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Service Level Agreement

Last updated: November 2021

The following Service Level Agreement (SLA) supplements the SELECT Program Agreement, including Exhibit F Bentley Cloud Offerings. In the event there is a conflict between this SLA and the SELECT Program Agreement, this SLA shall prevail. This SLA shall apply to specific Bentley Cloud Offerings only when attached to or incorporated by reference to an applicable commercial offering document, such as a quotation, proposal, or order form. If a commercial offering document does not include this SLA as an attachment or by reference, it shall not apply to that Cloud Offering.

Availability Commitment

Bentley shall provide System Availability per Table 1 below.

Table 1 – Availability

Availability CommitmentSystem Availability Period
99.9%24×7

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Bentley shall measure performance against the Availability Commitment during a calendar month based on the following calculation:

Minutes Availability % = Available Minutes – Unscheduled Downtime/ Available Minutes

  • Users will be given notice of Maintenance Windows which will be used to apply required patches to the IT infrastructure to ensure the continued security, availability, and performance of the system. Wherever practical, Maintenance Windows will occur outside of Subscriber’s core business hours.
  • The Availability Commitment excludes downtime due to Scheduled Maintenance.
  • Unscheduled Downtime is calculated from the minute it is clearly reported by the Subscriber to Bentley, until Bentley reports it fixed or mitigated. Bentley may subtract from the calculated downtime any time waiting for a response from the Subscriber
  • Only “Critical” Incidents (Table 3 below) will be considered as Unscheduled Downtime in the above Availability calculation.
  • Where Bentley provides multiple production services, identified by different Universal Resource Locators (URLs), the availability will be calculated for each URL.

Remedies

Bentley shall provide Subscriber remedies for any Bentley failure to meet the Availability Commitment during any
single calendar month (the “Cover Period”). Upon the first instance per URL, Bentley shall make a good faith effort
to understand the cause and make reasonable repairs to prevent the failure from occurring again. Upon any
subsequent instance, in addition to the remedy set forth above, Bentley shall also provide a Service Credit to Subscriber as described in Table 2. If the Monthly Subscription covers multiple Fully Qualified Domain Names
(FQDNs), the remedy will be based off a part of the Monthly Subscription proportional to the usage of that FQDN.

Table 2 – Remedies

Availability Service Credit
98 % — 99.8%2% of Monthly Subscription for affected Service
95 % — 97.9%4% of Monthly Subscription for affected Service
Below 95%5% of Monthly Subscription for affected Service

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Bentley will apply any Service Credits only against future amounts due from Subscriber for Hosting Fees. Service Credits will not entitle Subscriber to any refund or payment from Bentley. Unless claimed within ninety (90) Days
following the end of the Cover Period to which they correspond, all Service Credits are waived with respect to that period of service. Subscriber agrees that the Service Credits set forth herein are Subscriber’s sole and exclusive
remedy, and Bentley shall have no further liability, for any failure by Bentley to meet the Availability Commitment or System Availability Period.

In respect of all other claims, losses, or damages, whether arising from tort (including negligence), breach of contract, or otherwise under or in connection with this SLA, shall in no event exceed the applicable monthly
subscription fees during which the event giving rise to the liability occurs.

Support Objectives

Bentley will, in consultation with the Subscriber, be responsible for classifying each reported, verifiable and
reproducible incident per Table 3 and will use commercially reasonable efforts to resolve such incidents in
accordance with the targets specified in Table 4.

Table 3 – Priority Classification

NameClassificationDescriptionExample
Priority 1
(P1)
CriticalSystem Down
A complete loss of cloud service – no user can
interact with the service
Users at multiple sites cannot access
the system and no workaround
exists.
Priority 2
(P2)
HighIncident which impairs the users’ ability to maintain business operation causing a severe degradation of service or resulting in some important functionality being unavailable.
Operations can continue in a restricted fashion.
Users can access system however
there is material degradation of functionality or performance
Priority 3
(P3)
MediumIncident which causes a loss of some
important functionality.
interact with the service
A service is not available causing inconvenience, however, business operations can continue without major disruption the system and no workaround exists.
Priority 4
(P4)
LowIncident which has little or no significant
impact on the business. Low impact & low
urgency.
The behavior varies from user expectations, but normal business operations can continue.

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Table 4 – Incident Response and Resolution Targets

PriorityResponse TargetResolution TargetUpdate Interval
P1 – Critical1 HourSee below*1 Hour
P2 – High2 Hours1 Business Day1 Business Day
P3 – Medium4 Hours10 Business Days5 Business Days
P4 – Low8 HoursMutually AgreedMutually Agreed

*Critical incidents will be forwarded immediately and worked continuously by qualified team members until it is resolved, or an acceptable workaround is delivered to reduce the priority.

Response, Resolution and Update target levels are indicators and serve as benchmarks for the Bentley Support teams.

“Response Times” and Resolution Times” commence from the point in time accurate and complete information regarding the incident or interruption is correctly entered in Bentley’s Incident Tracking system.
If the resolution of any P2, P3 or P4 issue requires an update, fix or patch to the relevant Bentley commercial
software product resulting in a modification of standard COTS or customized code, then additional development, testing and release tasks will be required to ensure the quality of the product release. Bentley’s support obligations in these instances, including response times, shall not be governed by this SLA, but rather
the SELECT Program Agreement or other relevant governing agreement executed by Subscriber and Bentley
shall apply.

“Business Day” for support of P2 though P4 incidents is defined as Monday through Friday inclusive excepting
Public Holidays in the location where support is provided.

Bentley has designed the systems to meet the recovery time and point objectives described in Table 5 and shall
use commercially reasonable efforts meet them in the event of a system failure.

Table 5 – System Disaster Recovery Objectives

Recovery Time Objective (RTO)Recovery Point Objective (RPO)
8 Hours1 Hour

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Limitations

This SLA and any applicable Service Levels do not apply to any performance or availability issues:

  1. Due to factors outside our reasonable control (for example, natural disaster, war, acts of terrorism, riots, government action, or a network or device failure external to our data centers, including at Subscriber’s site or between Subscriber’s site and Bentley’s data center);
  2. That result from the use of services, hardware, or software provided by Subscriber, including, but not limited to, issues resulting from inadequate bandwidth or related to third-party software or services;
  3. Caused by Subscriber’s use of a Service after instruction from Bentley to modify use of the Service;
  4. During or with respect to preview, pre-release, beta or trial versions of a Service, feature or software (as determined by Bentley);
  5. That result from Subscriber’s unauthorized action or lack of action when required, or from Subscriber’s
    employees, agents, contractors, or vendors, or anyone gaining access to Bentley network by means of Subscriber’s passwords or equipment, or otherwise resulting from Subscriber’s failure to follow appropriate security practices;
  6. That result from faulty input, instructions, or arguments (for example, requests to access files that do not exist);
  7. That result from use of sandbox, proof of concept, development, QA, or other non-production systems
    unless explicitly included by Bentley Systems.

Service Termination and Subscriber’s Data

Upon termination of the Service, Bentley will deactivate any remaining Subscriber accounts and upon written request provide an export of Subscriber’s data in a standard, generally accepted electronic form within ten (10) business days, and places no restrictions on its use by the Subscriber. Unless otherwise requested, Bentley will delete all copies of Subscriber’s data from its servers within two (2) weeks of being notified that the Subscriber has successfully read the files, or within four (4) weeks of the data being provided if no confirmation or
associated Service Request is received.

Note: it may take up to an additional 30 days for back-ups of that data to expire.