BeHeard Support and Availability Policy

This Support and Availability Policy (the “Policy”) sets forth the policies and procedures with respect to services (the “Service”) provided by BeHeard to a customer (“Customer”) pursuant to a separate Service agreement between BeHeard and Customer (a “Customer Agreement”).

Summary:

As further described below, BeHeard will use commercially reasonable efforts to: (i) provide Customer with [99.9%] availability to the Service (the “Service Availability”); and (ii) provide standard support to Customer.

Availability:

If the Service becomes substantially unavailable to Customer due to defects with the Service, BeHeard will respond to Customer (i) within [eight (8)] hours from Customer’s notification to BeHeard of such unavailability, if during normal business hours (Monday-Friday, 8:00am – 6:00pm Pacific), or (ii) within [eight (8)] hours of the start of the next business day, if outside of normal business hours. The Service Availability will be measured on a monthly basis, with all hours weighted equally, but the Service Availability measurement will exclude reasonable scheduled downtime for system maintenance as well as any downtime or performance issues resulting from third party connections, services or utilities or other reason beyond BeHeard’s control (including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving BeHeard employees), computer, telecommunications, Internet service provider or hosting facility failures or delays involving hardware, software or power systems not within BeHeard’s possession or reasonable control, and denial of service attacks). If the Service is unavailable to Customer due to defects with the Service beyond the Service Availability metric, then, as Customer’s sole and exclusive remedy (and BeHeard’s sole liability), BeHeard will provide Customer a credit for the subsequent Service billing cycle as follows:

Availability Credit

97.5% – 99.8%, 1%

95% - 97.5%, 3%

< 95%, 5%

In order to receive downtime credit, Customer must notify BeHeard support within seventy-two (72) hours from the time of downtime, and failure to provide such notice will forfeit the right to receive downtime credit. All credits provided hereunder are nonrefundable. If Customer elects not to renew the Agreement, such that the above credit cannot be applied, Customer will have the option to receive up to one free month of Service as its sole remedy in lieu of such credit.