The following Service Level Terms and Conditions (“Terms”) are incorporated into the signed Software as a Service (SaaS) Agreement between CSA Solutions, Inc. (“LenderDock”) and (“Company” or “you”) that refers to this Service Level Attachment.  This Service Level Attachment (“SLA”) constitutes the service level commitment of LenderDock to you for the LenderDock Portal Services.

Unless otherwise provided herein, this SLA is subject to the provisions of the Terms. Capitalized words and phrases have the meaning specified in the Terms. We reserve the right to change the terms of this SLA in accordance with the Terms.

1. Service Commitments:

LenderDock will use commercially reasonable efforts to make the LenderDock Portal Services available with a Monthly Uptime Percentage of at least 99.95% during any monthly billing cycle (the “Uptime Service Commitment”). Subject to the LenderDock SLA Exclusions, if we do not meet the Uptime Service Commitment, you will be eligible to receive a Service Remedy.

A Monthly Uptime Percentage of 99.95% means that we guarantee you will experience no more than 21.56 min/month of Unavailability.

LenderDock will use commercially reasonable efforts to ensure the LenderDock Portal Services experiences not greater than one period of Unavailability during any monthly billing cycle (the “Reliability Service Commitment”). Subject to the LenderDock SLA Exclusions, if we do not meet the Reliability Service Commitment, you will be eligible to receive a Service Remedy.

LenderDock will provide you a monthly report of LenderDock Portal Services usage (including unsuccessful usage attempts), and average monthly response time (measured form the time an information request is received by LenderDock Portal Services until the time the LenderDock Portal Services responds to the requester).  From time to time, the parties will mutually agree upon the specific report content and format.  Monthly reports will be provided to you by the 5^th business day of the following month.

2. Definitions

“LenderDock Portal Services” mean the lender portal and services offered through the lender portal provided by CSA Solutions, LLC.

“Maintenance” means scheduled Unavailability of the LenderDock Portal Services, as announced by us prior to the LenderDock Portal Services becoming Unavailable.

“Monthly Uptime Percentage” is calculated by subtracting from 100% the percentage of minutes during the month in which the LenderDock Portal Services were Unavailable. Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly from any LenderDock SLA Exclusion.

“Service Remedy” means the actions to be taken by LenderDock in response to service level failures.

“Unavailable” and “Unavailability” mean, for app services and databases, when your service or database is not running or not reachable due to CSA’s fault. This excludes (a) containers that are unreachable or not running because the container’s provisioned resources (RAM, CPU, disk, as applicable) are insufficient.

3. Service Commitments and Service Remedies

For Monthly Uptime Percentage, less than 99.95% but equal to or greater than 99.0%, LenderDock will provide Customer within five business days a written remediation plan to improve the Monthly Uptime Percentage.

For Monthly Uptime Percentage, less than 99.0%, LenderDock will escalate the issue to the LenderDock President who will provide to Customer within 48 hours, a written remediation plan to improve the Monthly Uptime Percentage

After the two periods of Unavailability in any monthly billing cycle, LenderDock will provide Customer within seven days a written remediation plan to prevent further incidents of Unavailability;

4. Sole Remedy

Unless otherwise provided in the Terms, your sole and exclusive remedy for any unavailability, non-performance, or other service level failure by us to provide the LenderDock Portal Services is the receipt of a Service Remedy (if eligible) in accordance with the terms of this SLA.

5. LenderDock SLA Exclusions

The Service Commitment does not apply to any unavailability, suspension or termination of the LenderDock Portal Services, or any other LenderDock Portal Services performance issue:

1. That results from a suspension or Remedial Action, as described in the Agreement;
2. Caused by factors outside of our reasonable control, including any force majeure event, Internet access, or problems beyond the demarcation point of the LenderDock network;
3. That results from any actions or inactions of you or any third party (other than a third party used by LenderDock for provision of the LenderDock Portal Services);
4. That results from the equipment, software or other technology of you or any third party (other than third party equipment within our direct control);
5. That results from failures of LenderDock Portal Services not attributable to Unavailability; or

That results from any Maintenance.