This Service Level Agreement ("SLA") is a policy governing the use of the SMARTABASE Software and services under the SMARTABASE Terms of Service (the "SB Terms Agreement") between Fusion Sport Pty Ltd ("Fusion", "us" or "we") and users of SMARTABASE ("you"). This SLA applies separately to each account using SMARTABASE. Unless otherwise provided herein, this SLA is subject to the terms of the SMARTABASE Terms Agreement and capitalized terms will have the meaning specified in the SMARTABASE Terms Agreement. We reserve the right to change the terms of this SLA in accordance with the SMARTABASE Terms Agreement.

"Data" - means any Templates, personal data or information inputted by you or Fusion Sport into your version of the SMARTABASE Software.

"Monthly Uptime Percentage" - means the proportion of total Planned Uptime the service is available.

"Non-availability" - means the proportion of time the service is not available (excludes Planned Downtime and the SMARTABASE SLA Exclusions)

"Planned Uptime" - means the proportion of time that Fusion plan to make the service available.

"Planned Downtime" - means the time that the service is schedule to be unavailable due to maintenance, updates or new releases.

"Templates" - means the structure of the Data that is going to be recorded in your Site. For example, specific fitness tests, questionnaires and training logs.

Fusion Sport is committed to providing all customers using the SMARTABASE software with consistent availability. Fusion recognize that our customers need to have their SMARTABASE software service available whenever they need to review and analyze their athlete's performance, management and injury information. Fusion Sport strives to consistently exceed other service level providers and their level of service commitment. Fusion Sport will use commercially reasonable efforts to make SMARTABASE available with Service Level Objectives (defined below). The percentages exclude Planned Downtime.

The current Service Level Objectives are as follows:

• Week Days and Nights (AEST) - 99.0%
• Weekend Days (AEST) - 99%
• Weekend Nights (Saturday and Sunday AEST 1:00am to 6:00am) - 80.0%

The most significant benefit of using the SMARTABASE software is the fact that our customers have access to regular upgrades thanks to our agile development environment. To bring our customers these benefits, Fusion Sport schedule a weekly maintenance period to upgrade the existing application and/or make any minor enhancements. This late-night maintenance is scheduled for two-hours on a Sunday and occurs during the lowest usage periods in the US, Australia, and the UK. Where possible, planned maintenance will be during low usage periods outside working hours when usage patterns are at their lowest. The maintenance period is usually scheduled at this time, but will not occur if there are no additional enhancements or updates.

On a quarterly basis Fusion Sport usually has a major new release where significant new functionality is added to the SMARTABASE software. These periodic major releases can take several hours to release which means your system will not be accessible during this time. Before doing so, Fusion Sport will give the Customer as much notice as possible, and whenever practicable will agree with the Customer when the Service will be suspended.

Emergency maintenance, updates, and other procedures will be scheduled by Fusion Sport on a case-by-case basis, notice will be given to the Customer where practicable and ensure that customers are notified to logout of the system and save changes. Any periodic major releases usually occur at a time when usage patterns are at their lowest to minimize the impact on you.

The exclusions for non-availability include:

• In typical installations the SMARTABASE software is built utilizing the Amazon web services components Simple Storage Service (S3) and Elastic Compute Cloud (EC2). Downtime caused as a result of a known fault within the Amazon infrastructure will not be the responsibility of Fusion Sport. Amazon's real time service status dashboard will provide you with their service status.
• Planned Downtime that is part of our regular weekly maintenance, or a major new release which you will be notified of.
• Any unavailability, suspension or termination of Fusion Sport, or any other Fusion Sport performance issues:
  • caused by factors outside of our reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of Fusion Sport;
  • that result from any actions or in-actions of you or any third party;
  • that result from your equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within our direct control); or
  • arising from our suspension and Termination of your right to use SMARTABASE in accordance with the Fusion Sport Terms

If availability is impacted by factors other than padding: 2px;those used in our calculation Monthly Percentage Uptime, we may issue a Credit considering such factors in our sole discretion.

Should a customer elect to self-host their SMARTABASE application, the minimum server requirements are as follows –

• Dedicated server or partition (minimum 4Gb ram) with large disks in a mirrored raid configuration
• Virtualization method – depending on your infrastructure
• Establish VPN between your network and ours (you can lock down the IP to our static IP)
• Provide access to server via SSH or remote desktop, then we install a virtual machine image of our server to configure and manage it.
• Scalability of sever capacity and performance is the responsibility of the customer. The above specifications are based on a typical organization with up to 50 professionals servicing up to 5,000 athletes and should be seen as minimum requirements.

Should the customer opt for in-house installation of the SMARTABASE system the following additional terms and conditions apply.

During installation and normal maintenance Fusion Sport representatives will perform the following tasks –

• Installation of Linux OS
• Installation of Smartabase
• Installation of Security patches
• Installation of Regular patches
• All database upgrades
• New release management
• Monitoring ‐ email and text message monitoring of the server and its critical processes, including:
  • Database
  • Server
  • Connectivity
  • Sending of email
  • Error monitoring

Fusion Sport would like to confirm the following points with regards to server access and security ‐

• All outgoing ports required will be encrypted ‐ The only outgoing port we require to be open in addition to HTTPS (for the site itself) is the port for OpenVPN (1194). Once OpenVPN is up we will be able to use SSH to manage the server, and all our other management services will run through that. All network traffic is encrypted between our two networks over the VPN.
• Server Access ‐ We will only access the server when needed:
  • Manual maintenance (for tasks that we don't automate)
  • Fixes ‐ we sometimes apply fixes to various software components running on the server.
  • Crashes ‐ we need to diagnose and fix any possible crashes.
  • Notifications ‐ We are notified instantly with all the relevant information if anyone encounters a problem, and will contact the relevant people and apply relevant fixes as soon as we can.
  • Customer will be able to terminate our access to the Virtual Machine at any time, simply by turning off the OpenVPN port.
  • Fusion Sport will not have access to any other computer on the Customer’s network – you will be able will isolate our access so that we will have no other access within your network.
• Audit trail on server ‐ we can send audit trail data to Customer on request (any key files), or provide you with access to view this on your own.
• Backups ‐ Backups will be the responsibility of the Customer. We will produce a nightly (or more regular if needed) backup onto this disk so that you can back it up via CIFS. Incremental backups will be performed on the VM itself by Customer.

Additional costs for self-hosted sites are applicable for both the initial installation and first year maintenance, and for subsequent years, as per the standard pricing schedule. These costs are detailed in the supplied pricing schedule at the time of sale. No additional charges will be payable by the customer, providing the requirements detailed in the “Server Requirements” section of this document are met. Please note the standard charges are for single server applications. Additional fees will be charged on a specification and quote basis, or hourly rate agreement, for additional server configurations such as split application and database server structures or servers running multiple instances of the application.

SMARTABASE and Fusion Sport recognize that you are entrusting us with your essential and valuable information. While SMARTABASE securely manages and processes your information, it is always your Data and Templates and your data alone, and you will always have the ability to export your data into a Comma Separated Value (CSV) file from the SMARTABASE application. This export capability was created because it is an important aspect of our Service giving you the option of retrieving all of your data at any time.

Fusion Sport will operate a fault notification line where faults will be assigned a priority based on the list below. Priority one faults will be acted upon immediately and all other faults will responded to within that or the next working day, depending on the time of the call (0830-1730 AEST).

Call Answering: 100% of all incoming calls will be answered within 2 minutes.

Email: support tickets may be lodged 24/7 by emailing support@fusionsport.com

Service level targets are listed in the following table.

Service Level	Response Time	Resolution Time	Definition
Priority 1 faults	Within 1 Business Hour of notification of the fault (phone only)	4 Business Hours	The system is not operational or inaccessible
Priority 2 faults	Within 1 Business Day of notification of the fault	3 Business Days	A major part of the system is unavailable for critical client business activities.
Priority 3 faults	Within 2 Business Days of notification of the fault	10 Business Days	A major part of the system is not operating efficiently for important client business activities, or a minor part of the system is unavailable
Priority 4 faults	Within 2 Business Days of notification of the fault	As part of routine maintenance service or major release cycle	A Problem with part of the system which has minimal or no impact on the operation of the client’s business.

Upon receipt of notification the User who notified Fusion Sport of the fault will receive:

• a resolution time for the fault or problem;
• any change of resolution target time

N.B. Fusion Sport reserves the right to charge the Customer for work done by Fusion Sport at standard consulting rates to investigate faults in the Service reported by the Customer where Fusion Sport finds no fault exists or the fault is in a component not provided by Fusion Sport.

For Amazon hosted sites Fusion Sport backs up the entire database on the Amazon S3 servers every two minutes. This means in the event of a disaster, there will be a back up copy of the system and the data for customers to access. As outlined in the Terms, you can also choose to nominate a person from your Project to receive a back up of all of your information every 24 hours. This provides you with an additional level of data security.

If the site is hosted locally on your servers (“Self-Hosted”), backups will be your responsibility.

The Customer is responsible for:

1. Notifying Fusion Sport of any changes to contact details for its System Administrator(s) and keeping such details accurate and up to date at all times;
2. Ensuring the security of all User IDs, Passwords and other IDs necessary to access the Service,
3. Provision of all personal computers