1. Subscription Fees. During the Subscription Term, Customer will pay a recurring monthly subscription fee (the “Subscription Fees”), based on the greater of (a) the actual number of Users for whom Predictive Behavioral Routing (“PBR”) is deployed in each month, or (b) the Baseline Users, as provided in the Order. Subscription Fees will be invoiced annually in advance for the Baseline Users on the Order effective date and each anniversary of the Go-Live Date thereof. User Variance Fees (if any) will be invoiced monthly in arrears. The number of Users may be increased by Customer during the Subscription Term through a change request to NICE. On not less than ninety (90) days’ written notice prior to each anniversary of the first day of the Subscription Term, NICE may increase the per-User Subscription Fees, provided that no such increase shall exceed three percent (3%) of the preceding year’s per-User Subscription Fees.
2. Definitions. For purposes of this Attachment, the words below shall have the following meanings:
a. “Average Handle Time” means for purposes of this Schedule (a) the total amount of time, for all calls, between when a User receives a routed call and the time the call ends (inclusive of holds and silence and after call work), divided by, (b) the total number of calls.
b. "Handle Time” means call time that includes Talk Time, holds, silence, and after call work, as may be further defined in the Requirements Document.
c. “Lift” means the change in a Performance Metric, as measured by comparing the Performance Metric results of Reportable Calls in the Control Group and the Performance Metric results of Reportable Calls in the Test Group, excluding any applicable Performance Events.
d. “Overall Lift” means the change across all Performance Metrics applicable to the PBR Cloud Service. If there is more than one Performance Metric, then the weight of each Performance Metric shall be based upon the total Reportable Calls associated with the applicable Performance Metric.
e. “Performance Event(s)” means any of the following, which may result in NICE’s exclusion of the affected month(s) from the Lift calculation: (a) Customer’s election to go inactive or passively route calls outside of periods specified as part of the Control Group; (b) fewer than forty percent (40%) of in-scope calls resulting in a route request being influenced by the Cloud Service, as defined in the Requirements Document; (c) fewer than ninety percent (90%) of in-scope calls, as defined in the Requirements Document, resulting in a route request sent to the Cloud Service; (d) any Force Majeure Event; (e) less than eighty percent (80%) of in-scope call volume having an associated outcome for the Performance Metric; or (e) any failure by Customer or its suppliers, including any of the following (i) any failure to perform Customer’s obligations hereunder or under the Agreement, (ii) Customer’s systems operating in an overloaded or unreliable state and unable to reliable service requests made by the Cloud Service, (iii) Customer’s systems not providing the necessary software licenses, as defined in the Requirements Documents, to service the request made by the PBR Cloud Service, (iv) any failure in or material change to Customer’s systems that are used in connection with the Cloud Services or any non-NICE provided components, (v) failure to provide to NICE six (6) months or more of call performance history relevant to the Performance Metric.
f. “Performance Metric” means the metric for which the PBR Cloud Services deployment is optimized. Unless otherwise provided for in the applicable Requirements Document, the Performance Metric shall be Average Handle Time.
g. "Reportable Calls” means all call records for which there are: (i) an associated outcome for the Performance Metric; (ii) an associated route request sent to the PBR Cloud Services; (iii) at least fifteen (15) seconds of Talk Time; (iv) no more than three (3) hours of Handle Time; and (v) an associated agent identifier. Unless otherwise specified in the Requirements Documents, the PBR Cloud Services will be delivered in a toggled pattern of “active mode” for fifteen (15) minutes, to form the Reportable Calls of the group influenced by the Cloud Services (the “Test Group”), and “passive mode” for four (4) minutes, to form the Reportable Calls of the group not influenced by the Cloud Services (the “Control Group”).
h. “Talk Time” means call time that is not inclusive of holds or after call work, as may be further defined in the Requirements Document.
3. Commitment Level. The PBR Cloud Services will meet or exceed an Overall Lift of one percent (1%) (the “LiftSLA”), as measured every twelve (12) months of the Subscription Term (each a “Performance Review Period”), which shall be provided to Customer within thirty (30) days of completion of the Performance Review Period.
4. In the event that the PBR Cloud Services actual Overall Lift does not meet or exceed the Lift SLA for a Performance Review Period, Customer may request a credit be applied against the next Subscription Fees invoice in the amount of: a) the actual Overall Lift during the Performance Review Period, divided by b) the Lift SLA, and then c) multiplied by the applicable Subscription Fees for the Performance Review Period (a “Performance Level Credit”). In no event shall the Performance Level Credit in combination with any other credits under this Schedule result in an overall refund greater than 100% of the applicable Subscription Fees. Notwithstanding the foregoing, Customer shall not be eligible for a Performance Level Credit in the event that a Performance Event(s) occurred in six (6) or more months within a Performance Review Period.
5. Requests for a Performance Level Credit must be submitted to NICE within forty-five (45) days following completion of the Performance Review Period in which the Lift fell below the Lift SLA. NICE considers a request for a Service Level Credit following its receipt from Customer of a written request including the following details:
a. Customer name;
b. Case number (if applicable); and
c. Date(s) of the failure to meet or exceed the Lift Event.
