Perl Street Service Level Agreement

1. INTRODUCTION

This Service Level Agreement (this "Agreement") outlines the terms and conditions governing the provision of services by Perl Street for the Perl Street SaaS Platform and is subject to the terms and conditions laid out in the “General Terms and Conditions”,  Order Form (“Order Form”) between the Perl Street and the Client as well as the Subscription Agreement (“Subscription Agreement”) between the parties hereto (the “Parties”) relating to such Order Form. 

Capitalized terms used herein shall have the meaning given thereto in the Terms and Conditions, the Order Form, or the Subscription Agreement, as applicable. 

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2. SERVICE SCOPE

2.1 This Service Level Agreement is intended by the Parties to be legally binding.

2.2 Service Description: Perl Street agrees to provide Client with access to the Perl Street SaaS Platform, a software-as-a-service solution, as described in the Subscription Agreement, General Terms and Conditions, and Order Form as agreed by the Parties.

2.3 Availability: The Perl Street SaaS Platform will be available for Client’s use 24 hours a day, 7 days a week, excluding scheduled maintenance.

2.4 Out-of-the-Box Integrations: Client acknowledges and agrees that certain built-in integrations (list available on request) provided by Perl Street shall be made available to the Client at no additional cost. Any custom integration work requested by the Client shall incur additional charges, the amount of which shall be mutually agreed upon in writing by both parties prior to the commencement of such work.

2.5 Out-of-the-Box Dashboard and Report Templates: Client acknowledges and agrees that certain built-in dashboard and report templates (list available on request) provided by Perl Street shall be made available to the Client at no additional cost. Any custom dashboard or report template work requested by the Client shall incur a charge of $5000 per dashboard or report.

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3. PERFORMANCE METRICS‍

3.1 Uptime Guarantee: Perl Street, Inc. guarantees a minimum of 99% uptime for the Perl Street SaaS Platform during any calendar month, excluding scheduled maintenance.

3.2 Response Time: Perl Street, Inc. commits to responding to critical issues that significantly impact the functionality, availability, or security of the service and, as a result, have a substantial and immediate impact on the user or business operations, such as complete service outage, within one (1) business day and non-critical issues within three (3) business days during the agreed-upon support hours. Support hours shall be Monday – Friday from 8 AM to 4 PM US Pacific Time.

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4. MAINTENANCE AND UPDATES‍

4.1 Scheduled Maintenance: Perl Street will notify Client via email at least seven (7) business days in advance of any scheduled maintenance that may affect the availability of the Perl Street SaaS Platform. The notice shall include details of the maintenance, its purpose, and expected duration.

4.2 Emergency Maintenance: In case of emergency maintenance, Perl Street will make all reasonable efforts to minimize service disruption and will provide prompt notification via email to Client. Details of the emergency maintenance, including its nature and expected resolution time, will be communicated.

4.3 Software Updates: Perl Street intends to release updates and enhancements to the Perl Street SaaS Platform regularly. Updates may include new features, improvements, and bug fixes. Client can request the content and impact of any new software updates via customary support channels.‍

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5. CLIENT SUPPORT

‍5.1 Support Channels: Perl Street will provide customer support through a dedicated chat channel (which may be delivered through a generally available application like Slack) and via email. The channels will be monitored during the support hours.

5.2 Support Hours: Client support will be available from 8 AM to 4 PM US Pacific Time on business days, with a commitment to respond to inquiries promptly.

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6. SECURITY AND DATA PROTECTION‍

6.1 Data Security: Perl Street will implement and maintain industry-standard security measures, including encryption protocols, access controls, and regular security audits, to ensure the confidentiality, integrity, and availability of Client Data and Derived Data.

6.2 Data Backup: Client Data and Derived Data will be regularly and encrypted backed up. The backups will be stored securely and tested periodically for data recovery effectiveness.

6.3 Data Storage and Modification: The Customer's data will be stored in data centers located within the United States of America. Any changes to the data storage location outside of the United States of America will be subject to the Customer's prior agreement. If such changes incur additional costs, these will be communicated to and agreed upon with the Customer in advance.

6.4 Compliance: Perl Street will adhere to relevant data protection and privacy laws, to ensure the lawful processing of data.

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7. SERVICE LEVEL CREDITS; DISCLAIMER OF DAMAGES

In the event that the Perl Street SaaS Platform fails to meet the agreed-upon service levels, Perl Street shall indemnify the Client under the Subscription Agreement and General Terms and Conditions and for all direct losses suffered by the Client as a result of such failure(s) subject to the limitations set forth in the Subscription Agreement and General Terms and Conditions. In furtherance of the foregoing, Perl Street will have no liability to Client for be liable for any indirect, incidental, special, or consequential damages of any type, including lost profits, arising out of or in connection with this Agreement.

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8. TERMINATION OF SERVICE

Termination of Service is governed by the Order Form, Subscription Agreement, and General Terms and Conditions in place between Perl Street and the Client.

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9. MISCELLANEOUS‍

9.1 ‍Amendments: This Agreement may be amended only in writing and signed by both Parties.

9.2 Dispute Resolution and Jurisdiction: This Agreement will be governed by the same laws as applicable to the Order Form.  Likewise, any dispute resolution, jurisdiction, and venue provisions governing the Order Form will be deemed incorporated herein and shall apply to this Agreement.

9.3 Force Majeure: Neither party shall be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to acts of nature, war, acts of terrorism, government action, or any other force majeure event. The affected party shall promptly notify the other party of such circumstances.

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