Effective Date: January 1, 2012

• Measures
• Availability
• Customer Data Ownership
• Data Integrity
• Scheduled Maintenance
• Rapid Response
• Product Quality
• Professional Services Quality
• Billing Quality
• Product Communication
• Availability

Our goal is to provide 24×7 system availability, and we are so confident in our data center stability that we offer subscription credits if availability falls below 99.8%. You receive a credit of 10% of your fees for the month in which the outage event(s) occurred for every percentage point that Service Availability falls below 99.8%, up to a maximum of 50% of the applicable fees for that month. To receive a credit, you must submit a request to Nimbus Studios within 15 days after the month in which the Service Availability outage event(s) occurred. Any credit will be applied against subsequent monthly fees due to Nimbus Studios.

Customer Data Ownership

Your data is your data, and we will not hold it hostage if you decide to move to another solution. If you decide to move to another solution, we will help you export your data for a nominal fee.

Data Integrity

Nimbus Studios maintains regular backups of your data and we commit that no more than the last 24 hours of your transactions preceding the catastrophic event will be lost.

Scheduled Maintenance

Occasionally we will be performing scheduled maintenance. For extended maintenance periods, we will notify you at a minimum 48 hours in advance via an announcement on the Freshly Brewed product homepage.

Rapid Response

If you contact our Customer Support we will provide an immediate acknowledgement, as well as a response, within 6 business hours. For critical issues that cannot be resolved within a 24 hour time period, we will provide an update within that time and continue to update you with additional information as it’s available.

Product Quality

Our goal is to provide a high quality product that operates as described in our online product documentation. If issues are encountered with Nimbus Studios applications, we will address reported issues according to the following priority levels:

• Red

  System down: Site is not operational and no Workaround is available.
  Nimbus Studios will work continuously until resolved.

  Target resolution goal: Average resolution goal is within 4 hours of a reproducible case being reported.

• Severe Impact

  A major function is not working (unable to utilize a specific portion of the application, such as check printing or invoicing).
  Reproducible errors which result in a lack of application functionality or intermittent system failure.
  Good faith efforts by Nimbus Studios to provide:

  A Workaround within 24 hours of notification. If a Workaround is provided, then a plan for correction of the error will be provided within 5 business days of notification, with a target for completion within 20 business days; or
  If a Workaround is not provided then a plan for correction of the error will be provided within 2 business days of notification for completion within 5 business days.

• Moderate impact

  Reproducible errors causing malfunction of non-critical functions.
  Customer is able to use the application with the issue outstanding.
  Good faith efforts by Nimbus Studios to provide:

  A Workaround within 7 business days of notification on average. If a Workaround is provided, then a plan for correction of the error will be provided within 15 business days of notification, on average, for completion within 60 days, on average; or
  If a Workaround is not provided then a plan for correction of the error will be provided within 5 business days of notification on average, with a target for completion within 20 business days on average.

• Enhancement Request

  Enhancement requests will be reviewed on a monthly basis by Nimbus Studios.

Professional Services Quality

Our goal is 100% satisfaction with the professional services provided by Nimbus Studios. To back up that goal, we are willing to place 5% of our professional services fees at risk to ensure customer satisfaction. Nimbus Studios agrees to provide the professional services as outlined and mutually agreed upon within the Deliverables Agreement or Proposal document. If we are not able to deliver the professional services outlined within the agreed to budget and timeline, provided that all prerequisites are satisfied and no change order statements were added that would impact the scope of the project, we will forego payment of 5% of the applicable labor-based professional services fees.

Billing Quality

We will deliver accurate statements of activity and charges to you on a monthly basis. If there is a billing error brought to our attention, we will provide you a corrected statement within 3 days of being notified of the error.

Service Availability is computed using the following definition:

System:

Application service, accessible over the network via web protocols, up to and including Nimbus Studios Internet connection. Network problems beyond that point, such as ISP problems, Internet backbone problems or customer network problems are excluded. Development sites and beta software sites that are at times made available to customers are excluded. Problems caused by software running on customers’ computers are also excluded.

System Outage Hours:

Total time during a given month in which the System is unavailable, excluding scheduled system maintenance times.

Total Hours:

Number of hours contained in a given month, excluding Scheduled Maintenance time.

Service Availability:

The percentage of Total Hours during a given month in which the System was available is computed as follows:

100 x Total Hours-System Outage Hours

Total Hours

Calculation of Service Availability excludes system outages caused by force majeure, i.e. acts of God, war civil unrest, acts of government and any other circumstances beyond Nimbus Studios reasonable control.