Oracle CRM On Demand

Customer Care Services Policies – November 2, 2006

1. Standard Customer Care

1.1 Provided that you have paid any applicable Customer Care fees, Oracle shall provide Oracle CRM On Demand Customer Care Services (referred to below as “Customer Care Services”) for (a) customers for the then current version of the On Demand Service subject to the terms of your Oracle CRM On Demand User Agreement, and (b) for developers for the then current version of the CRM On Demand Developer Service subject to the terms of your Oracle CRM On Demand Development Addendum. Customer Care Services are effective upon the effective date of the service set forth in the underlying Oracle CRM On Demand User Agreement or Oracle CRM On Demand Development Addendum, as applicable (referred to below as the “Relevant Oracle CRM On Demand Service”), and shall end at the termination of such underlying service. Oracle will use reasonable commercial efforts to cure, as described below, reported and verifiable errors in the Relevant Oracle CRM On Demand Service, so that the Relevant Oracle CRM On Demand Service performs substantially in accordance with its online documentation under normal use and circumstances.

1.2 It is the recommended standard that you establish and maintain the organization and processes to provide “First Line Support” for the Relevant Oracle CRM On Demand Service, directly to its Users. First Line Support shall include but not be limited to (i) a direct response to Users with respect to inquiries concerning the performance, functionality or operation of the Relevant Oracle CRM On Demand Service, (ii) a direct response to Users with respect to problems or issues with the Relevant Oracle CRM On Demand Service, (iii) a diagnosis of problems or issues of the Relevant Oracle CRM On Demand Service, and (iv) a resolution of problems or issues of the Relevant Oracle CRM On Demand Service. If after reasonable commercial efforts you are unable to diagnose or resolve problems of the Relevant Oracle CRM On Demand Service, your technical contacts may contact Oracle CRM On Demand Customer Care.

1.3 It is the recommended standard that your technical contacts are trained representatives of your company. Such training shall include initial basic product training and, as needed, supplemental training appropriate for specific role or implementation phase and specialized usage of the Relevant Oracle CRM On Demand Service. Your technical contacts are the sole liaisons between you and Oracle with respect to the Support Services. Oracle may review service requests logged by your technical contacts, and may recommend specific training to help avoid service requests that would be prevented by such training.

1.4 Oracle shall establish and maintain the organization and processes to provide Customer Care Services to you for the Relevant Oracle CRM On Demand Service. Such Customer Care Services may include (i) a diagnosis of problems or issues of the Relevant Oracle CRM On Demand Service, and (ii) reasonable commercial efforts to resolve reported and verifiable errors in the Relevant Oracle CRM On Demand Service so that the Relevant Oracle CRM On Demand Service performs in all material respects the functions described in the associated online documentation under normal use and circumstances. Oracle may, in its discretion, provide Customer Care Services directly to Users who contact Oracle CRM On Demand Customer Care.

1.5 Customer Care Services shall be provided primarily through the Oracle CRM On Demand Customer Care Web-based portal (the “Customer Care Web Portal”), subject to the Terms of Use posted on the Customer Care Web Portal, which are subject to change. The Customer Care Web Portal will generally be accessible on a 24x7 basis, excepting any downtime experienced due to periodic maintenance or network unavailability. Customer Care Services may be provided secondarily through e-mail and limited telephone support as provided during Oracle CRM On Demand Customer Care's normal business hours, which are 6:00 a.m. to 6:00 p.m. your local time on regular business days, your local holidays excepted.

1.6 Oracle CRM On Demand Standard Customer Care Response Time. Oracle will begin work on the Relevant Oracle CRM On Demand Service issue within one (1) business day of notification during Oracle CRM On Demand Customer Care's normal business hours.

2. Gold Customer Care

In addition to the Standard Customer Care Services provided to you as set forth herein, if you pay the applicable Gold Customer Care fees, you will receive the following Gold Customer Care for the Relevant Oracle CRM On Demand Service:

• 24x7 Customer Care. Gold Customer Care telephone support is provided 24 hours a day, 7 days a week. 24 x 7 service may include pager service during off peak hours.
• Oracle CRM On Demand Gold Customer Care Response Time. Oracle will begin work on the Relevant Oracle CRM On Demand Service issue within four (4) hours of notification.

3. Updates

Oracle shall, from time to time, in its sole discretion, make Updates to the Relevant Oracle CRM On Demand Service, available to you at no additional charge. Such Updates shall replace the previous version of the Relevant Oracle CRM On Demand Service.

4. Customer Care Fees

Annual fees for Customer Care Services as described herein shall be as set forth in the Order Form or in the Oracle CRM On Demand Development Addendum.

5. Excluded Services

The following services are outside the scope of the Customer Care Services:

5.1 Service which becomes necessary due to: (i) failure of computer hardware or equipment or software not covered by these Policies; or (ii) any cause or causes beyond the reasonable control of Oracle (e.g., floods, fires, loss of electricity or other utilities), negligence of you or any third party, operator error, improper use of hardware or software or attempted maintenance by unauthorized persons.

5.2 Services performed at your site unless the parties mutually agree otherwise by separate written agreement.

6. General

6.1 These Customer Care Policies are subject to change at Oracle’s discretion. Customer Care Services for the Relevant Oracle CRM On Demand Service is provided pursuant to these Policies. You may not obtain support for the Oracle CRM On Demand Service or the Oracle CRM On Demand Developer Service via Oracle Support Services or Oracle’s Technical Support Services.

6.2 Oracle reserves a periodic window for system maintenance of the Oracle CRM On Demand Service and the Oracle CRM On Demand Developer Service ("Scheduled Maintenance Window") and may also need to perform system maintenance at other intervals, during which time the Relevant CRM On Demand Service will not be available to you. To determine Oracle's current Scheduled Maintenance Window, please refer to the posted alerts in the Customer Care section in your Relevant Oracle CRM On Demand Service. Oracle may change the Scheduled Maintenance Window in its discretion from time to time.

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