Terms

5th International US INC.

1.1. ATTENTION! THE FOLLOWING TERMS AND CONDITIONS WILL BE LEGALLY BINDING ON CUSTOMER UPON EXECUTION OF THE 5TH FINGER STANDARD LICENSE AGREEMENT. CUSTOMER SHOULD CAREFULLY READ THE FOLLOWING TERMS OF SERVICE BEFORE EXECUTING THE AGREEMENT.

1.2. Terms of Service. Customer acknowledges and agrees to the following terms of service, which together with the terms of the license agreement entered into between Customer and 5th International US, Inc. ("5th Finger"), shall govern Customer's access and use of the Service (the "Agreement"). Capitalized terms not otherwise defined herein shall have the meaning given to them in the Agreement signed by Customer. In addition, Customer agrees that unless explicitly stated otherwise, any new features that augment or enhance the Service, and/or any new service(s) subsequently purchased by the Customer will be subject to this Agreement.

1.3. Customer Must Have Internet Access. Customer must have or must obtain access to the World Wide Web, either directly or through devices that access Web-based content. Customer must also provide all equipment necessary to make such (and maintain such) connection to the World Wide Web. Customer understands that DSL, cable, or other high speed Internet connection is required for proper performance of the Service.

1.4. Accuracy of Customer's Contact Information. Customer agrees to provide accurate, current and complete information on Customer's legal business name, billing address, email address, and phone number, and maintain and promptly update this information if it should change.

1.5. Passwords, Access, And Notification. Customer agrees that Customer is prohibited from sharing passwords, keys and/or user names with any unauthorized user. Customer will be responsible for the confidentiality and use of Customer's user's passwords, keys and user names. Customer will also be responsible for all Electronic Communications, including those containing business information, account registration, account holder information, financial information, Customer Data, and all other data of any kind contained within emails or otherwise entered electronically through the Service or under Customer's account. 5th Finger will act as though any Electronic Communications it receives under Customer's passwords, user name, and/or account number will have been sent by Customer. Customer agrees to immediately notify 5th Finger if Customer becomes aware of any loss or theft or unauthorized use of any of Customer's passwords, keys, user names, and/or account number.

1.6. Customer's Lawful Conduct. The Service allows Customer to send Electronic Communications directly to 5th Finger and to third-parties. Customer agrees to comply with all applicable local, state, federal, and foreign laws, treaties, regulations, and conventions in connection with its use of the Service, including without limitation those related to privacy, electronic communications, export and anti-spam legislation and shall obtain any permits or licenses required for such compliance. Customer will not send any Electronic Communications from the Service that are unlawful, harassing, libelous, defamatory, or threatening. Except as permitted by this Agreement, no part of the Service may be copied, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means. Customer agrees not to access the Service by any means other than through the interfaces that are provided by 5th Finger. Customer shall not license, rent, sell, lease, transfer, assign, distribute, display, host, outsource, disclose, or otherwise commercially exploit or make the Service available to any unauthorized user, including but not limited to, by "mirroring" or "framing" any part of the Service, or by creating Internet links to the Service which include log-in information, user names, passwords, and/or secure cookies. Customer will not upload, post, reproduce or distribute any information, software or other material protected by copyright or any other intellectual property right (including but not limited to rights of publicity and privacy) without first obtaining the permission of the owner of such rights. Customer will not in any way express or imply that any opinions contained in Customer's Electronic Communications are endorsed by 5th Finger. Neither Customer, nor someone acting on Customer's behalf, will use the Service to target for solicitation any 5th Finger customers for purposes of providing any competitive product. Customer shall ensure that any use of the Service by Customer's employees (or Customer's other authorized users) is in accordance with the terms and conditions of this Agreement.

1.7. Third-Party Software. Customer agrees to use third party software necessary for accessing the Service, including, but not limited to, "browser" software that supports a data security protocol compatible with the protocol used by 5th Finger. Customer agrees that 5th Finger is not responsible for notifying Customer of any upgrades, fixes or enhancements to any such software; or for any compromise of data transmitted across computer networks or telecommunications facilities, including, but not limited to, the Internet, which are not owned or operated by 5th Finger.

1.8. Transmission of Data. Customer understands that the technical processing and transmission of Customer's Electronic Communications is fundamentally necessary to Customer's use of the Service. Customer expressly consents to 5th Finger's interception and storage of Electronic Communications and/or Customer Data, and Customer acknowledges and understands that Customer's Electronic Communications will involve transmission over the Internet, and over various networks, only part of which may be owned and/or operated by 5th Finger. Customer acknowledges and understands that changes to Customer's Electronic Communications may occur in order to conform and adapt such data to the technical requirements of connecting networks or devices. Customer further acknowledges and understands that Electronic Communications may be accessed by unauthorized parties when communicated across the Internet, network communications facilities, telephone, or other electronic means. Customer agrees that 5th Finger is not responsible for any Electronic Communications and/or Customer Data which are delayed, lost, altered, intercepted or stored without authorization during the transmission of any data whatsoever across networks not owned and/or operated by 5th Finger, including, but not limited to, the Internet.

1.9. Links/Third-Party Data. The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because 5th Finger has no control over such sites and resources, Customer agrees that 5th Finger is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. In addition, Customer agrees that 5th Finger is not responsible for any and all third-party information that may be provided to Customer through the Service (e.g. through the integration of the Service with a third party online application).

1.10. 5th Finger's Support. 5th Finger will make commercially reasonable efforts to promote Customer's successful utilization of the Service, including but not limited to providing Customer with User Guides, Knowledge Base and online help. 5th Finger also offers customer support and professional services consultation. Customer acknowledges that 5th Finger has extensive experience helping Customers improve utilization and realization of benefits of the Service, and that not following the advice of 5th Finger or engaging 5th Finger or other 5th Finger authorized implementation partner in the provision of professional services may substantially limit Customer's ability to successfully utilize the Service or to enjoy the power and potential of the Service.

1.11. Trademark Information. 5th Finger®, the 5th Finger logo®, mobilelelements.com® and other 5th Finger service marks, logos and product and service names are marks of 5th Finger (the "5th Finger Marks"). Customer agrees not to display or use the 5th Finger Marks in any manner without 5th Finger's express prior written permission.

1.12. Confidential Information. For purposes of this Agreement, confidential information shall include the terms of this Agreement, Customer Data, and any information that is clearly identified in writing at the time of disclosure as confidential ("Confidential Information"). Each party agrees: (a) to keep confidential all Confidential Information disclosed to it by the other party or by a third-party; (b) not to use the Confidential Information of the other party except to the extent necessary to perform its obligations or exercise rights under this Agreement; and (c) to protect the confidentiality thereof in the same manner as it protects the confidentiality of similar information and data of its own (at all times exercising at least a reasonable degree of care in the protection of such Confidential Information) and to make Confidential Information available to authorized persons only on a "need to know" basis. Either party may disclose Confidential Information on a need-to-know basis to its contractors who have executed written agreements requiring them to maintain such information in strict confidence and use it only to facilitate the performance of their services in connection with the performance of this Agreement. Confidential Information shall not include information which: (1) is known publicly; (2) is generally known in the industry before disclosure; (3) has become known publicly, without fault of the recipient, subsequent to disclosure by the disclosing party; or (4) the recipient becomes aware of from a third party not bound by non-disclosure obligations to the disclosing party and with the lawful right to disclose such information to the recipient. Notwithstanding the foregoing, this Section 2.10 will not prohibit the disclosure of Confidential Information to the extent that such disclosure is permitted by law or order of a court or other governmental authority or regulation. With respect to any information received by either party from the other as a result of any other relationship between the parties other than in the course of performance under this Agreement (i.e., business development, partnership, alliance, etc.), the parties will abide by the terms and conditions of any applicable Nondisclosure Agreement (or similar agreement) executed between the parties.

1.13. License From Customer. Customer understands and agrees that it is 5th Finger's practice to make tape backup copies of the Customer Data in Customer's account. Customer acknowledges and agrees that 5th Finger may store and maintain such data for approximately one year (unless legally required to maintain such Customer Data longer). Subject to the terms and conditions of this Agreement, Customer grants 5th Finger a limited non-exclusive non-transferable (except in connection with an assignment under Section 9 of the signed agreement) license to copy, store, record, transmit, maintain, display, view, print, or otherwise use Customer Data to the extent necessary to provide the Service to Customer. Customer agrees that the license to store and maintain Customer Data shall survive the termination of this Agreement for approximately one year for the sole purpose of storing backup Customer Data at 5th Finger's offsite storage facility. Subject to the terms of this Agreement, 5th Finger agrees that, as between Customer and 5th Finger, Customer Data shall at all times be considered the property of Customer.

1.14. Usage in Australia and New Zealand. This service may not be used by any Customer who resides in Australia or New Zealand, as 5th Finger is unable to grant a usage license to their territories

2. License Fee

2.1. In return for the provision of the Services by 5th Finger, the Customer shall pay 5th Finger the Fees. The Fees shall be payable forthwith if the Licensee is using a Credit or Debit Card through the online payment mechanism or within 14 days of the Activation Date if the Licensee is using any other method of payment.

2.2. The Fees shall be fixed at the rates displayed on the mobileelements.com Price List at the Activation Date.

2.3. All Fees shall be payable by credit card payment using the payment facilities in the Website

2.4. 5th Finger may at its sole discretion send invoices to the Licensee for any Fees by post or email (in which case a successful transmission receipt shall be proof of receipt of the invoice)

2.5. The Fees and all other payments payable under or in connection with this 5th Finger Agreement are exclusive of any Sales Tax which, if applicable, shall be payable in addition.

2.6. 5th Finger may increase its prices from time to time and display these on the mobileelements.com Website as a new or updated mobileelements.com Price List.

2.7. Price for Services will be as published on the mobileelements.com website on the date the Site goes live and that price will be in force for the duration of the particular account.

2.8. No prior notice of price increases or decreases will necessarily be given by 5th Finger

2.9. Time for payment of the Fees is of the essence. Payment shall not be deemed to be made until 5th Finger has received cleared funds in respect of the full amount outstanding.

2.10. If the Licensee fails to make any payment when due under this 5th Finger Agreement, 5th Finger may,

2.10.1. Suspend the Services, including but not limited to, withholding or suspending future or current access to the

2.10.2. Site(s) and delivery and/or performance under this License and any other agreement with the Licensee

2.10.3. Pass the debt to 5th Finger's contracted debt collection agency and charge an additional 15% administration fee on top of the total amount of the debt owing

2.11. Except as stated in the 5th Finger Refund Policy there shall be no refund of the monthly license fee.

2.12. There shall be no refund of unused transactions contracted for or other Expansion Packs purchased

2.13. All monthly fees will be charged on the monthly anniversary date of the account based upon when the account was first created.

2.14. Overage charges

2.15. All accounts include a certain number of free transactions whereby a transaction is defined as a single called to one of the api's provided by mobileelements.com excluding the mobile redirector service

2.16. When a Customer exceeds the number of free transactions in a month they will be charged extra charges at the rate of the plan that they have chosen.

2.17. Transaction charges will be grouped into lots of one thousand for calculating overage.

2.18. Transaction charges will be calculated at the end of the month and added to the Customer's account within seven days.

2.19.

2.20. Free Trial Accounts

2.21. Free Trial Accounts allow the Customer to try out the full functionality of mobileelements.com without incurring any charges either monthly or overage charges

2.22. The customer agrees to let 5th Finger to contact them with marketing information for the duration of the trial

2.23. The free trial will automatically end at the end of the trial period of 30 days at which point the service will terminate

2.24. If the Customer does not upgrade their account within the trial period then this agreement will be considered terminated

2.25. 5th Finger will contact the Customer before the trial expires to inform them of impending expiration date

3. Warranties.

3.1. Warranty of Functionality. 5th Finger warrants to Customer during the Term that the Service will achieve in all material respects the functionality described in the User Guides applicable to the products purchased by Customer and that such functionality will be maintained in all material respects in subsequent upgrades to the Service. 5th Finger does not warrant that the Service will be error-free. Customer's sole and exclusive remedy for 5th Finger's breach of this warranty shall be that 5th Finger shall be required to use commercially reasonable efforts to modify the Service to achieve in all material respects the functionality described in the User Guides and other related documentation and if 5th Finger is unable to restore such functionality, Customer shall be entitled to terminate the Agreement. 5th Finger shall have no obligation with respect to a warranty claim unless notified of such claim within sixty (60) days of the first instance of any material functionality problem, and such notice must be sent to support@mobileelements.com.

3.2. Security, Data Integrity And Backup Warranty. 5th Finger warrants during the Term of this Agreement that 5th Finger will use commercially reasonable efforts to safeguard and accurately maintain Customer Data, utilizing at a minimum industry standard security and backup procedures. In the event of a breach of this provision, 5th Finger will use commercially reasonable efforts to correct the Customer's Data or restore the Customer's Data as quickly as possible but in any case not to exceed three (3) business days.

3.3. Non-Infringement Warranty. 5th Finger warrants that it is the sole owner and has full power and authority to grant the license and use of the Service and other rights granted by the Agreement to Customer with respect to the Service and that neither the performance by Customer in its utilization of the Service, nor the license of and authorized use by Customer of the Service as described herein will in any way constitute an infringement or other violation of any copyright or trademark of any third party.

3.4. Other Warranty. 5th Finger warrants that the Service shall be free of viruses, Trojan horses, worms, spyware, or other malicious code or components.

3.5. Disclaimer of Warranties. EXCEPT AS STATED IN SECTION 3 ABOVE, 5TH FINGER DOES NOT REPRESENT THAT CUSTOMER'S USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR THAT THE SERVICE WILL MEET CUSTOMER'S REQUIREMENTS OR THAT ALL ERRORS IN THE SERVICE AND/OR DOCUMENTATION WILL BE CORRECTED OR THAT THE SYSTEM THAT MAKES THE SERVICE AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE WARRANTIES STATED IN SECTION 3 ABOVE ARE THE SOLE AND EXCLUSIVE WARRANTIES OFFERED BY 5TH FINGER. THERE ARE NO OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EXCEPT AS STATED IN SECTION 3 ABOVE, THE SERVICE IS PROVIDED TO CUSTOMER ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND IS FOR COMMERCIAL USE ONLY. CUSTOMER ASSUMES ALL RESPONSIBILITY FOR DETERMINING WHETHER THE SERVICE OR THE INFORMATION GENERATED THEREBY IS ACCURATE OR SUFFICIENT FOR CUSTOMER'S PURPOSES.

3.6. Limitations of Liability. CUSTOMER AGREES THAT THE CONSIDERATION WHICH 5TH FINGER IS CHARGING HEREUNDER DOES NOT INCLUDE CONSIDERATION FOR ASSUMPTION BY 5TH FINGER OF THE RISK OF CUSTOMER'S INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO ANYONE FOR INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES, OR INDIRECT DAMAGES OF ANY TYPE OR KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OR DISCLOSURE OF CUSTOMER DATA, LOST REVENUE, LOST PROFITS, OR LOSS OF OTHER ECONOMIC ADVANTAGE) ARISING FROM BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, OR ANY OTHER LEGAL CAUSE OF ACTION TO THE MAXIMUM EXTENT PERMITTED BY LAW ARISING FROM OR IN CONNECTION WITH THIS AGREEMENT. Except with regard to amounts due under this Agreement, and a party's breach of Section 2.10, the maximum liability of either party to any person, firm or corporation whatsoever arising out of or in the connection with any license, use or other employment of the Service, whether such liability arises from any claim based on breach or repudiation of contract, breach of warranty, negligence, tort, or otherwise, shall in no case exceed the equivalent of 12 months in license fees applicable at the time of the event. In the event of a breach of Section 2.10 of this Agreement, the maximum liability of either party shall be an amount equal to five (5) times the equivalent of 12 months of license fees applicable at the time of the event. The essential purpose of this provision is to limit the potential liability of the parties arising from this Agreement. The parties acknowledge that the limitations set forth in this Section are integral to the amount of fees charged in connection with the license of the Service and that, were 5th Finger to assume any further liability other than as set forth herein, such fees would of necessity be set substantially higher. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitations of liability for incidental or consequential damages, so the exclusions set forth above may not apply to Customer. THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION SHALL NOT APPLY TO EITHER PARTY'S INDEMNITY OBLIGATIONS SET FORTH IN SECTION 4 BELOW

4. Indemnification.

4.1. Infringement. 5th Finger will indemnify, defend and hold Customer harmless from and against any and all costs, liabilities, losses, and expenses (including, but not limited to, reasonable attorneys' fees) (collectively, "Losses") arising out of or in connection with a claim, suit, action, or proceeding brought by any third party against Customer which arise out of or result from the infringement of any copyright, trademark, or misappropriation of a trade secret relating to the Service; provided that Customer (a)promptly gives 5th Finger notice of the claim, suit, action, or proceeding; (b) gives 5th Finger sole control of the defense and related settlement negotiations; and (c) provides 5th Finger with all reasonably available information and assistance necessary to perform 5th Finger's obligations under this paragraph. If the Service is held to infringe, 5th Finger will, at its own expense, in its sole discretion use commercially reasonable efforts either (a) to procure a license that will protect Customer against such claim without cost to Customer; or (b) to replace the Service with a non-infringing Service. Provided that 5th Finger complies with this Section 6.1, Customer shall be entitled as its sole and exclusive remedy to terminate the Agreement and receive a pro-rata refund of the license fees paid for under the Agreement for the terminated portion of the Term.

4.2. Disclosure of Customer Data. 5th Finger will indemnify, defend and hold Customer harmless from and against any Losses arising out of or in connection with a claim, suit, action, or proceeding brought by any third party against Customer which arise out of or result directly from 5th Finger's gross negligence in preventing unauthorized access to confidential Customer Data or 5th Finger's willful misconduct in disclosing Customer Data, as determined by a court of competent jurisdiction in connection with a claim by a third party alleging a breach of confidentiality. 5th Finger will indemnify Customer up to an amount equal to five (5) times the equivalent of 12 months of license fees applicable at the time of the event, from and against any Losses incurred by Customer with respect to any third party claim, suit, action, or proceeding arising out of or relating to 5th Finger's breach of Section 2.10 of this Agreement (which breach does not rise to the level of gross negligence in preventing unauthorized access to confidential Customer Data or willful misconduct in disclosing such confidential Customer Data as described in this Section 6.2). 5th Finger's indemnification obligations under this Section 6.2 are expressly premised upon Customer (a) promptly giving 5th Finger notice of any such third party claim, suit, action, or proceeding; (b) giving 5th Finger sole control of the defense and related settlement negotiations; and (c) promptly providing 5th Finger with all reasonably available information and assistance necessary to perform 5th Finger's obligations under this Section 6.2. Provided that 5th Finger complies with this Section 6.2, Customer shall be entitled as its sole and exclusive remedy to terminate the Agreement and receive a pro-rata refund of the license fees paid for under the Agreement for the terminated portion of the Term.

4.3. Customer's Indemnity. Customer shall indemnify, defend, and hold 5th Finger harmless from and against any and all Losses arising out of or in connection with a claim, suit, action, or proceeding brought by any third party against 5th Finger which arise out of or result from a claim by a third-party (i) alleging that the Customer Data or any trademarks or service marks other than 5th Finger Marks, or any use thereof, infringes the intellectual property rights or other rights, or has caused harm to a third party, or (ii) arising out of Customer's breach of Section 2.4 and 2.10 above, provided that 5th Finger (a) promptly provides Customer notice of the claim, suit, action, or proceeding; (b) gives Customer sole control of the defense and related settlement negotiations; and (c) provides Customer with all reasonably available information and assistance necessary to perform Customer's obligations under this paragraph.

4.4. Survival. The indemnification obligations contained in this Section 6 shall survive termination of this Agreement for one year.

5. Suspension/Termination.

5.1. Suspension For Delinquent Account. 5th Finger reserves the right to suspend Customer's access to and/or use of the Service (and that of any other customer of 5th Finger that controls, is controlled by, or is under common control with Customer) (a "Customer Affiliate")) for any accounts for which any payment is due but unpaid but only after 5th Finger has provided Customer two (2) delinquency notices, and at least thirty (30) days have passed since the transmission of the first notice ("Delinquent Account Status"). 5th Finger also reserves the right to suspend Customer's access and/or use of the Service in the event that any Customer Affiliate account is in Delinquent Account Status. Customer agrees that 5th Finger shall not be liable to Customer or to any Customer Affiliate or other third party for any suspension of the Service resulting from Customer's nonpayment of fees as described in this Section 7.1.

5.2. Suspension For Ongoing Harm. Customer agrees that 5th Finger may with reasonably contemporaneous telephonic notice to Customer suspend Customer's access to the Service if 5th Finger reasonably concludes that Customer is using the Service to engage in denial of service attacks, spamming, or using the Service to engage in illegal activity, and/or Customer's use of the Service is causing immediate, material and ongoing harm to 5th Finger or others. In the extraordinary event that 5th Finger suspends Customer's access to the Service, 5th Finger will use commercially reasonable efforts to resolve the issues causing the suspension of Service. Customer agrees that 5th Finger shall not be liable to Customer nor to any third party for any suspension of the Service under such circumstances as described in this Section 7.2.

5.3. In The Event of Breach. Either party may terminate this Agreement upon thirty (30) days formal written notice to the other party in the event of a material breach of any provision of this Agreement by the other party. Such notice by the complaining party shall expressly state all of the reasons for the claimed breach in sufficient detail so as to provide the alleged breaching party a meaningful opportunity to cure such alleged breach ("Notice"). Following receipt of such Notice, the alleged breaching party shall have thirty (30) days to cure such alleged breach, after which time the Agreement shall terminate only if the alleged breach was not cured. Upon termination or expiration of this Agreement, Customer shall have no rights to continue use of the Service. If this Agreement is terminated by Customer for any reason other than a termination expressly permitted by this Agreement, Customer agrees that 5th Finger shall be entitled to all of the fees due under this Agreement for the entire Term.

5.4. Handling of Customer Data In The Event of Termination. Customer agrees that following termination of Customer's account and/or use of the Service, 5th Finger may immediately deactivate Customer's account and that following a reasonable period of not less than 90 days shall be able to delete Customer's account and related Customer Data from 5th Finger's "live" site, while retaining Customer Data offsite storage. However, in the event that Customer's Service with 5th Finger terminates, 5th Finger will grant Customer temporary, limited access to the Service for the sole purpose of permitting Customer to retrieve lawful Customer Data, provided that Customer has paid in full all good faith undisputed amounts owed to 5th Finger. Customer further agrees that 5th Finger shall not be liable to Customer nor to any third party for any termination of Customer access to the Service or deletion of Customer Data, provided that 5th Finger is in compliance with the terms of this Section 7.4.

5.5. Modification To Or Discontinuation of The Service. 5th Finger reserves the right at any time and from time to time to modify, temporarily or permanently, the Service (or any part thereof). In the event that 5th Finger modifies the Service in a manner which removes or disables a feature or functionality on which Customer materially relies, 5th Finger, at Customer's request, shall use commercially reasonable efforts to substantially restore such functionality to Customer. In the event that 5th Finger is unable to substantially restore such functionality (unless enjoined from doing so by a court of competent jurisdiction), Customer shall have the right to terminate the Agreement at any time and any license fees already paid under the Agreement will not be refunded. Customer acknowledges that 5th Finger reserves the right to discontinue offering the Service at the conclusion of Customer's then current Term. Customer agrees that 5th Finger shall not be liable to Customer nor to any third party for any modification of the Service.

5.6. Modification To The Terms of Service. These Terms of Service may be amended by 5th Finger in its discretion by providing thirty days advance notice to a user designated as an administrator of your 5th Finger account either: (a) as a note on the screen presented immediately after completion of the log in authentication credentials at the log in screen, or (b) by email to the registered email address provided for the administrator(s) for Customer's account.

Schedule I

SERVICE LEVEL COMMITMENT FOR SUBSCRIBERS OF 5TH FINGER

Service Level Commitment

5th Finger commits to provide 99.5% uptime with respect to the Customer's Service during each month of the Term, excluding regularly scheduled maintenance times.

Scheduled and Unscheduled Maintenance

Regularly scheduled maintenance time does not count as downtime. Maintenance time is regularly scheduled if it is communicated in accordance with the notice section set forth below at least two full business days in advance of the maintenance time. Regularly scheduled maintenance time typically is communicated at least a day in advance, scheduled to occur at night on the weekend, and takes less than 10-15 hours each month.5th Finger in its sole discretion may take the Service down for unscheduled maintenance and in that event will attempt to notify customer in advance in accordance with the Notice section set forth below. Such unscheduled maintenance will be counted against the uptime guarantee.

Updates/Notice

This Service Level Commitment may be amended by 5th Finger in its discretion but only after providing thirty days advance notice. Notices will be sufficient if provided to a user either: (a) as a note on the screen presented immediately after completion of the log in authentication credentials at the log in screen, or (b) by email to the registered email address provided for the Customer's account.

Exclusion of Free Trial Accounts

5th Finger Sandbox, Trial and free trial accounts and other test environments are expressly excluded from this or any other service level commitment.

Appendix A

Plans as at 12 November 2008

	Trial	Lite	Standard	Enterprise
Monthly Cost	$ -	$ 75.00	$ 250.00	Call Us
Mobile Redirector	Unlimited		Free	Free
Included transactions per month*	Unlimited	175,000	500,000	Unlimited

Average page impressions per month**		35,000	100,000	Unlimited

Cost per 1000 transactions***	NA	$ 1.00	$ 0.30	$ -

A transaction is defined as a single call to any api exposed by mobileelements.com, excluding the mobile redirector service