Availability"): Where: Total minutes in the month = TMM Total minutes in the month the Service is unavailable = TMU And: ((TMM-TMU) X 100)/TMM = Availability 5.1.2 For purposes of this calculation, the Service will be deemed to be unavailable if Service application functions do not successfully complete. Further, the Service will not be deemed Unavailable for any downtime or outages excluded from such calculation by reason of the exceptions set forth in Sections 5.1.3 and 5.1.4 below. FASTER's records and data will be the sole basis for all SLA calculations and determinations. 5.1.3 Exceptions: (a). Maintenance performed at Customer's request outside of the normally scheduled maintenance will not be considered an outage. (b). The Service will not be considered to be Unavailable for any outage that results from any maintenance performed by FASTER of which Customer is notified 48 hours in advance and to which Customer does not reasonably object during the standard FASTER implementation window(s) agreed upon by FASTER and Customer during Customer's implementation period. (c). Errors or issues created by the Customer will not be considered. (d). Should the Customer opt to purchase for an added cost access to the database, FASTER is not accountable for disruptions caused by the Customer's actions related to the database. 5.1.4 The FASTER Network extends to, includes and terminates at the data center located router that provides the outside interface of each of FASTER's WAN connections to its backbone providers (referred to herein as the "FASTER Network"). The Service will not be considered Unavailable for any outage unavailability of the Service due to (a) Customer's information content or application programming, acts or omissions of Customer or its agents, (b) failures of Internet backbone itself and the third -party network by which Customer connects to the Internet backbone or any other network unavailability outside of the FASTER Network; (c) delays or failures due to circumstances beyond FASTER's reasonable control that could not be avoided by its exercise of due care; or (d) any other outage or downtime outside the FASTER Network.