ClearTrial Service Level Agreement

Service Availability
ClearTrial's Application Uptime Guarantee ensures that access to the Service is available to Customer as set forth in the Master Subscription Agreement and as set forth below; ClearTrial will credit Customer's account if ClearTrial fails to meet Application Uptime Guarantee during any given calendar month. At Customer's request and cost, ClearTrial will calculate Customer's Application Uptime in a calendar month. Network Unavailability is the time that Customer is unable to use the Service due to technical issues under ClearTrial’s control, as limited in the Master Subscription Agreement and further shall not include unavailability which Customer fails to report to ClearTrial within five days, or any unavailability resulting from

(a) planned downtime,
(b) any Customer owned/maintained circuits or equipment failure,
(c) Customer's applications or equipment,
(d) acts or omissions of Customer,
(e) any use or user of the service authorized by Customer, or
(f) reasons of Force Majeure.

For each cumulative two (2) hour (120 minute) period of Network Unavailability or fraction thereof in any calendar month, Customer's account shall be credited for the pro-rated charges for one day of the ClearTrial Annual Fee, up to but not exceeding the monthly hosting fee. This does not include additional charges such as bandwidth overages.

Reporting and Notification
ClearTrial's Reporting and Notification requirement is that Customer notify ClearTrial via email (support@cleartrial.com), phone call or voicemail with proof of delivery to the ClearTrial Customer Support group within 1 hour after Customer’s determination that Customer's service is unavailable. ClearTrial will contact Customer's designated point of contact by a method elected by ClearTrial (telephone, email, or fax). Customer is solely responsible for providing ClearTrial accurate and current contact information for Customer's Administrative Contact. ClearTrial will be relieved of its obligations under this Application Uptime Guarantee if ClearTrial's contact information for customer is out of date or inaccurate due to Customer's action or omission or if ClearTrial's failure is due to reasons of Force Majeure.

If ClearTrial fails to meet this Application Uptime Guarantee, at Customer's request, Customer's account shall be credited the pro-rated charges for one day of the ClearTrial Annual Fee for the Service with respect to which this Guarantee has not been met; provided, that Customer may not obtain more than one credit per day, irrespective of how often in that day ClearTrial failed to meet the Application Uptime Guarantee.

Technical Support Guarantee
ClearTrial Technical Support official hours of operation are 08:30 to 17:30 US Central Time Monday through Friday. Customers requiring support can email support@cleartrial.com, call the Customer Support line at ClearTrial's main office phone number, or visit the ClearTrial Support website at http://support.cleartrial.com.

Support inquiries submitted to ClearTrial Technical Support via phone call to a Technical Support representative, email to support@cleartrial.com, or voicemail to the Support mailbox during the official hours of operation will receive a response from a ClearTrial Technical Support representative within 3 (three) hours of receipt.

Support inquiries received outside the ClearTrial Technical Support official hours of operation will be handled at the beginning of the next US business day and customers will receive a response by 11:30 US Central Time on that day.

If ClearTrial fails to meet this Technical Support Guarantee, at Customer's request, Customer's account shall be credited the pro-rated charges for one day of the ClearTrial Annual Fee for the Service with respect to which this Guarantee has not been met; provided, that Customer may obtain no more than one credit per day, irrespective of how often in that day ClearTrial failed to meet the Technical Support Guarantee.

Facilities Security
The data center facilities in which the Service is hosted are controlled access environments. All entrance into the data center is restricted via biometric access equipment and database logged for on-demand review.

System Backups / Disaster Recovery
Customer Data is backed up daily with a minimum retention policy of 28 days. Backups are stored both onsite at the secured data center and offsite at a secure remote facility. The ClearTrial servers run a RAID1 configuration with hot-swappable SCSI drives on both the database and application servers.

Limitations of Guarantee
The total credit granted to customer by any aspect of this Service Level Guarantee during any calendar month will not exceed the prorated monthly Fee for the Service in that same calendar month.

All guarantees will not apply if downtime or unavailability occurs during standard ClearTrial maintenance windows, when Customer is notified at least 8-hours in advance of maintenance activities or unavailability of service guarantees. ClearTrial will use the Customer's Administrative Contact as set forth in the Reporting and Notification guarantee.

Credits or remedy will be provided only upon request of the customer and must be received by ClearTrial via mail, email or fax with proof of delivery within 5-days of the failure.

No guarantee or remedy will be provided at any time for failures determined attributable to reasons of Force Majeure or technical issues, including Internet connectivity issues, slow Internet speeds attributable to the Customer’s facilities, location, or any equipment or other facet of Customer’s technical infrastructure.

This SLA is subject to change at the sole discretion of ClearTrial, without notice to Customer. The most recent revision of this document will be posted to ClearTrial's web site. All changes made to the SLA will be effective five (5) days after the first publishing date.

This SLA in no way construes ClearTrial will guarantee performance against failures of application specific failures, such as web server software, operating system software, failing hardware, web site application features, database performance or related components. It will be at ClearTrial's sole discretion to determine fault and identify failure to perform under the obligations of this SLA.

Updated: December 1, 2008