Service Level Agreement

1. DEFINITIONS

The following Definitions shall apply to this Service Level Agreement (hereinafter referred to as “SLA”):

1.1 “Availability” shall mean the percentage of time the TEXT GLOBAL Service is available per month, each month consisting of thirty (30) days and each day consisting of twenty-four (24) hours, with the exception of Excluded Timesas defined below;

1.2 “Failure(s)” shall mean any failure of the TEXT GLOBAL Service to operate in accordance with the Service Description as stated within the Agreement, except where such Failure arises during, or as a result of, any Excluded Time;

1.3 “Excluded Time” shall mean any time during which the TEXT GLOBAL Service is not Available, or access thereto is materially inhibited, as a result of any:

(i) Scheduled Maintenance (any work necessary for the continued provision of the TEXT GLOBAL Service where TEXT GLOBAL has provided CLIENT with at least forty-eight (48) hours prior written notice);

(ii) Emergency Maintenance (necessary platform upgrade due to the reasons including but not limited to emergency upgrades and security breaches; if such an event occurs, TEXT GLOBAL shall notify the CLIENT promptly, providing him with the information regarding the issue and the expected timeframe for its resolving);

(iii) Failure of, or congestion experienced in, any part of a Network Operator mobile network or theInternet;

(iv) Requirement of a Network Operator that TEXT GLOBAL suspend the provision of the TEXT GLOBAL Service to one or more destinations, whether or not as a result of a failure envisaged in sub-paragraph (iii) above and only for as long as reasonably necessary in each particular case; or

(v) Force Majeure (as defined in the Agreement).

The terms used in this SLA and not otherwise defined shall have the meanings given to them in the Agreement and Schedules.

2. SERVICE LEVEL

2.1 TEXT GLOBAL shall ensure a Service Level of 99.9% Availability of the TEXT GLOBAL Service.

2.2 TEXT GLOBAL’s Service Level commitment herein shall be limited only to the Availability of the TEXT GLOBAL Platform and shall expressly exclude Availability of the Network Operators.

3. FAILURE CLASSIFICATION AND REPORTING

3.1 Failures shall be classified as follows:

a. Severity Level I (Critical): The TEXT GLOBAL Service is totally unavailable due to a fault in the TEXT GLOBAL Platform;

b. Severity Level II (High): The TEXT GLOBAL Service is affected by the major operational issues which may result in substantial degradation of TEXT GLOBAL Services whereas majority of functionalities are severely impaired and a substantial part of TEXT GLOBAL Service related to CLIENT’s business operations is affected by the impact of such issues with no reasonable workaround at hand.

c. Severity Level III (Minor): The TEXT GLOBAL Service, while partially available, is not in accordance with the Service Description as stated within the Agreement or the Service Level stated herein.

3.2 Failures shall be reported to TEXT GLOBAL by CLIENT through the contact points set out under point 5 hereof, stating:

(i) the nature of the Failure, including its severity level in accordance with Section 3.1 hereto; and

(ii) any supplemental information reasonably required by TEXT GLOBAL and available to CLIENT at the time of notification of the Failure to facilitate its resolution.

3.3 TEXT GLOBAL shall resolve Failures in accordance with the Response Times and Maximum Fix Times set out in Section 4 below.

4. RESPONSE AND FIX TIMES