SPECIAL CONDITIONS

The following special conditions apply to the agreement between the parties, and take precedence over the General Terms of Service (“Terms“) to the extent of any inconsistency:

1. The parties agree that a new clause 1.10 is to be inserted in the Terms as follows:

1.10  Service Levels. Atticus will provide the Subscription Services for the relevant Plan in accordance with the Service Level Agreement. The Customer’s sole and exclusive remedy in circumstances where any Service Levels are not met will be any applicable Service Credits as expressly stated in the Service Level Agreement.

2. The parties agree that clause 13 of the Terms is amended to include the following new definitions:

“Service Credits” means any service credits expressly identified as such in the Service Level Agreement.

“Service Level Agreement” means the service level agreement attached to the Special Conditions.

“Service Levels” means any service levels expressly identified as such in the Service Level Agreement.

 

Service Level Agreement

1. Service Levels

a) Uptime Availability

Atticus will meet or exceed the Service Level for Uptime Availability as stated in the table below:

Service Level	Uptime Availability
Regular	99.5%
Premium	99.95%

b) Definitions

For the purposes of the Service Level for Uptime Availability:

“Downtime” means the period when the Subscription Services are completely inoperable or unable to receive Customer requests. Downtime shall begin to accrue as soon as the Customer recognises that Downtime is taking place and provides written notification to Atticus via support @atticus.tech, and continues until availability is restored.

“Scheduled Downtime” means any scheduled routine maintenance of the Atticus Platform or underlying host infrastructure. Atticus will notify the Customer at least forty-eight (48) hours in advance of any Scheduled Downtime. Scheduled Downtime will not exceed eight (8) hours per month and is typically performed once per month outside of Support Hours (as defined in the Order Form).

“Uptime Availability” means 100% minus the percentage of Downtime minutes out of the total minutes in the relevant calendar month, excluding any Scheduled Downtime.

2. Service Credits

a) Requesting a Service Credit

Atticus monitors services to measure whether Uptime Availability is met. The Customer agrees that this system will be the sole basis for resolution of any dispute that may arise regarding these Service Levels. To receive a Service Credit in respect of any calendar month, the Customer must submit a support request at [email protected] within fifteen (15) days of the end of the subscription month to which the requested Service Credit relates. If Atticus confirm that the Uptime

b) Exclusions

The Customer will not be entitled to a Service Credit if it is in breach of the Terms, including if it is not fully paid up in respect of the relevant Subscription Services. When calculating Service Credits for any failure to meet the Service Level, there will be no Service Credit entitlement to the extent that any period of unavailability is due to: (a) the Customer’s use of the Services in a manner not permitted in the Terms or not in accordance with the applicable Atticus User Resources or instructions; (b) force majeure events or other factors outside of Atticus’ reasonable control, including, without limitation, internet access or related problems; (c) Customer equipment, software, network connections or other infrastructure; (d) the Customer’s Data; or (e) third-party equipment, software or technology (other than of our agents and subcontractors).

c) No refunds or cash value

No refunds or cash value will be given for any unused Service Credits. Service Credits are non-transferrable and may not be applied to any other Subscription Services (unless otherwise expressly agreed to in writing by Atticus). (annual Plans): For Customers on annual Plans with Included Credits, any unused Service Credits will rollover for subsequent Further Terms (as applicable) but will otherwise expire at the end of the Subscription Term. (transactional): Customers using Atticus on a pay-per-use basis, any Service Credits will be applied to the final Invoice for the Subscription Services.

d) Exclusive remedies

Service Credits as stated in this Service Level Agreement are the Customer’s sole and exclusive remedy and Atticus’ sole and exclusive liability for its failure to meet any Service Levels.