Data Services Service Level Agreement

THIS ZYTE DATA SERVICE LEVEL AGREEMENT (“SLA”) SETS OUT THE SUPPORT SERVICES PROVIDED BY ZYTE IF AGREED BETWEEN ZYTE AND CLIENT IN A ZYTE DATA STATEMENT OF WORK AND AGREEMENT (“AGREEMENT”).

Capitalized terms used and not defined in these SLAs shall have those meanings as defined in Zyte’s Terms of Service.

1. Definitions

   1. Agreed Service Level: means either Premium or Standard as set out in the Agreement.

   2. Business Day(s): means any day other than a Saturday or Sunday.

   3. Client: means the subscriber to the Zyte Data agreement provided by Zyte

   4. Client Availability: means the amount of time Client must respond to all Virtual Help Desk tickets and related communications for the Delivery Restoration Time to apply

   5. Data Services: means the services performed for the Client by Zyte, including without limitation custom data scrapes and data delivery, as well as the technologies, tools, applications, and products used and/or made available from time to time by Zyte.

   6. First Response: means acknowledging receipt of the Virtual Help Desk ticket, confirming mandatory information has been provided and providing the next communication date. The time to complete the First Response is from the time the initial issue ticket is logged to the First Response to Client, within Support Hours.

   7. Fixes: means any form of a repair, bypass, or other reasonable solution as assessed by Zyte

   8. Premium: means the premium service level provided by Zyte as detailed in section 3 below.

   9. Delivery Restoration Time: means the time it takes to restore data delivery, but does not include running test crawls or time that Zyte is waiting for Client’s response, subject to the limits in section 3.2 of this SLA.

   10. Standard: means the standard service level provided by Zyte as detailed in section 3 below.

   11. Support Hours: means 24 hours during a Business Day.

   12. Virtual Help Desk: the platform where Client may raise issues with a Feed in the form of a ticket.

2. Issue Logging

   1. Client may submit a ticket to Zyte’s Virtual Help Desk and complete the issue form. In order for a ticket to be processed by Zyte, Client must complete all the mandatory information within the form.

   2. When a Virtual Help Desk ticket is submitted, Zyte will review the issue and provide a First Response. If more information is needed, Client will be requested to provide it.

   3. All issues logged will be given a unique incident log number, which will be passed to the Client and will be used throughout the maintenance process.

3. Issue Response and Delivery Restoration Times

   1. All Response and Delivery Restoration times indicated shall commence at the time the first Virtual ticket for a given issue is logged in the Virtual Help Desk system, either by Zyte or the Client.

   2. Zyte shall deploy the fix into production within the Delivery Restoration Time. Zyte will not be required to adhere to Delivery Restoration Time if:

      1. Client fails to respond to all Virtual Help Desk tickets and related communications within Client Availability time frame;

      2. The fix requires modifications to Zyte products, including but not limited to, Zyte Smart Proxy Manager, Zyte Automatic Extraction or ScrapyCloud, rather than the Feed itself;

      3. The fix is due to a significant target website structure change that requires a new Feed to be created to keep delivering data;

      4. The fix is required due to changes in the website data protection, including but not limited to, anti-bot protection, new versions of the existing anti-bot or anti-bot against a particular endpoint (e.g. phone, email, etc); or

      5. Changes to the target website that are difficult for Zyte to reproduce (for example if the target website changed very quickly or if the issues cannot be replicated).

4. These SLAs do not apply if:

   1. The issues are determined to be caused by Client’s software or other equipment.

      1. If Zyte performs work where it is later determined to be caused by Client’s software or other equipment, Zyte may charge Client at the hourly rate for the Zyte staff member’s time spent on the fix.

   2. The issues are determined to be caused by website changes that make it technically infeasible or illegal to scrape the data, or website down time or outages out of Zyte’s control.

   3. Zyte and Client mutually agree that the issues should not be covered by the SLAs