Service Level Agreement

1. Service Level Agreement

This Service Level Agreement ("SLA") governs the agreed provisions of Service, Terms of Support, Support Scope, Exclusions, Release and Deployment schedule and is executed between NexWave International Limited and subsidiaries ("NexWave", "We", "Us" or "Our") and the Customer ("You", "Your" or "Customer").

2. Service Levels

This section provides all the relevant details on Service Availability, monitoring the scope of services and related components.

2.1 Support Scope

2.1.1. Supported Services

Support Services will be provided by NexWave International only on the standard product and official release of NexWaveERP. Configurations of options available within Core NexWaveERP Features are a part of the standard product support. Support Services are not provided for code customisations, custom Modules and third-party Modules.

2.1.2. The Scope of this Service Level Agreement shall also include:

1. 1. Functional support: Functional Support shall include support on all standard features of NexWaveERP. NexWave shall only provide support in the form of guidance to the Customer. The onus of implementation extends to the Customer. Functional Support to the extent of Configuration support shall include but not limited to support for configuring workflow.
2. 2. Issue Investigation: Issue Investigation refers to examining the reported behaviour of a feature when it is not exhibiting expected functionality. All issues shall be replicable, and Customer shall support NexWave in replicating the issue in a non-production environment.
3. 3. Bug fix: Bug fix refers to fixing of verified bugs after Investigation. Bugs will be fixed based on severity and criticality and which are included in our regular Release process. In cases of Critical bugs, it may be resolved on priority basis and released immediately.
4. 4. Data fix: In cases of Data fix, support shall be provided to the Customer only for correcting data if it is an outcome of a verified bug.
5. 5. Upgrade Support: NexWave will provide upgrades and maintain the latest version of the application in the NexWaveERP Account.
6. 6. Priority & Phone Support: Priority and phone support shall be provided to a Customer who has additionally purchased the Priority & Phone Support. If the Customer has purchased Priority and Phone Support, the Service levels shall be according to Table 2 of Clause 2.1.7 of this Agreement.

2.1.3. Support Process, Creation of Support Tickets

Customers can avail Support Services by raising a support ticket from the support portal via https://support.nexwaveapp.com/

All Support tickets raised by the Customer shall be classified as "Unclassified". NexWave shall classify such Support Tickets according to Section 3.1.6 of this Agreement. The Customer shall be notified at a reasonable time by NexWave about the Issue Priority of the Support ticket raised by the Customer.

Support tickets generated by the Customer shall remain "Open" for five (5) days from the date of reply of the Support Ticket by NexWave. The Support tickets after five (5) days shall be automatically "Closed" if the Customer does not reply against the Support Ticket.

2.1.4. Support Exclusions

The following Services are not included in Support and are exclusively beyond the Scope of this Agreement. Upon NexWave sole discretion, NexWave Consultants may provide these services on a case-to-case basis. NexWave Consultants may train the Customers to implement these Services but the liability to perform these Services shall solely be on the Customer. These Support Services include:

1. 1. Scenario Support: Scenario Support shall refer to Mapping User's specific business use-case.
2. 2. Data Entry & Data Import: NexWave shall not be responsible for providing support in physically or electronically entering data of the Customer into the database or/and importing data from Customer's legacy database or storage.
3. 3. Client Script & Print Format: NexWave shall not provide support in code customisation to the Customers or/and provide amendments to the Print format.
4. 4. Manual Data Cleansing: NexWave shall not provide support is sorting or filtering of data of the Customer. The Customer is solely responsible for managing its own data.
5. 5. User Management & Permission Management: Customer shall be solely responsible for its User & Permission Management.
6. 6. Infrastructure Purchase: NexWave shall not provide any type of Infrastructure purchase to the Customer such as, but not limited to, server or any other type of hardware.
7. 7. NexWave shall provide all support through the Support Portal https://support.nexwaveapp.com/ unless the Customer has purchased Priority Phone Support.

2.1.5. Support Hours

Under the Support Services Agreement NexWave International will provide help desk support for the NexWave application. This service allows for unlimited support cases to be raised while the contract is active.

The Support hours cover New Zealand, Australia & UK time zones. The coverage parameters specific to the service(s) covered in this Agreement are as follows:

1. 1. Business Hours: Monday-Friday, 8:30 to 17:30 local time zone.
2. 2. Support Email: Direct email to our support team is restricted to customers with Phone & Priority Support agreements. All other customers must raise cases via NexWave Support Portal.
3. 3. The Email Support shall be only available on weekends (Saturday, Sunday, Public Holidays) if NexWave is not accessible (Severity 1 - Critical).
4. 4. Weekend Support shall only be available to Customer for Critical issues.
5. 5. Emails received outside the Business hours will be queued and we will try to ensure solving the issue the same or next business day.
6. 6. In case of Customers on Phone & Priority Support, the Calls received after specified hours, weekends, and public holidays, will be forwarded to a designated NexWave Consultant. The best efforts will be taken to rectify the problem as per Section 2.1.7 of this Agreement.

2.1.6. Support Levels

Support Calls shall be classified into one of the following four categories:

• Severity 1 – Critical:
  • • System is inoperable / not functioning
  • • Impact threatening productivity
  • • Server Failure
  • • Network down for whole business
• Severity 2 – Functional Query:
  • • Issues ranging from functional queries related to various features and modules of NexWaveERP, Cloud Subscription Plans, Data import assistance.
• Severity 3 – Investigation:
  • • System is operational but performance is slow
  • • Issues that require further investigation in core NexWaveERP such as Stock Balance mismatch, Email delivery and performance
• Severity 4 – Bug:
  • • System is operational but behaviour of a specific feature or module is incorrect
  • • Error Reports reported by User are automatically tagged as Bug
• Severity 5 - Service Request:
  • • When User reports a service request like major version upgrade, upgrade of subscription plan

2.1.7. Support Resolution Policy

NexWave International shall support the following resolution policy:

Table 1

In case of Standard Service Levels, the response and resolution times of the issues are as specified below:

Table 2

In case the Customer has purchased Priority and Phone Support from NexWave, the response and resolution times of the issues are as specified below:

These hours are subject to:

1. 1. The matrix shown above is for defined Business Hours.
2. 2. The response and resolution time are indicative and not final. Actual resolution may depend on factors that may be out of control such as unavailability of server etc.
3. 3. NexWave does not accept any penalty if these support requests are not resolved within the indicative times.
4. 4. Fixing is subject to the Release Process as mentioned under Section 3 of this Agreement. These levels and support hours may change based on continuous improvement of our services.

3. Release Process

3.1 Release Cycle

NexWave ensures that security fixes, bug fixes, upgrades, feature enhancements are deployed and released in a timely manner. The following is the release process:

Regular Releases: Minor version releases for resolution of the bug fixes, new features, enhancement of existing features will be deployed periodically. Issues tagged as a Bug or Service Request are fixed/released as available within the current release or at the next upgrade dependent on severity.

Critical Releases: To ensure that there is no compromise on customer experience, NexWave will resolve Issues tagged as Critical within 24 business hours.

3.2 Deployment

Deployment of releases will be done based on the deploy mechanism that is setup. The deployment is done in off peak hours and primarily there is reasonable minimum downtime.

For critical issues, deployment will be done as soon as the issue has been resolved, and the release has been cleared for release.

4. Contracting Entities

NexWave International contracting entities; law and venue: Our contracting entities are listed below along with what law and venue apply in any dispute between you and us:

NexWave International edition: Australia

NexWave International edition: New Zealand and the rest of the world

NexWave International edition: UK

5. Priority and Phone Support Terms & Conditions

• • NexWave International agrees to provide Customer with timely, reliable, high quality NexWave support services
• • Customer agrees to pay the fees on the terms of this agreement as outlined in your NexWave Quotation
• • Out of Hours work will be charged at an agreed after hours rate. The minimum call out period is 2 hours (4 hours on a Public holiday). Travel time is charged at 50% of the Out of Hours standard rate. Disbursements are also chargeable
• • The term is for twelve months. The contract will continue into the next twelve month period unless advised otherwise, in writing, by Customer. The following term will be invoiced for the full 12 month period in advanced
• • NexWave International requires 60 days' notice of cancellation in writing prior to contract renewal
• • NexWave International reserves the right to increase the base fees on an annual basis. Any changes to the base fee will be effective January 1st.
• • Rates quoted will be in the currency of the Quotation
• • Payment for help desk services will be invoiced in advance. Payment is due before Go Live if transferring from Implementation services or upon signing the Support Agreement for live customers wishing to use the Priority & Phone support offering
• • NexWave International may stop providing the Services whilst Customer owes overdue Fees but will continue to provide the Services whilst any invoice is disputed. Failure by Customer to dispute any invoice prior to payment will not prejudice Customer right to dispute subsequently the correctness of such invoice. NexWave International's Standard Terms of Business apply to this Support Agreement.