Special Terms

Training Pass Special Terms

For Training Passes, the following terms shall apply:

• Training credits can be used on any online training courses/coaching sessions, for each product on each level. Even for customised trainings.
• Training credits can be redeemed against any combination of sessions, if the number of credits required do not exceed the number of credits purchased.
• The price is a fixed fee, and all unpaid instalments will immediately become due and payable upon termination of the pass/Agreement.
• Notwithstanding clause 11 of the Terms and Conditions, if the pass is not terminated by the provision of at least 3 months prior notice before the end of the 12-month Minimum Period, it shall automatically renew for subsequent 12-month renewal terms until 3 months prior notice before the end of a renewal term is provided.
• Notwithstanding the renewal, at the end of the 12-month period any unused credits will expire and cannot be carried over to the subsequent renewal period.

Training credits shall not be assigned, transferred, sub-licensed, novated, charged or otherwise dealt with in whole or in part without Compusoft’s prior written consent.

Success Plan Special Terms

For Success Plans, the following terms shall apply:

Enterprise Success Plan Agreement

Customer Success Manager. A Customer Success Manager (“CSM”) will be assigned to your account to provide coordination and assistance for questions pertaining to our solutions, content, architecture, and deployment of the Software. You will assign your own Program Manager (your “Program Manager”) to manage the relationship with us. Your Program Manager is responsible for the identification of potential needs globally and to identify and make available your required resources. The CSM will strive to understand your business and develop domain knowledge to further facilitate collaboration in utilization of the Licensed Software.

Technical Account Manager. A Technical Account Manager (“TAM”) will be assigned to your account to provide coordination and assistance for questions, technical issues, and cases pertaining to our solutions, content, architecture, and deployment of the Software. The TAM will strive to understand your systems and solutions in place, keep track of open technical issues and product requests, set priorities with your program manager, and drive resolution and execution on those working with Cyncly technical teams.

Success Plan. With your collaboration, we will develop a roll out and update plan (“Success Plan”) for the Software and content.
The Success Plan will specify what services we will provide on an annual basis during the term of the Success plan and for what areas you will have primary responsibility. Areas of consideration to be documented in the annual Success Plan may include:

• Identification, prioritization and set target timelines for business and technical objectives where our products or services will be of assistance
• Content Creation requirement gathering and providing timelines for delivery of content and updates
• Define the necessary technical prerequisite requirements to deploy the Licensed Software if not being handled by an assigned project manager
• Identification and scheduling of required Trainings

Taking into account your stated business objectives and resources, the Success plan will include a proposed schedule, recommendations on training for your personnel and end users, best practices, and other recommendations for operation of the Licensed Software.

Reviews. Reviews will be conducted on an as-needed basis by the CSM, your Program Manager, and appropriate management personnel. These reviews may be conducted in person at a mutually agreed upon location or virtually, using web-based collaboration tools. These reviews shall be based upon a review report prepared by our team and supervised by the CSM, and will address any concerns identified by the CSM or your Program Manager, and be specifically focused on your opportunities and goals. The Success plan may be adjusted and modified at these meetings.

Training and Success Services. You will also receive a fixed 15% discount on all training that are available from Cyncly for anything that is above what is included in the plan. These includes:

• Onsite and Online training sessions
• E-Learning and self-paced modules available on our online training platform
• Training Passes and Subscriptions where applicable
• Workshops and Advisory services on specific topics or use-cases

Service Level Agreement and Support

Compusoft shall ensure high availability of the Services in accordance with the “Support Services” and “Service Levels” described below.

1. Support Services

*Saturday support will be over email with a Call-back option
** Full omnichannel support not available for all products.

During the Supported Hours, Compusoft shall provide you with support for your Compusoft product at no additional charge. End Users can access contact information for Compusoft Technical Support via the Support Center You will be entitled to contact Compusoft Technical Support team during the above-mentioned supported hours to ask questions or seek advice regarding the use of your product. We will assist Authorized Users in using this offering and in identifying and providing workarounds, if possible, for problems or limitations with the service. Such assistance may include remote computer communications to Authorized Users’ facilities. The online Help Centre, which includes specific product troubleshooting guides & FAQ’s, will be available 24/7, 7 days a week in your local language.

Once an incident is reported to Compusoft during the Supported Hours, Compusoft will make best efforts to resolve Service disruptions as soon as possible and to address errors and other incidents on a timely basis in accordance with the incident classifications described below. Compusoft uses the following incident classification system to manage response and resolution of Service disruptions and other technical support issues reported by Customer or detected internally by Compusoft.

PREMIUM:

ELITE:

ENTERPRISE:

2. Service Levels

1. Provision of cloud Services. We will use commercially reasonable efforts to make the cloud Service available 99.5% of the time, calculated on a monthly basis, except for: (i) planned downtime (of which we shall give at least forty-eight (48) hours electronic notice, and (ii) any unavailability caused by circumstances beyond our reasonable control, including, for example, an act of God, act of government, flood, fire, earthquake, civil unrest, act of terror, strike or other labor problem (other than one involving our employees), Internet service provider failure or delay, or denial of service attack. We will not modify the terms of this subsection 2(a) during the initial terms of your subscription. Any updated terms will be reflected in your renewal term.
   i. Requesting Credits. If the Offering does not meet the 99.5% availability described above, then you may be eligible for a credit towards your service fees. A claim must be sent to [email protected] for us to consider any credit requests. A valid claim must include the following information:
   ii. A detailed description of the incident(s) that caused the downtime;
   iii. Information regarding the time and duration of the downtime;
   iv. The number and location(s) of affected users (if applicable), and;
   v. Descriptions of your attempts to resolve the incident(s) causing the downtime at the time of occurrence.
2. Credits. Credits are your sole and exclusive remedy for any availability issues related to this Service. You may not unilaterally offset service fees for availability issues. Credits will be calculated as the credit for the corresponding months fees for the specific Offering that failed to meet the availability described above only (calculated on a straight line pro-rated basis with respect to any fees paid in advance).
   

   Uptime Percentage (UP)	Credit Percentage (CP)
   95% <= UP < 99.5%	10%
   90% <= UP < 95%	20%
   UP < 90%	40%

3. Disaster Recovery (DR). While our cloud Services are built on Azure’s highly available and resilient services for storage and compute, we have put in place DR procedures to protect against catastrophic events. In case of such event, we will use these procedures to deliver reasonable best efforts for data Recovery Time Objective (RTO) and Recovery Point Objective (RPO).
4. Data Backup: We are using Microsoft backup technology, currently MS Azures 7-day data retention functionality, for both database and file storage. In addition, we are using geo-redundant data storage for both databases and files – Exception: Geo-redundancy for SQL server is not supported by Microsoft in South-Africa region. The data copy to the other geography is a “cold” backup that can be brought online if the primary location is down.
5. Reporting & Monitoring: Health Check and Smoke test services are running for all components in Production environments on short intervals. We also have automatic Monitoring 24/7 with live alerts on sent out and monitored for issues of all types.
6. Audit & Tests: We have implemented multiple environments for development, testing, and production. We also have automated unit tests, integration tests (API) and end-to-end tests (E2E) running in our pipelines to detect bugs that were not detected during code reviews. Performance tests are done by QA team regularly to ensure high performance in all use cases. Every year we hire external consultants to do penetration tests against our applications to detect any security issues.
7. Software Updates: Compusoft regularly develops enhancements to our products as well as permanent solutions for known Compusoft Products problems, Compusoft will, from time to time, incorporate such enhancements and solutions into planned updates to the Compusoft Products, as applicable, ("Updates"). Such Updates may also include those enhancements and extensions or other changes to the Compusoft Products as are determined by Compusoft to be suitable to the use-cases made of the Compusoft Products by Compusoft's licensees.