BAO Systems will make the Platform Services available in accordance with this Service Level Agreement (the "Service Level Agreement"). Capitalized terms not defined herein shall have the meaning assigned to them in the Standard Terms and Conditions for Platform as a Service and BAO Edge (On-Premises PaaS). This Service Level Agreement does not apply to BAO Edge.

For purposes of this Service Level Agreement, the following terms shall have the following meanings

1. "At Risk Amount" means five percent (5%) of the Monthly Fee.
2. "Available" means Customer’s users are able to access and use the Platform Services.
3. "Downtime" means any period during which the Platform Services are not Available.
4. "Downtime Exclusions" mean, collectively, (i) Scheduled Maintenance, (ii) Emergency Maintenance, (iii) Customer Software-related issues including crashes, (iv) any downtime on servers where Customer has been given direct Backend Access (as defined in the Maintenance and Technical Support Terms and Conditions , (v) Customer’s Internet connection or firewall/network issues, (vi) outages elsewhere on the Internet that hinder Customer’s access to the Platform Services, (vii) domain name or other third-party services issues outside the direct control of BAO Systems (including propagation delays), (viii) acts or omissions of Customer (or acts or omissions of others engaged or authorized by Customer), including negligence, willful misconduct or use of the Platform Services in breach of this Agreement, (ix) unavailability, interruption or delay of telecommunication services of a third party, and (x) force majeure events.
5. "Emergency Maintenance" means BAO Systems’ back-end (i) operating system patches, (ii) server software patches, and (iii) critical bug fixes, in each case in connection with the Platform Services.
6. "Monthly Fees" means the pro-rata portion of Fees applicable to a particular calendar month that are paid or payable by Customer to BAO Systems for the Platform Services.

• 2.1. Availability. BAO Systems shall make the Platform Services Available, as measured over the course of each one-calendar month period, 99.9% of the time, excluding Downtime due to Downtime Exclusions (the "Availability Requirement").
• 2.2. Back-end Maintenance. Except for Emergency Maintenance, BAO Systems shall provide at least two (2) days’ advance notice to Customer prior to engaging in any back-end maintenance in connection with the Platform Services that may reasonably be expected to result in Unavailability ("Scheduled Maintenance").
• 2.3. Availability Credits. In the event BAO Systems fails to meet the Availability Requirement during any one (1) month period, Customer’s sole and exclusive remedy shall be for BAO Systems to issue to Customer credits against subsequent Fees payable by Customer to BAO Systems under this Agreement ("Availability Credits") equal to the At Risk Amount applicable to the calendar month in which the Availability Credits are calculated. Availability Credits (if any) will be calculated on a monthly basis. BAO Systems will apply any issued Availability Credits against amounts payable by Customer on the subsequent invoices issued by BAO Systems under the Standard Terms and Conditions for Platform as a Service and BAO Edge (On-Premises PaaS)..
• 2.4. Sole Remedy. Section 2.3 of this Schedule states the entire liability of BAO Systems and the sole and exclusive remedy of Customer with respect to any failure to meet the Availability Requirement hereunder.