Savanta Subscription Products SLAs and Support Terms

1. INTRODUCTION

1.1. These Savanta Subscription Products SLAs and Support Terms (“Terms”) are agreed between the Savanta entity listed in the Sales Order (“Savanta”) and the purchasing entity listed in the Sales Order or other commercial document (“Client”). The Terms govern the use of the Savanta Subscription Products including, but not limited to, BrandVue, AllVue and Virtual Personas. Capitalised terms have the meanings assigned to them in the Sales Order or master services agreement between the parties (however named) (the “Agreement”).

1.2. Savanta’s obligation to provide the Support detailed in the Agreement is dependent on the validity of the Agreement between the Parties. Should the Agreement be terminated for any reason, Savanta’s obligation to provide any form of Support will cease automatically on the occurrence of such event.

2. CLIENT SUPPORT ADMINISTRATION

2.1. Client shall designate one primary Support contact (the “Designated Support Contact” or “DSC”) who will act as the conduit for all requests from Client to Savanta relating to matters of use and troubleshooting with respect to the Service. Additional DSCs may be agreed to in Sales Order(s) subject to payment of an annual fee.

2.2. Before assuming responsibilities, the DSC(s) must complete training in the use of the Service and the Software as prescribed by Savanta or must possess skills at least at the same level as those having undertaken such training. Client agrees and understands that the Support service shall not serve for educational purposes, and Savanta retains the right to communicate to Client where DSCs appear to necessitate training.

2.3. Requests for Support shall only be submitted by the DSC by e-mail to [email protected] or an alternative e-mail address as informed by Savanta. Client shall ensure that individuals other than DSCs do not send requests for Support directly to Savanta. Savanta may however at its own discretion offer Support directly to Designated Users who are not DSCs under the terms for Additional Services. Support requests sent to Savanta from individuals other than DSCs will normally not be handled, and such circumstance shall not constitute a breach of the Agreement between the Parties by Savanta.

2.4. Requests for Support relating to errors or malfunctions will be addressed by Savanta upon Client making reasonable commercial efforts to provide documentary evidence of the errors or malfunctions including copies where applicable of all relevant error messages so that to the extent possible the error in question may be recreated.

2.5. Clients are responsible for providing Savanta with up-to-date contact details for DSCs effective from the first day of the Initial Term and updating such contact details whenever applicable throughout the Term. Such contact details should be sent by e-mail to [email protected] or an alternative e-mail address as informed by Savanta and should comprise the following information: name, address, phone, and e-mail. Failure by Client to provide this information in an accurate manner to Savanta and to update it when appropriate will result in important information not reaching Client, and Savanta shall not be held responsible for such failure of communication.

3. TYPES OF SUPPORT

3.1. During the Term of the Agreement between the Parties, Savanta will offer Client support services, Service

Enhancements, and Additional Services (jointly “Support”) as detailed in these Terms.

3.2. STANDARD SUPPORT

3.2.1. Subject to the payment of the Access and Use Fees by Client Savanta will during the Term provide Standard Support to Client in response to requests from one Designated Support Contact for no additional charge.

3.2.2. For purposes of the Agreement between the Parties, the term “Standard Support” means explanation and guidance solely in relation to Client’s use of the Software such as producing cross-tabs and analyses, Virtual Personas, questionnaires including basic questionnaire layouts and respondent handling, error code interpretations, and other related topics. Standard Support is available during Standard Support Hours (as defined in Article 4 below) by e-mail to [email protected] or an alternative e-mail address as informed by Savanta.

3.2.3. Assistance outside of Standard Support, including persistent questioning about subjects which should have been known to Client if Client had completed a training course, or where such a request is more by way of consultancy services (e.g. programming (in whole or in part) of questionnaires or reports), such assistance may at Savanta’s sole discretion be considered an Additional Service and will then, after Client has been informed by Savanta thereof, be subject to Savanta’s standard rates for the Additional Services or as specified in a Sales Order. More information regarding Additional Services can be found in Sub-Section 3.4.3 of these Terms.

3.2.4. Certain Support activities are not included in Standard Support but may be provided as Additional Services upon request at rates established by Savanta or as specified in a Sales Order, such as correction of errors or malfunctions caused in whole or in significant part by:

3.2.4.1. Client’s or its Personnel’s negligence;

3.2.4.2. Use of the Software outside what is described in the Documentation, as long as such use is not in contravention of the Agreement; and

3.2.4.3. Accidents and other events occasioned by Client and for which Savanta is not responsible.

3.3. SERVICE ENHANCEMENTS

3.3.1. During the Term of the Agreement between the Parties and to the extent Savanta deems it necessary Savanta will enhance the Service by upgrading the Software or the equipment supporting the Service. We will let you know when we make a change, if it affects the service.

3.4. ADDITIONAL SERVICES

3.4.1. Subject to availability of Savanta’s resources and subject to the Parties’ agreement concerning pricing and other terms Savanta will upon Client’s request provide Client with Additional Services.

3.4.2. Rates for Additional Services will be set forth in the applicable Sales Order. Savanta shall bill Client for Additional Services in thirty (30) minute increments.

3.4.3. Additional Services are offered in the four following categories:

3.4.3.1. Professional Services/Project and Authoring Assistance:

3.4.3.2. Technical Consultancy/Systems Development: Tasks such as recovery from backups after deletion caused by client or development of custom-tailored functions.

3.4.3.3. On Site Support or User Support outside Standard Support Hours: Where Client’s Designated Support Contact requests support assistance either at its location or outside Standard Support Hours then this shall be classified as an Additional Service and payable as a consultancy service.

3.4.3.4. If a problem Savanta has tried to resolve on the assumption that it falls within the Limited Warranty does not in fact do so, Client shall subject to Client’s prior written approval pay for the Support and other services Savanta has provided to investigate the problem at the rates Savanta ordinarily charges for Additional Services.

4. STANDARD SUPPORT HOURS AND TARGET RESPONSE TIME

4.1. Savanta’s standard support hours (“Standard Support Hours”) are 08.00-17.00 Central European Time (CET), from Monday to Friday, with the exclusion of UK public holidays.

4.2. Savanta will aim at responding to Support requests according to the urgency of the request as specified below: