This software as a service subscription agreement (the "Agreement") governs Customer’s use of the Optimum System (as defined below) and any related services provided by Optimum Technologies, LLC, an Arizona limited liability company (“Optimum”). This Agreement is entered into by and between Optimum and customer ("Customer") effective upon electronic approval time and date. Both parties agree to be bound by the terms and conditions of this Agreement.

1. Definitions

• Components. "Components" means the individual modules or products that make up the Optimum System. Optimum may introduce additional Components or features from time to time and such Components or features may be restricted to specific Editions or Users.
• Customer Data. "Customer Data" means any of Customer’s: information, workflows, datasets, data models, source codes, processes, documents, electronic files or other data, which is submitted through or created by or with the Optimum System.
• Error. "Error" means any reproducible material failure of the Optimum System to function in accordance with its documented intended use or functionality.
• Maintenance Windows. “Maintenance Windows” means, collectively, standard maintenance and emergency maintenance. Standard maintenance windows will be published in advance on Optimum’s website at least 72 hours in advance of the start of the standard maintenance window. Emergency maintenance will occur as needed. Optimum may publish emergency maintenance windows on Optimum’s website in advance of the emergency maintenance window, but it is possible that advanced notification of an emergency window may not occur.
• Optimum System. "Optimum System" means the software service for which the Customer has paid, including any Updates relating thereto that may be provided hereunder or thereunder, and any derivative works of the foregoing.
• Optimum System Administrator. "Optimum System Administrator" means the person(s) that Customer designate(s) to purchase on behalf of Customer usage of the Service, authorize System Users under the Agreement, create accounts for additional System Users and otherwise administer Customer's use of Optimum System.
• Support. "Support" means the ongoing services by Optimum to support the Optimum System as defined in Section 3 below.
• Update. "Update" means any patch, bug fix, release, version, modification or successor to the Optimum System provided by Optimum for Customer’s use.
• User. "User" means a named individual to whom Customer has granted access to use the Optimum System on Customer’s behalf, regardless of whether or not the User actually accesses the Software. Users may be Customer's employees, consultants, contractors or agents.
• APIUser. "APIUser" means electronic access to use the Optimum System on Customer’s behalf for data management, automation with other systems, or workflow processing. Each concurrent electronic connection is considered a unique APIUser.
• User Licenses. “User Licenses” are the total sum of Users and APIUsers paid for by Customer.
• System User. “System User” APIUsers or Users.
• Edition. “Edition” means the named configuration of the Optimum System that has been licensed to the Customer. An Edition defines what Components, features, limits, and/or usage restrictions are placed on the Optimum System licensed to the Customer. New Components or features may be introduced to the Optimum System, and those Components or features may be restricted to specific Editions. New named Editions may also be introduced from time to time.
• Effective Date. “Effective Date” is the date on which the Customer’s subscription to the licensed Edition of the Optimum System starts. This is also known as the beginning of the contract term.
• Record. “Record” is a row of data in Optimum’s RDBMS.

2. Use Rights

• Licensed Right to Use. During the term of this Agreement, Optimum grants to Customer a non-exclusive, non-transferable, non-sublicensable right to use the licensed Edition of the Optimum System for Customer's business purposes. The use right is limited to use by the number of User Licenses for which Customer has paid. All rights in and to the Optimum System not expressly granted herein are reserved to Optimum.
• License and Use Restrictions. Customer shall not cause or induce any other party to:
  • copy, disassemble, reverse engineer, or decompile the Optimum System;
  • modify, create derivative works based upon, or translate the Optimum System;
  • license, sell, transfer, or otherwise exploit the Optimum System in any form whatsoever;
• Ownership. Customer acknowledges and agrees that Optimum owns all right, title, and interest in and to all intellectual property rights (including all derivatives or improvements thereof) in the Optimum System and any suggestions, enhancement requests, feedback, recommendations, or other information provided by Customer or any of Customer's System Users relating to the Optimum System.
• Optimum System Administrator. Customer shall designate one or more Optimum System Administrators. Optimum System Administrators shall be responsible for managing System User access, including adding and subtracting Users. The Optimum System Administrator shall ensure that multiple Users do not share a password or username. Customer acknowledges and agrees that it is prohibited from sharing passwords and/or usernames with unauthorized users.
• Customer Data. Customer hereby grants to Optimum, a non-exclusive, non-transferable (except as set forth in Section 9(c) below), non-sublicensable right and license to utilize Customer Data, System build/design and processes, solely for purposes of Customer’s use of the Optimum System.
• No Sensitive Data. Customer acknowledges that the Optimum System is not intended for use with protected health information under HIPAA, credit card numbers, financial account numbers, or other similarly sensitive personal information, and that Customer assumes all risk arising from use of any such sensitive information with the Optimum System, including the risk of any inadvertent disclosure or unauthorized access thereto. Customer is responsible for ensuring that Customer and Customer's System Users' use of the Optimum System is in compliance with all applicable laws and governmental regulations.
• Security. Customer is solely responsible for maintaining the security of all usernames and passwords, as well as all information provided to Customer by Optimum, and for its System Users’ compliance with the terms of this Agreement. Optimum will act as though any electronic communications it receives under Customer's usernames have been sent by Customer. Customer shall immediately notify Optimum in writing if it becomes aware of any loss or theft or unauthorized use of any of Customer's passwords or usernames. Optimum has the right at any time to terminate or suspend access to any System User or to Customer if Optimum believes in good faith that such termination or suspension is necessary to preserve the security, integrity, or accessibility of the Optimum System or Optimum's network.

3. Support

• Services Generally. Optimum shall make the Optimum System available to Customer in accordance with the Service Level Procedures set forth in Exhibit B to this Agreement. Optimum Systems may change the Service Level Procedures in its reasonable discretion from time to time after providing Customer 30 days’ notice of any such change.
• Updates. Optimum may deliver Updates to the Optimum System that apply to the Customer’s currently licensed Edition at no additional charge. New Components may be released that are applied selectively to different Editions of the Optimum System. Only those Updates that apply to the Customer’s currently licensed Edition may be delivered automatically to the Customer at no additional charge.
• Support Options and Procedures. Initial installation support may be provided by Optimum. After the system is installed and operational, Optimum will provide general support to the Customer subject to the then prevailing support rates charged by Optimum.
• Error or Defect Correction. Optimum shall use best efforts to correct all Errors or Defects to provide a reasonable workaround within the time frames set forth in Exhibit B during Optimum's normal business hours. Customer shall assist by providing access to all necessary data.
• Support Exclusions. Optimum is not obligated to correct any Errors or Defects or to provide any other support to the extent such Errors or Defects or the need for support was created in whole or in part by:
  • the acts, omissions, gross negligence, or willful misconduct of Customer, including any unauthorized modifications of the Optimum System;
  • any failure or defect of Customer’s or a third party’s equipment, software, facilities, third party applications, or internet connectivity (or other causes outside of Optimum's firewall);
  • Customer’s use of the Optimum System other than in accordance with the Optimum System’s documentation; or
  • a Force Majeure Event.
• Support Fees. Optimum has the right to bill Customer at its standard services rates for any support issues excluded by Section 3(e) above that have been pre-approved in writing (including in an email) by Customer.

4. Financial Terms

• Fees. In return for the products, services, and use rights provided by Optimum to Customer, Customer will pay to Optimum the fees on Exhibit A. All dollar amounts refer to U.S. dollars.
• Payment Terms. Optimum will invoice Customer monthly or yearly, in advance for all recurring charges. Invoices will also include all non-recurring charges and expenses incurred since the previous invoice. Customer will pay all Optimum invoices within 30 days of the invoice date. If Customer is delinquent in payment of any portion of an invoice, Optimum may exercise any remedy it has, including suspension of access to the Optimum System and/or provision of all services to Customer. Customer agrees to pay interest on delinquent amounts at the rate of 1.5% per month (or, if lower, the maximum amount permitted by law) that a payment is overdue.
• Credit Card. Customer will provide valid credit card information to be kept on file by Optimum. Optimum may use this credit card account to collect fees per 4(b).
• Taxes. Customer will pay or will reimburse Optimum for all sales taxes and other taxes (if any), however characterized or incurred on account of Customer’s use of the Optimum System, except for any taxes owed by Optimum based upon Optimum's net income or gross receipts.
• Pricing Changes. If the Customer has selected annual pricing under this Agreement, Optimum will give Customer notice of changes in pricing in writing at least 45 days before each anniversary of the Effective Date. If the Customer has selected monthly pricing, Optimum Systems will give notice of changes in pricing in writing at least 45 days before the month in which the change in pricing will take effect.

5. Term and Termination

• Term. The term of this Agreement commences on the Effective Date and will be month to month. This Agreement will automatically renew for consecutive 1-month periods unless either party notifies the other of its intent not to renew this Agreement at least 30 days in advance of the expiration of the current term. If Customer has elected a monthly pricing plan, this agreement will continue until a party notifies the other party at least 30 days in advance of its intention to terminate.
• Termination for Cause. Either party can terminate this Agreement for cause upon written notice to the other party:
  • i. if a party fails to pay the other party any delinquent amounts owed to the other party hereunder within 10 days of written notice by the other party specifying the amounts owed;
  • ii. in the case of Optimum, immediately upon any breach by Customer of Section 2(b) and/or Section 2(e) above;
  • iii. immediately upon any breach of any confidentiality obligations owed to such party by the other party;
  • iv. if the other party has committed any other material breach of its obligations under this Agreement and has failed to cure such breach within 30 days of written notice by the non-breaching party (or, if such breach is not reasonably curable within 30 days, has failed to begin and continue to work diligently and in good faith to cure such breach); or
  • v. upon the institution of bankruptcy or state law insolvency proceedings against the other party, if such proceedings are not dismissed within 30 days of commencement.
• Obligations Upon Termination. Upon termination of this Agreement, the parties will have the following obligations:
  • i. Optimum will immediately terminate access to the Optimum System by Customer;
  • ii. Customer will immediately pay Optimum any amounts payable or accrued but not yet paid.
  • iii. provided that Customer has paid all amounts owed to Optimum hereunder, Optimum will, upon written request received within 30 days of termination, provide Customer with access to the Optimum System for a period of 24 hours for the limited purpose of exporting Customer Data;

6. Confidentiality

• Confidential Information. "Confidential Information" means any and all information (whether written or otherwise recorded or oral) of a party that:
  • i. Derives or potentially derives independent economic value from not being generally known by or readily ascertainable to other persons who can obtain value from its disclosure or use; or
  • ii. The disclosing party designates as confidential or, given the nature of the information or the circumstances surrounding its disclosure, reasonably should be considered as confidential. Confidential Information includes without limitation, but is not limited to:
• 1. Any and all non-public information;
• 2. Third-party information that Customer or Optimum is obligated to keep confidential;
• 3. The material terms and conditions of this Agreement;
• 4. Any other information that reasonably should be considered as confidential.
• Exclusions. Notwithstanding the above, the term "Confidential Information" does not include any information that is either: readily discernible from publicly available products or approved for disclosure by prior written permission of the disclosing party.
• Use of Confidential Information. Each party shall only use Confidential Information furnished to it hereunder in furtherance of the activities listed by this Agreement, and, except as authorized in this Agreement, shall not disclose any Confidential Information in any way.
• Required Disclosures. Either party may disclose Confidential Information of the other party as required to comply with binding orders of governmental entities, or as otherwise required by law, provided that the party:
  • i. Gives the disclosing party reasonable written notice to allow it to seek a protective order or other appropriate remedy (except to the extent compliance with the foregoing would cause the receiving party to violate a court order or other legal requirement),
  • ii. Discloses only such information as is required by the governmental entity or otherwise required by law, and
  • iii. Uses reasonable efforts to obtain confidential treatment for any information so disclosed.
• Return of Information. Except as set forth in this Agreement, if a disclosing party so requests at any time, the receiving party will return promptly all copies, extracts, or other reproductions in whole or in part of the Confidential Information in its possession. Any confidential information provided to Customer will be returned to Optimum upon termination of this Agreement.
• Survival. The parties hereto covenant and agree that this Section 6 will survive the termination of this Agreement for a period of 3 years, except for Confidential Information constituting a trade secret, with respect to which this Section will survive the termination of this Agreement for so long as such Confidential Information remains a trade secret.

7. Indemnification

• Indemnification by Optimum. Optimum will defend, indemnify and hold harmless Customer from all damages, liabilities, losses and expenses, including reasonable attorneys’ fees, resulting from any third-party claim, suit or proceeding that arises from Customer’s use of the Optimum System in accordance with this Agreement that, to Optimum's knowledge, infringes or misappropriates any U.S. trade secret, trademark, or copyright. Optimum will have no indemnity obligation to Customer if the alleged infringement is based on:
  • i. Any use of the Optimum System with products, services, information, materials, technologies, business methods or processes not furnished by Optimum to the extent the infringement or misappropriation is based on such use;
  • ii. Any modification (other than by Optimum) to the Optimum System to the extent the infringement or misappropriation is based on such modification; or
  • iii. The Customer's failure to promptly install any Update that is provided by Optimum that would have eliminated the actual or alleged infringement or misappropriation.
• Indemnification by Customer. Customer will defend, indemnify and hold harmless Optimum from and against all damages, claims, liabilities, losses and expenses, including reasonable attorneys’ fees, resulting from any third-party claim, suit or proceeding that arises from the Customer and/or the Customer's System Users' use of the Optimum System whatsoever (other than to the extent indemnified by Optimum under Section 7(a)).
• Indemnification Process. The indemnified party shall immediately notify the indemnifying party in writing of any third-party claim, stating the nature and basis of the third-party claim. The indemnifying party will have sole control over the defense and settlement of any third-party claim, provided that, within fifteen (15) days after receipt of the above-described notice, the indemnifying party notifies the indemnified party of its election to so assume full control. The foregoing notwithstanding, the indemnified party will be entitled to participate in the defense of such third-party claim and to employ counsel at its own expense to assist in the handling of such claim, except that the indemnified party’s legal expenses in exercising this right will be deemed legal expenses subject to indemnification hereunder to the extent that:
  • i. The indemnifying party fails or refuses to assume control over the defense of the third-party claim within the time period set forth above;
  • ii. The indemnified party deems it reasonably necessary to file an answer or take similar action to prevent the entry of a default judgment, temporary restraining order, or preliminary injunction against it; or
  • iii. Representation of both parties by the same counsel would, in the opinion of that counsel, constitute a conflict of interest. The indemnifying party will not settle any such third-party claim without the written consent of the indemnified party, except for a complete settlement requiring only the payment of money damages to be paid by the indemnifying party.
• Sole Remedy. Indemnification pursuant to this Section is the parties’ sole remedy for any third party claim against the other party in the nature of intellectual property infringement or misappropriation.

8. Disclaimers and Limitations

• Disclaimer of Warranties. OPTIMUM MAKES NO, AND HEREBY DISCLAIMS ANY, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPTIMUM SYSTEM, THE SERVICES PROVIDED OR THE AVAILABILITY, FUNCTIONALITY, PERFORMANCE OR RESULTS OF USE OF THE OPTIMUM SYSTEM. WITHOUT LIMITING THE FOREGOING, OPTIMUM DISCLAIMS ANY WARRANTY THAT THE OPTIMUM SYSTEM, THE SERVICES PROVIDED BY OPTIMUM, OR THE OPERATION OF THE OPTIMUM SYSTEM ARE OR WILL BE ACCURATE, ERROR-FREE OR UNINTERRUPTED. OPTIMUM MAKES NO, AND HEREBY DISCLAIMS ANY, IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE OR ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE.
• Disclaimer of Consequential Damages. CUSTOMER EXPRESSLY AGREES AND WARRANTS THAT OPTIMUM HAS NO LIABILITY WITH RESPECT TO THE OPTIMUM SYSTEM, SERVICES, OR ITS OTHER OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS AND THE COST OF COVER) EVEN IF OPTIMUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
• Limitations of Remedies and Liability. OPTIMUM'S TOTAL AGGREGATE LIABILITY TO CUSTOMER FOR ANY REASON AND UPON ANY CAUSE OF ACTION INCLUDING WITHOUT LIMITATION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, INDEMNITY, MISREPRESENTATIONS, AND OTHER TORTS, IS LIMITED TO (1) IN THE CASE OF CUSTOMER ON A MONTHLY PAYMENT PLAN, ALL FEES PAID TO OPTIMUM BY THE CUSTOMER IN RESPECT OF USER LICENSES FOR THE OPTIMUM SYSTEM DURING THE THREE MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE LIABILITY; (2) IN THE CASE OF CUSTOMER ON AN ANNUAL PAYMENT PLAN, ALL FEES PAID TO OPTIMUM BY THE CUSTOMER IN RESPECT OF USER LICENSES FOR THE OPTIMUM SYSTEM DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE LIABILITY.

9. General

• Notices. Notices regarding this Agreement will be in writing and sent by first class mail or overnight courier or electronic mail at the address listed below. Notices will be deemed to have been given three business days after mailing or posting (if sent by first class mail), upon delivery in the case of courier, or 24 hours after sending by e-mail.
Optimum:
Attention: Simon Chatfield
Address: 70 S. Val Vista Dr. Box A3-601, Gilbert, AZ 85296
Email: [email protected]
Customer:
Customer Contact information on file with Optimum
• Promotional Materials. Either party may include statements, and may use the other party's name and logos, in its website, commercial advertisements, and promotional materials for the sole purpose of indicating that Customer is a user of the Optimum System.
• Force Majeure. "Force Majeure Event" means any act or event that: (a) prevents a party from performing its obligations under this Agreement; (b) is beyond the reasonable control of and not the fault of the Nonperforming Party; and (c) the Nonperforming Party has not, through reasonable efforts, been able to avoid or overcome. "Force Majeure Event" does not include economic hardship, changes in market conditions, and insufficiency of funds. If a Force Majeure Event occurs, the Nonperforming Party is excused from the performance thereby prevented and from satisfying any conditions precedent to the other party’s performance that cannot be satisfied, in each case to the extent limited or prevented by the Force Majeure Event. When the Nonperforming Party is able to resume its performance or satisfy the conditions precedent to the other party’s obligations, the Nonperforming Party will immediately resume performance under this Agreement. The relief offered by this paragraph is the exclusive remedy available to the Performing Party with respect to a Force Majeure Event.
• Assignment. Optimum may assign any of its rights or obligations under this Agreement at any time; Customer will not assign any of its rights under this Agreement, except with the prior written approval of Optimum, which will not be unreasonably withheld. Any change of control transaction is deemed an assignment hereunder. Any purported assignment of rights in violation of this Section is void.
• Governing Law; Venue. The laws of the State of California shall govern all matters arising out of or relating to this Agreement. All claims or actions arising from this Agreement must be brought exclusively in a court of competent jurisdiction sitting in Los Angeles County, California, and each party to this Agreement submits to the jurisdiction of such courts for the purposes of all legal actions and proceedings arising out of or relating to this Agreement.
• Reasonable Legal Fees and Costs. If any legal action or other proceeding is brought for any reason under this Agreement, the prevailing party will be entitled to reasonable attorney fees and other costs incurred in that action or proceeding, in addition to any other relief to which the successful party may be entitled.
• Entire Agreement. This Agreement and its Exhibits constitute the final agreement between the parties. It is the complete and exclusive expression of the parties’ agreement on the matters contained in this Agreement. The provisions of this Agreement cannot be explained, supplemented, or qualified through evidence of trade usage or a prior course of dealings.
• Amendments. The parties may amend this Agreement only by written agreement signed by both parties which expressly identifies such amendment as an amendment of this Agreement.
• Survival of Certain Provisions. Each party hereto covenants and agrees that the provisions in Sections 1, 2(b), 5(c), 6, 7, and 9 in addition to any other provision that, by its terms, is intended to survive the expiration or termination of this Agreement, will survive the expiration or termination of this Agreement.

Exhibit A: Optimum License Fees

Current Optimum Rates: https://www.optimumhq.com/optimum-licensing/

Bespoke Rates. Bespoke rates identified on the signed proposal when applicable.
Professional Services. Professional services will be billed hourly at the end of each month in addition to licensing fees.
Professional service hours must be approved by Customer.

Exhibit B: Service Level Procedures

INTRODUCTION

General Overview. These Service Level Procedures (SLP) address procedures for Optimum Technologies, LLC (“Optimum Technologies”), in providing support to its customers for the OptimumHQ platform.

Objective. The objective of the document is to clearly and concisely present:

• 1) Optimum Technologies, LLC’s service level procedures
• 2) Establish service level objectives
• 3) Clarify responsibilities and expectations of Optimum Technologies and the Customer with respect to the Service Level Procedures

Scope

• These Service Level Procedures cover the base OptimumHQ platform, APIs, and connectivity. This specifically DOES NOT cover customer-created or maintained datasets and workflows.
• Dataset and workflow procedures must be covered under a separate SLP.

1. Responsibilities

• a. Optimum Technologies’ responsibilities under these Service Level Procedures include:
• Providing and monitoring a means for the Customer to submit support requests
• Acknowledging the receipt of such support requests
• Communicating with Customer regarding the status of such support requests
• Briefly describing the problem and resolution method in accordance with these Service Level Procedures
• Describing any measures taken to prevent the problem from reoccurring
• Remediating the issue in accordance with these Service Level Procedures when necessary

• b. Customer responsibilities under these Service Level Procedures include: Providing clear, descriptive communication notifying Optimum Technologies of the subject issue, including:
• The steps that the User took to reach the issue
• Usernames & types
• Identification of operating systems
• Identification of browser (including version) details
• URLs
• Occurrence time & frequency
• Such other information as Optimum Technologies may reasonably request to attempt to resolve the issue

2. Service Request Methods

a. Email – The preferred contact method for Critical and High severity-level issues is through an email to [email protected]. Support for issues not falling into the “Critical” or “High” classifications can be requested by sending a message to [email protected]. The Customer can email its main point of contact at that person’s personal email address at Optimum Technologies or at [email protected].

b. Phone – Requests for service may be submitted by calling the help-desk at (480) 776-6390. The call will then be routed to the appropriate person.

c. Website – Customers may also submit requests for support through the OptimumHQ customer portal website at https://auth.optng.com/login.

*Messages received outside of the means listed above (for example: SMS and MMS messages) will not satisfy the Customer’s responsibility to notify Optimum Technologies under these Service Level Procedures and will not be acknowledged by Optimum Technologies.

3. Hours of Coverage

Optimum Technologies will provide the following:

• a. [email protected] is monitored 24 hours a day, 7 days a week.
• b. Office phone service is available during regular business hours (9 am-5 pm MST).
• c. Email and cell phone response is available during off-hours through your account manager.

4. Severity Levels

a. Classification

• Critical – Immediate loss of revenue, no known work around. Significant numbers of people/users are affected, significant long-term negative impact, legal/safety implications. (Example: Cannot process credit cards and/or capture purchases.)
• High – Temporary work around is not known. Business can proceed temporarily without immediate resolution but not for an extended period (target resolution within 1 business day).
• Medium – Temporary work around is known. Client is not losing revenue as a result of defect. (Example: reset username or password, change email address in configuration file.)
• Low – Site/Tool enhancement. Temporary work around is not needed, client is not losing money, no noticeable negative side effect associated with issue. (Example: Swapping images, changing font color, minor look & feel changes.)

b. Response & Resolution Timelines w/Contact Method

Classification	Response Time	Resolution Time	Contact Method
Critical	15 min.	ASAP (work until resolution)	[email protected]
High	15 min.	1 Business Day	[email protected]
Medium	4 business hours	3 Business Days	Optimum’s Point of Contact (email or phone) or [email protected]
Low	8 business hours	5–10 Business Days	Optimum’s Point of Contact (email or phone)

5. Escalation

• If, for some reason, an issue triggering these Service Level Procedures is unaddressed according to the timeline listed above, escalation of the issue to the appropriate resource becomes necessary. Escalation steps are as follows:
  • i. Helpdesk
  • 1. Phone: (480) 776-6390
  • ii. DevOps, Tech Lead
  • 1. Office: (480) 776-6347
  • iii. Customer Service
  • 1. Office: (480) 745-7025

6. “Crying Wolf” Clause

• If Critical Level tickets are opened inappropriately twice in one month – that is, [email protected] is used for issues that are not critical or of a high level – the Customer will be charged $200/hour for each hour required to respond to the service request.

7. Maintenance & Service Pricing

• Warranty/Bug fix. Any Errors or Defects (as defined in the SaaS Agreement between Optimum Technologies and the Customer) will be corrected pursuant to the SaaS Agreement at no cost to the Customer.
• Prepaid Hours. The Customer may pre-purchase billable hours at the pre-paid rate of $200/hr.
• Enhancements. For any tasks that are not corrections of Errors or Defects, the parties must separately agree in writing to the scope, pricing and schedule for the task, taking into account Optimum Technologies’ development calendar.
• Systems Maintenance. Standard, upkeep maintenance shall be covered at no cost to the Customer.