This policy (the “Policy”) shall apply from the Effective Date where a Customer has entered into an Agreement with Jacobs UK Limited (Company No. 02594504) (“Jacobs”) for a subscription to Flood Platform.

1. DEFINITIONS.

   Capitalised terms not otherwise defined when first used herein or in the Subscription Agreement have the meanings set forth below:

   Agreement:	means the agreement between Jacobs and the Customer comprised of “Flood Platform Subscription Agreement” (including any policies and documents referred to in them) and the Order Form effective from the Effective Date;
   Asset Library:	means a library of components made up of raw data and derived data components which are compatible with Flood Platform;
   Authorised User	means those Customer employees agents and independent third-party consultants and contractors acting on behalf of the Customer who are authorised by the Customer to access and use the Service
   Commercially Reasonable Efforts:	means reasonable endeavours aligned with industry standard levels of support;
   Customer:	means the organisation which has entered into the Agreement with Jacobs for a subscription to Flood Platform;
   Customer Site:	means premises owned or otherwise occupied by Customer where the Customer is using Flood Platform;
   Customer Cause:	means any of the following causes: any improper use, misuse or unauthorised alteration of Flood Platform or Service by the Customer; or any use of Flood Platform by the Customer in a manner inconsistent with the then-current Documentation; or the use by the Customer of any hardware or software not provided by Jacobs or specified in the Documentation;
   Documentation:	means the documents made available to the Customer by Jacobs online via Flood Platform or such other web address notified by Jacobs to the Customer from time to time, setting out a description of the functions of Flood Platform and background information;
   Escalation Contact Details:	means the persons to whom Support Queries can be escalated pursuant to paragraph 5, in the event that the Support Service Levels are not met;
   Error:	means any failure of Flood Platform to operate in accordance with the Documentation including any failure or error referred to in the Service Level Table in clause 5.4;
   First Tier Support:	means any support provided by help desk technicians sufficiently qualified and experienced to identify and resolve most support issues relating to Flood Platform;
   Flood Platform:	means Jacobs’ hosted online subscription software as a service known as “Flood Platform” and technical support to be accessed and used by the Customer pursuant to the terms of this Agreement;
   Help Desk Contact Details:	means the e-mail address support@floodplatform.com, support requests submitted via www.help.floodplatform.com, and any additional contact details provided on www.floodplatform.com;
   Out-of-scope Services:	means any services provided by Jacobs in connection with any apparent problem regarding Flood Platform reasonably determined by Jacobs not to have been caused by an Error, but rather by a Customer Cause or a cause outside Jacobs’ control (including any investigation work resulting in such a determination but not including where a third party is appointed by Jacobs);
   Second Tier Support:	means any higher-level support provided by Jacobs’ experts outside First Tier Support. Second Tier Support is only available via First Tier Support.
   Service Levels:	means the service level responses and response times referred to in the Service Level Table in clause 5.4;
   Solution:	means any of the following outcomes: provision of specific advice relating to the use of Flood Platform; unless covered by a separate consultancy or services agreement, the provision of up to one hour’s general advice relating to the use of Flood Platform; a process for resolving an issue that is reasonably acceptable to the Customer that may involve: the correction of an Error in an acceptable timescale that itself may be dependent on the complexity of the issue or issues identified; or a workaround in relation to an Error (including reversal of any changes to Flood Platform if deemed appropriate by Jacobs);
   Specification:	means the specifications of Flood Platform as set out in the Documentation.
   Support Hours:	means normal business hours in the United Kingdom and Australia, 9AM to 5PM, Mondays to Friday excluding all public holidays;
   Support Issue:	means any matter requiring the support in relation to Flood Platform, including correction of an Error;
   Support Request:	means written request made by the Customer in accordance with this Policy for support in relation Flood Platform, including correction of an Error;
   Support Services:	means maintenance of the then-current version or release of Flood Platform, including First Tier Support and Second Tier Support, but excluding any Out-of-scope Services.

2. SUPPORT SERVICES.

   1. During the Subscription Term, Jacobs will use Commercially Reasonable Efforts to perform the Support Services during the Support Hours in accordance with the Service Levels.

   2. As part of the Support Services, Jacobs will:

      1. provide First Tier and Second Tier Support in response to Support Requests made by means of the Help Desk Contact Details. ;

      2. commit appropriate resources to the provision of First Tier and Second Tier Support;

      3. use Commercially Reasonable Efforts to correct all Errors notified under clause 4; and

      4. provide technical support for Flood Platform accordance with the Service Levels.

   3. Outside the Subscription Term, for the provision of Out-of-scope Services and for undertaking work at the Customer Site, the following provisions apply:

      1. the Customer may commission Jacobs to provide individual consultancy and development work in connection with Flood Platform (“Individual Consultancy”). Jacobs is under no obligation to accept a request for individual consultancy from the customer and in agreeing to do so the Customer and Jacobs will enter into an appropriate legally binding agreement for the delivery and payment of the Individual Consultancy.

   4. Except as agreed under paragraph 2.3, Jacobs may reasonably determine that any items are Out-of-scope Services. If Jacobs makes any such determination, it shall promptly notify the Customer of that determination.

   5. The Customer acknowledges that Jacobs is not obliged to provide Out-of-scope Services.

   6. For the avoidance of doubt, Out-of-scope Services include:

      1. support with respect to impairments of use of Flood Platform caused by improper operation of Flood Platform, or use thereof outside the intended hardware and software environment, unilateral modifications of Flood Platform by the Customer or a third party not acting on behalf of Jacobs, malfunctioning of the hardware or software environment, force majeure and other matters not attributable to Flood Platform;

      2. support outside the Support Hours;

      3. support for any item which falls outside the provision of Flood Platform and access to Flood Platform;

      4. support for Flood Platform, where updates or other measures to correct the error, provided by a third party service provider have not been installed by the Customer and where the error would have been cured by such updates or bug fixes (for example routine operating system and web browser updates for Customer devices);

      5. services that become necessary due to customer’s failure to cooperate with reasonable requests;

      6. Individual Consultancy as described in paragraph 2.3;

      7. support with respect to how to use (i.e. build, run, and any postprocessing) and analysis outside of Flood Platform for any of the applications that work within Flood Platform (i.e. Flood Modeller, TUFLOW, HEC-RAS and EPA SWMM). Support for these need to be purchased separately and may/may not be available from Jacobs. Support for these, if available from Jacobs, will need to be purchased separately in accordance with paragraph 2.3; and

      8. any failure by third parties on which Jacobs relies. Such third parties include, without limitation, Azure (the Platform), Ping (Security Access), Salesforce (Tickets, Knowledge Base,), and WIBU (TUFLOW and Flood Modeller licencing).

3. CUSTOMER RESPONSIBILITIES.

   1. The Customer is responsible for all issues, failures and costs associated with.

      1. Errors in the Asset Library being uploaded to Flood Platform

      2. Missing Asset Library data that is needed for data processing or model simulation

      3. Model simulations that fail due to the solver, the model configuration or either (a) and (b) above (e.g. model instabilities or data file errors)

4. SUBMITTING SUPPORT REQUESTS AND ACCESS.

   1. The Customer must request Support Services by submitting a Support Request through of any one of the means detailed in the Help Desk Contact Details.

   2. Each Support Request shall include a description of the problem (to include reproduction steps, and if possible, Model ID, screen shots and/or videos, as well as a weblink/URL to the issue), the start time of the issue, and the time zone the Customer is working in.

   3. At its own expense, the Customer shall provide to Jacobs:

      1. prompt notice of any Errors; and

      2. such output and other data, documents, information, assistance and (subject to compliance with all Customer’s security and encryption requirements notified to Jacobs in writing) remote access to the Customer’s Systems, as are reasonably necessary to assist Jacobs to reproduce operating conditions similar to those present when the Customer detected the relevant Error and to respond to the relevant Support Request.

   4. All Support Services shall be provided by Jacobs from its usual locations.

   5. Jacobs will endeavour to resolve all technical issues remotely through acting on Flood Platform. In the very unlikely event that a local configuration issue persists the Customer acknowledges that, to properly assess and resolve Support Requests, it may be necessary to permit Jacobs direct access at the Customer Site to the Customer’s Systems and the Customer’s files, equipment and personnel. Such access will be agreed in advance and limited to the necessary level of access required to resolve the Support Issue.

   6. The Customer shall provide such access promptly, provided that Jacobs complies with all the Customer’s security requirements and other policies and procedures relating to contractors entering and working on the Customer Site notified to Jacobs.

5. SERVICE LEVELS.

   1. Jacobs operates two tiers of Support.

   2. First Tier Support

      1. First Tier Support represents the initial and only point of contact for any communication in relation to a new support issue from the Customer to Jacobs.

      2. First Tier Support is responsible for the acceptance and coordination of the Customer’s support requests. As part of First Tier Support, Jacobs will:

      3. with the assistance of the Customer, collect any such additional information, data and documents that are necessary to reproduce and analyse to triage the Support Issue. On time critical issues, any measurement of response time will only start after Jacobs has received all relevant data from the Customer to reproduce the issue;

      4. undertake a triage analysis to better understand whether the Support Issue is an Error or whether the issue can be resolved by support assistance alone;

      5. provide an initial brief assessment of the Support Issue within one (1) business day of receipt of all the necessary data to reproduce the issue;

      6. continue to provide the Customer with regular feedback on the status of any activities and rectification efforts until there has been an agreed resolution of the issue;

      7. correct errors that can be fixed without having access to the source code of the maintained products;

      8. advise the Customer on the handling and circumvention of any error (if possible), and,

      9. engage the assistance of, and forward error messages and related information to the Second Tier Support (if needed).

   3. Second Tier Support

      1. As part of the Second Tier Support, Jacobs will be responsible for maintenance services which First Tier Support is unable to handle with its own technical means and skills. Second Tier Support is only accessible after First Tier Support has been requested by Customer, and only through the Help Desk Contact Details provided in clause 2.2. Second Tier Support shall not be accessible directly by the Customer.

      2. As a further part of the Second Tier Support, Jacobs will:

      3. wherever or whenever possible, advise First Tier Support on the handling and circumvention of issues and errors; and

      4. initiate any activities directed towards remedying the error (particularly patches and service packs).

   4. Jacobs will:

      1. prioritise all Support Requests based on its reasonable assessment of the severity of the problem reported; and

      2. respond to all Support Requests in accordance with the responses and response times specified in Table 1: Service Levels, below.

      Table 1: Service Levels

      Error Level	Definition	Service Level Response and Response Time
      1	Serious Software Error: An error in, or failure of, the Service or Software that: a) materially impacts the operations of the Customer’s business or marketability of its service or product; b) prevents necessary work from being done; or c) disables major functions of the Service or Software from being performed.	Service Level 1 Response: Automatic acknowledgment of receipt of a Support Request. Initial triage of Support Issue within one (1) business day of receipt of enough additional information, data and documents to reproduce and analyse to triage the apparent error. Service Level 2 Response: Jacobs shall: a) work to understand and resolve the apparent error and provide an updated response within two (2) business days of the Level 1 response; and b) exercise Commercially Reasonable Efforts until full resolution of issue is provided. Service Level 3 Response: Jacobs shall work on the problem continuously and implement a Solution as soon as reasonably practicable to the Customer. If Jacobs delivers a Solution by way of a workaround reasonably acceptable to the Customer, the severity assessment shall be reduced as determined by Jacobs.
      2	Major Defect with Workaround: a) a critical error in the Service or Software for which a work- around exists; or b) a non-critical error in the Service or Software that affects the operations of the Customer’s business or marketability of its service or product, but does not stop work.	Service Level 1 Response: Automatic acknowledgment of receipt of a Support Request. Initial triage of Support Issue within one (1) business day of receipt of enough additional information, data and documents to reproduce and analyse to triage the apparent error. Service Level 2 Response: Jacobs shall, within three business days after the Level 1 Response time has elapsed, work to understand and resolve the apparent error and provide an updated response within three (3) business days of the Level 1 response and provide a workaround and/or a temporary fix (if possible), which allows the Customer to continue to use all functions of the Service or Software in all material respects. Service Level 3 Response: Jacobs shall provide a permanent Error correction as soon as practicable and provide an indication of when a fix will be scheduled for release within the currently anticipated release cycle.
      3	Minor Error: An isolated or minor error in the Service or Software that: a) does not significantly affect the Service or Software functionality; b) may disable only certain non-essential functions; or c) does not materially impact the Customer’s business performance.	Service Level 1 Response: Automatic acknowledgment of receipt of the Support Request. Initial triage of Support Issue within one (1) business day of receipt of enough additional information, data and documents to reproduce and analyse to triage the apparent error. Service Level 2 Response: Jacobs shall provide a permanent Error correction as soon as practical and provide an indication of when a fix will be scheduled for release within the currently anticipated release cycle.
      4	Support Request: A request for help in relation to advice on data settings for the Asset Library, or a request for up to one (1) hour’s general advice, per seat in any one 28 day period, relating to the use of Flood Platform for the purposes of flood simulation.	Service Level 1 Response: Automatic Acknowledgment of receipt of the Support Request. Service Level 2 Response: Hold such discussions within three (3) business days of initial request.

   5. Jacobs and the Customer may, on a case-by-case basis, agree in writing to a reasonable extension of the Service Level response times.

   6. Jacobs shall give the Customer regular updates of the nature and status of its efforts to correct any Error.

6. UPTIME

   1. Jacobs shall, subject to paragraph 2.6, use Commercially Reasonable Efforts to make Flood Platform available twenty-four hours a day, seven days a week, except for when planned and unscheduled maintenance need to be carried out. Both planned and unscheduled maintenance will be undertaken at times to cause the least disruption and with as much advance notice as possible.

7. DATA RESILIANCE

   1. Data resilience is based on Microsoft Azure Locally Redundant Storage (LRS): LRS stores three copies of your data that all reside within a single data centre. The data is written across all three copies synchronously.

   2. LRS storage provides a resiliency of 11 nines (99.999999999 %) over a given year. While LRS storage protects your data from drive or server rack failures, the availability of data would be impacted if an outage ever affects the data centre used to host Flood Platform.

8. FURTHER SUPPORT

   1. If a Solution is not provided within the relevant Service Level response time, the Customer may escalate the Support Request to Jacobs’ management as set out below:

      1. The initial escalation pathway is to contact Customer Support and ask for escalation to the Technical Director; and

      2. The final level of escalation is to ask for the Product Director/Solution Owner.

9. COMMUNICATIONS

   1. In addition to the mechanisms for giving notice specified in clause 8 of the Agreement, the parties may communicate in respect of any matter referred to in this Policy by e-mail (unless specified otherwise).