Standard Service Level Agreement (SLA)

1. Scope of Service Level Agreement

1.1. This Service Level Agreement (SLA) documents the commitment for "Rainy Day Software Corp." (herein referred to as "Rainy Day") to provide high quality Internet Access, email and Web Hosting services. It is to be used as a reference guide for Rainy Day’s Customers and Industry Partners.

1.2. This SLA is also governed by the Rainy Day Master Services Agreement (MSA) and the Acceptable Use Policy (AUP).

1.3. This SLA applies to the Consumer High Speed Internet Plans and Services.

2. Service Levels & Hours of Operation

2.1. Availability - Rainy Day monitors its system and network on a 24-hour / 7 days perweek basis. In the event of service outages, our system alarms automatically notify our Support Staff about the problem. A customer can report any service problem to Customer Care during business hours (8:00 a.m. to 5:00 p.m. Central Time, Monday – Friday). The telephone number is 1-87-Rainy-Day or 204-272-5005; or via email at any time to support@rainyday.ca.

2.2. Scheduled Maintenance - Planned down times will occur on a scheduled basis between the hours of 22:00 to 06:00 CST. Rainy Day will provide notice for any planned outages past 6:00 CST for those services and/or customers being affected.

2.3. Emergency Maintenance - When emergency maintenance is required, Rainy Day will provide the greatest amount of reasonable lead-time and arrange, with client management or IT contact, a solution that minimizes the impact on the users.

3. Availability Commitment

3.1. Rainy Day’s services are available 24 hours a day; 7 days a week, taking into consideration scheduled and emergency maintenance times. Systems are monitored and managed from our Network Operations Centre (NOC) to ensure a monthly committed level of availability, in excess of 99.5% outside of scheduled and emergency maintenance periods. Rainy Day designed and built its network with redundant connections to the Internet to maximize reliability and network availability.

4. Latency Service Commitment

4.1. Rainy Day’s latency is based on an average round-trip transmission between Rainy Day’s Internet Gateway Router and the customer’s access point (hub site). The average latency is estimated not to exceed more than 80 milliseconds.

5. Mean Time To Repair (MTTR)

5.1. Rainy Day’s NOC strives to restore customer services in a timely manner. In the event that we need to dispatch one of our field service technicians, subject to having prompt access to its equipment in customer’s location, our goal is to achieve a Mean Time To Repair (MTTR) as follows:

5.2. Highway Distance chart from Winnipeg MTTR

DISTANCE	REPONSE TIME
0 km — 100 km	8 hours
101 km — 250 km	12 hours
251 km — 600 km	24 hours
601 km +	72 hours

6. Service Level Credits

6.1. A "Network Outage" is defined as customer reported no access to the Internet (excludes scheduled and emergency outages, outages related to customer responsibilities as defined in the contract and outages beyond Rainy Day's network in the Internet).

6.2. In the event of Service Interruption, Rainy Day will credit the customer a portion of the monthly fee for the affected service, services, or location (only), according to the following schedule:

NETWORK OUTAGE	REBATE
less than 72 hours	0%
3 days to 14 days	2% per day
more than 14 days	3% per day

7. Service Interruption Definition

Interruption in this Agreement refers to the inability of the Customer to complete Internet network connections due to a malfunction of the Rainy Day Equipment or Rainy Day’s core network, and Rainy Day is unable to reach the last piece of Rainy Day Equipment before the Customer’s Demarcation Point.

Interruption does not include:

7.1. failure due to problems related to the customer’s local area network (LAN);

7.2. failure caused by power outages at the Customer’s location;

7.3. equipment or network failure or routing issues associated with Internet connections outside of Rainy Day’s core network;

7.4. failure caused by the Customer;

7.5. failure caused by power outages in excess of 6 hours in duration;

7.6. failure due to termination of the Services by Rainy Day in accordance with the terms of this Agreement; or;

7.7. force majeure, including but not limited to delays or failures caused by weather conditions or delay in gaining access to properties not controlled by Rainy Day, including the Customer’s premises For the purposes of calculating actual time to repair and Service Level Credits, the Service Interruption length shall be adjusted to reflect delays caused by factors which are not considered an Interruption as defined herein. For greater certainty, Rainy Day will not credit the Customer for that portion of an Interruption which is caused by failure or delay which is not otherwise considered an Interruption.

8. Problem classification & Notification

8.1. Problems and service requests are recorded in the Rainy Day task system and are evaluated by Rainy Day personnel by level of severity. There are 3 levels of severity, designed to record customer problems:

URGENT: Complete service interruption
MEDIUM: Service degradation or preventable service outage
LOW: Information request or minor service degradation

8.2. All inquiries/problems that are the responsibility of Rainy Day are classified as follows. Problems may be re-classified in priority levels as new information about the problem becomes available.

Priority Level Descriptions:

8.2.1 Urgent (Complete Service Interruption) - OUT OF SERVICE - Involves situations where one or multiple services are affected and a significant impact to the service is occurring. SLA: Restoration of service in 72 hours or less.

8.2.2. Medium (Service Degradation) - CUSTOMER STILL HAS SERVICE - Involves situations where infrastructure is degraded and the situation may lead to a service interruption if not attended to in a timely manner. SLA: Resolution of situation in 72 hours or less.

8.2.3. Low (Information Request or Minor Service Degradation) - CUSTOMER STILL HAS SERVICE - Involves situations where infrastructure may be experiencing a minor degradation or the customer has a question or request. Objective: Best efforts to resolve.

9. Help Desk Hours

9.1. Rainy Day’s Help Desk or Emergency IVR can be reached 24 hours day, 7 days a week by calling 1-87-Rainy-Day or 204-272-5005. The technical representative responding to the call will attempt to classify the call by the level of urgency and attempt to rectify the trouble on line with the customer. Should this not be possible the technical support representative will update the customer on trouble status as agreed to by the customer.

10. Problem Notification

10.1. Before calling Rainy Day' Technical Support, please have the following information available so that your call can be handled more efficiently:

a) Company Name
b) Name of Caller
c) Location of problem
d) Type of Problem
e) Priority or severity of the problem
f) A detailed description of the nature of the call

11. Response Time and Call Escalation Procedures

11.1 The following table describes the vertical escalation levels, which Rainy Day follows in order to deliver its commitments to customers. As soon as the Rainy Day representative recognizes that he/she cannot respond to the problem and that the problem belongs to second level support, the call is escalated. The following tables illustrate how the person who takes responsibility of a problem, must notify the next level, within a certain time frame, and escalate the matter if the problem cannot be resolved.

11.1.1. Priority 1 incident — Urgent

Time Escalate	Notify/Update
2 hours	Tier 3 Technical Support
4 hours	Technical Services Manager
6 hours	Chief Technology Officer

11.1.2. Priority 2 incident — Medium

Time Escalate	Notify/Update
7 hours	Tier 3 Technical Support
14 hours	Technical Services Manager
21 hours	Chief Technology Officer

11.1.3. Priority 3 incident — Low

Time Escalate	Notify/Update
1 day	Tier 3 Technical Support
2 days	Technical Services Manager
4 days	Chief Technology Officer

12. Business Continuity

12.1. Rainy Day places considerable emphasis on service availability and continuity through system architecture design and operation management discipline. The remaining parts of this section discuss other preventative plans put into place for this service, and possible contingency measures available to the client in the event of a prolonged service failure.

13. Disaster Recovery

13.1. Rainy Day emphasizes prevention and management discipline and does not currently offer off-site disaster recovery services for our services. However Rainy Day is in a position to develop disaster recovery plans within a contractual relationship with specific clients taking into consideration the specific conditions for each case.

14. Security

14.1. Rainy Day has implemented the necessary logical and physical security required to ensure a secure environment in order to deliver our services. A number of procedures are implemented in order to control personnel, System Software maintenance, Application Software design and maintenance, Software controlled accessibility, Telecommunications, environmental infrastructure and physical access. Only authorized operators and system administrators have access to the NOC and equipment rooms.

15. Review and Update of the Service Level Agreement

15.1. Rainy Day will periodically update this document, and will post updates from time to time on our website. Changes will be made at the sole discretion of Rainy Day, with changes being made in the best interest of all parties. Some changes to this documentation may require contractual and pricing updates.