IntelePeer Cloud Communications, LLC
Service Level Agreement
These terms for the Service Level Agreement are expressly incorporated into the IntelePeer Master Services Agreement entered into by IntelePeer and Customer (the “Agreement”). These terms outline the specific service levels (“SLAs”), which IntelePeer has agreed to provide to Customer, for ATMOSPHERE® OUTBOUND VOICE SERVICES, ATMOSPHERE® INBOUND VOICE SERVICES, ATMOSPHERE® TOLL FREE SERVICES, ATMOSPHERE® MULTI-CHANNEL APPLICATIONS and ATMOSPHERE® MESSAGING (collectively “SLA Services”) pursuant to the terms set forth herein.
1.1 Service Availability. IntelePeer agrees to provide customer Service Availability of 99.999% for SLA Services. For purposes of this Attachment, “Service Availability” means the percentage of total minutes during a calendar month that the network equipment is available to the customer. Under no circumstances will these SLAs apply to any professional services completed by IntelePeer.
2.1 SLA failures will be deemed to begin the earliest of: (i) when Customer contacts IntelePeer to open a trouble ticket in connection with the SLA impacting event; (ii) when IntelePeer first becomes aware of the SLA failure and opens a trouble ticket for the problem; or (iii) after the opening of a trouble ticket, the time of actual SLA failure as determined by records or investigation made pursuant to the trouble ticket.
2.2 For any month in which any SLA Service does not meet the SLA metric, IntelePeer will assess an SLA credit equal to ten percent (10%) of the monthly invoice for the month the SLA Service(s) are impacted, and will provide such SLA credits on the invoice issued immediately following the monthly billing cycle in which the SLA credit was requested. Under no circumstances will SLA credits in any given monthly billing cycle exceed ten percent (10%) of the charges for the SLA Services purchased from IntelePeer during that monthly billing cycle.
2.3 The SLA credits shall be Customer’s sole and exclusive remedy with respect to the failure of any SLA Services provisioned under any Attachment to perform in accordance with the applicable SLAs.
3.1 No SLA credit under this Attachment will apply to the failure of the SLA Service to comply with the SLA caused, in whole or in part, by any of the following:
4.1 Term Commitment. IntelePeer offers these SLAs in consideration for Customer’s agreement of a Term for this Agreement of no less than one (1) year. If for any reason the Term of the Agreement becomes less than one (1) year, the SLA Services will no longer be subject to the SLAs set forth in this Attachment.
4.2 Additional Conditions. Any failure to substantially meet a particular SLA above in a particular month will entitle Customer to the SLA credits as set forth above on the SLA Services provided during the month in which the SLA failure occurred and any consecutive subsequent months during which IntelePeer continues to fail to meet the applicable SLA; provided however, to be entitled to a service credit, (i) Customer must have notified IntelePeer of the SLA failure within thirty (30) calendar days from when the service-impacting event first occurred, (ii) Customer must have reasonably cooperated with IntelePeer in addressing any reported SLA Service problems; (iii) no SLAs will apply to newly installed services or to SLA Service reconfigurations requested by Customer, until five (5) business days after completion of the installation or SLA Service reconfiguration, as applicable; (iv) no Service Level Exclusions as set forth above have occurred; and (v) IntelePeer has approved the Customer’s network architecture, including its redundant and diverse interconnections.