Last updated: 6 September 2023

This Service Level Agreement specifies Service Levels and availability for the Products and forms part of, and is subject to, the terms of your Agreement.

1. Definitions

   Defined terms in this Services Level Agreement have the meaning given to them throughout this agreement, in the Agreement, and as follows.

   Agreement means the agreement between the Customer and Fusion for the provision of Fusion’s Products.

   Customer, you, your means the entity identified as the Customer in the Order Form.

   Order Form means the Customer’s order form issued by us and that sets out the details of your purchase of Products from us.

   Fusion, us, our means the Fusion entity set out in your Order Form.

2. Variations

   Where a variation does not result in the service levels provided being less favourable than those set out in this Service Level Agreement (as updated or amended in accordance with this clause 2), Fusion may, from time to time, vary this Service Level Agreement by notice via email to the relevant contact person set out in the Order Form. The Customer’s continued use of the Products will be deemed as acceptance of such variation. In all other circumstances, this Service Level Agreement can only be varied by written agreement by the parties. The date set out at the start of this Service Level Agreement will indicate the date it was last updated.

3. Service level requirements

Defect Priority	Service Availability	Target response time	Target resolution time
1	All Business Days (9am - 5pm)	30 minutes	8 hours
2	All Business Days (9am - 5pm)	4 hours	3 days
3	All Business Days (9am - 5pm)	8 hours	Next Update
Note: Defect Priority will be determined by Fusion based on the impact of the defect on the Customer's use of the Software, in accordance with: Priority 1 being severe impact (such as the software not starting or crashing); Priority 2 being moderate impact (such as severe degradations in performance or errors which have a material impact on the Customer's business); and Priority 3 being other Defects. Services will only be provided during the Service Availability times above. Services not completed during a Service Availability period will resume at the start of the next Service Availability period. Note: [Where Defect Resolution requires on Site attendance, Fusion will provide a field support technician at the Site within 3 Business Days after the Customer reports the Defect, unless otherwise agreed with the Customer, and the target Resolution time will be 7 days.]

4. Fusion hosting requirements

Availability Period	Availability	Measurement Period
All Business Days (9am - 5pm)	[99%]	Monthly
Note: For these purposes "Availability" during a Measurement Period is calculated as follows: Where: MPM is the aggregate duration (in minutes) of all Availability Periods during the relevant Measurement Period; O is the aggregate duration (in minutes) of all Outages occurring during the Measurement Period, excluding Scheduled Outages; Outage means a time for which there is a Priority 1 Defect or the Fusion server is not accessible by a computer system complying with the Minimum System Requirements; and Scheduled Outage is an Outage which is scheduled in advance by Fusion for maintenance purposes. Fusion may schedule Outages by no less than 3 Business Days' written notice to the Customer, for periods of no longer than [4 hours], unless otherwise agreed by the Customer (acting reasonably). Fusion will endeavour to schedule Outages outside of the Availability Periods. Note: A failure of a computer system to gain access to the Fusion server due to a fault with a third party telecommunications network, or any cause beyond the reasonable control of Fusion, will not be taken to be an Outage for these purposes