SERVICES AGREEMENT

Agreement Published on February 24, 2023

This Zavia ERP Service Level Agreement ("SLA") is a policy that governs the use of Zavia ERP and/or ZAVIA TRAVEL (hereinafter “ZAVIA ERP”) and applies independently to each client using the ZAVIA ERP systems. In the event of a conflict between the terms of this SLA and the terms of the Customer Agreement or other agreement with us governing the use of our Services, the terms and conditions of this SLA apply, but only to the extent of such conflict.

SERVICE COMMITMENT

ZAVIA ERP will make commercially reasonable efforts so that the services contracted by the CLIENT are available with a Monthly Uptime Percentage of at least 98% during any monthly billing cycle. In the event that ZAVIA ERP does not comply with the Monthly Activity Time Percentage commitment, the CLIENT will receive a discount for the Service, as described below.

Service discounts are calculated as a percentage of the charges that the CLIENT will pay for contracted services that did not meet the commitment of the Monthly Uptime Percentage in a billing cycle according to the following table:

We will apply the Service discounts on the next invoice for the current month in which the unavailability occurred. Discounts for service unavailability will not entitle you to any refund or other payment from ZAVIA ERP. Service outage discounts cannot be transferred or applied to any other future invoice. Your sole and exclusive remedy for any unavailability or non-performance or other failure on our part in providing the ZAVIA ERP services is the Service discount in accordance with the terms of this SLA.

CORRECTIVE MAINTENANCE SERVICE AND/OR TECHNICAL SUPPORT AND/OR CLAIM OF UNAVAILABILITY

The corrective maintenance service and/or technical support of the Zavia Erp software systems contracted by The Client, will be resolved by Zavia Erp's trained personnel and includes queries, incident resolution and technical emergencies that The Client may have in relation to to the operation of contracted Zavia Erp software systems.

In the event that the client, through its active collaborators in the Zavia Erp system, needs to make a query, report an incident, express a technical urgency, regarding the contracted Zavia software systems, or needs to make a formal claim for not complying with the Percentage of Monthly Activity Time of the ZAVIA ERP system in accordance with the aforementioned table, requests will be received as follows:

a) The client must: make a query, report an incident or manifest a technical urgency to the email [email protected], and the system will automatically generate an incident/ticket number that will allow the case to be followed up so that it can be resolved by a customer service agent. Zavia Erp support. Office hours are 24/7, 365 days a year.

b) Internal chat within the Zavia PMS platform. Office hours: Monday through Friday from 9:00 a.m. to 7:00 p.m., Saturdays and Sundays from 9:00 a.m. to 5:00 p.m. Schedules based on Cancun.

c) WhatsApp to the number 529981978648. Office hours: Monday through Friday from 9:00 a.m. to 7:00 p.m., Saturdays and Sundays from 9:00 a.m. to 5:00 p.m. Schedules based on Cancun.

The procedure, once the corresponding ticket is received and issued, the Zavia Erp team will have up to 30 days to make a diagnosis and provide a response to the client in which it will be indicated if the problem was solved or the time it will take to make the modifications to the system and it is resolved.

OVERSELLING AND RELOCATION COSTS

ZAVIA ERP is not responsible for system overbooking, in general or by category, relocation costs, reservation cancellations, migrated reservations, rate upgrade costs; Likewise, it is not responsible for changes in the names of room categories and changes in rate names, which may affect the configuration of the third-party system made by the CLIENT.

REGISTRATION AND TERMINATION OF EMPLOYEES IN THE ZAVIA ERP SYSTEM

The CLIENT will be responsible for timely notifying ZAVIA ERP of the withdrawal of collaborators from the system, since ZAVIA ERP is not responsible for the misuse that they could give to the CLIENT's information and system, collaborators who no longer work with it. .

ZAVIA ERP SLA exclusions

The Service Commitment does not apply to any unavailability, suspension or termination of ZAVIA ERP, or any other performance issue of ZAVIA ERP:

(a) caused by factors beyond our reasonable control, including any force majeure event or Internet access;

(b) resulting from any voluntary action or inaction by you or a third party;

(c) that result from your equipment, software or other technology and/or third party equipment, software or other technology;

(d) that result from any maintenance of the system, whether by ZAVIA ERP or by a third party, as long as ZAVIA ERP notifies the CLIENT in advance of the same;



(e) as a consequence of the suspension and cancellation on our part of your right to use the ZAVIA ERP systems in accordance with the provisions of the AGREEMENT.