Service Level Agreement
The Cloud PBX Services are provided on a VOIP platform and Network as well as third-party applications. Service level agreements ("SLAs"), service level objectives ("SLOs"), outage credits and related warranties, as set forth in this Schedule apply only to VOIP platform and network.
2.Service Level Agreement.
The Cloud PBX platform and network shall perform in accordance with the SLA for network availability as set forth in Section 3 below. The Outage Credit set forth below in Section 3 is Customer's sole and exclusive remedy for any failure, interruption or degradation of the Cloud PBX service.
a.Network Availability. Network availability is the average percent of the total time that Cloud PBX services are operative when measured in a one-month (720 hours) period. The Cloud VOIP Services are considered inoperative when there has been a loss of signal. The network availability of Cloud PBX services shall be 99.99%.
The customer acknowledges the possibility of an unscheduled, continuous and/or interrupted period of time during which Cloud PBX Services do not conform to the SLA as set forth in Section 3 above ("Outage"). In the event of an Outage, Customer shall be entitled to a credit ("Outage Credit"), which shall be credited on Customer's next monthly invoice upon request.
When the Cloud PBX Service does not conform to the SLA as set forth in Sections 2 above, the amount of the Credit for Cloud PBX Services shall be as set forth in the table below and is credited in a percentage of the MRC for the affected Cloud PBX Service.
|Length of Outage||Amount of Credit (in Days)|
|1 hour – 1 Hour 59 Minutes||3|
|2 Hours – 3 hours 59 minutes||5|
|4 Hours – 7 Hours 59 minutes||10|
|24 hours or more||30|
Service disruptions or outages will be accumulated over the course of a billing period and will be subject to the maximum credit as shown above of the applicable MRC for Cloud PBX Services. The number of minutes of separate and discrete Service Disruptions or Outages will be cumulated to determine the percentage of credit. In no event shall total liability for all Service Disruptions/Outages on a particular Cloud PBX Service exceed one hundred percent (100%) of the MRC for the affected service.
Customer shall not receive a Service Disruption/Outage Credit if the Service Disruption/Outage is: (i) caused by Customer or others authorized by Customer to use the Cloud PBX Service under the Agreement; (ii) due to the failure of power, facilities, equipment, systems or connections not provided by us or its designees; (iii) the result of network maintenance activity, (iv) with any other software and/or services provided by the Customer, or any other source other than by us, which may be installed to integrate with the Service, including but not limited to broadband access, voice services (local, long-distance, toll-free, etc) or any IP Solution (Internet access, VoIP telephone systems and services, call distribution and recording services, or (v) due to a force majeure.
5.Planned Network Maintenance Period ("PNMP").
We shall avoid performing network maintenance between 5:00am to 10:00pm Local Market Time, Monday through Friday, inclusive, that will have a disruptive impact on the continuity or performance level of Customer's Cloud PBX Service. However, the preceding sentence does not apply to restoration of continuity to a severed or partially severed fiber optic cable, restoration of dysfunctional power and ancillary support equipment, or correction of any potential or other emergency conditions. We will use commercially reasonable efforts to notify customer prior to emergency maintenance. we shall make every effort to provide Customers with electronic mail, telephone, facsimile, or written notice of all non-emergency, planned network maintenance three (3) business days prior to performing maintenance (non-emergency) that, in reasonable opinion, has a substantial likelihood of affecting the Customers traffic/service. If our planned activity is canceled or delayed, we shall promptly notify the customer and shall comply with the provisions of this section to reschedule any delayed activity. PNMP will not exceed 10 hours monthly.
6.Emergency Maintenance Period ("EMP").
It may be necessary for us to issue an EMP. EMPs allow us to schedule mandated maintenance with a shorter Customer notification interval than PMPs. EMPs are issued when maintenance is required immediately, e.g., to prevent further or repeated interruptions on our network.
We warrant that Cloud PBX Services shall conform to the SLA set forth in Sections 2 and 3 above. we shall use commercially reasonable efforts under the circumstances to remedy any delays, interruptions, omissions, mistakes, accidents or errors in the Hosted Network Service and restore such Hosted Network Service to comply with the terms hereof.
THE REMEDIES AS SET FORTH IN SECTION 3 SHALL BE THE SOLE AND EXCLUSIVE REMEDIES OF CUSTOMER IN THE EVENT OF ANY FAILURE.