VOIP TELEPHONY SERVICE LEVEL AGREEMENT

101VOICE will use commercially reasonable efforts to provide the Services as defined by the plan or plans purchased or subscribed to under Customer Account.

VoIP/CLOUD SERVICE AVAILABILITY 

1. “SERVICE AVAILABILITY” means the ability to make and receive voice telephone calls, including system receipt of voicemail messages.  101VOICE will use commercially reasonable efforts to minimize service disruptions and outages, and provides 99.996% reliability for its Voice System functions on a calendar-year basis.

   1. “VOICE SYSTEMS AVAILABILITY” means the monthly uptime percentage including Domestic Telephone Numbers, Toll-Free Telephone Numbers, 2-way audio communication to PSTN, 911 calls, Auto Attendant/IVR, Voicemail, Audio Conferencing and other services that have a direct impact on new call attempts and call completion guarantees during a calendar-year. Secondary capabilities, such as (but not limited to) SMS, Mobile Applications, Fax, Desktop Applications, Web Applications, APIs and Notification Alerts, are not included in Voice System Availability guarantee. 

2. EXCLUSIONS. Loss of Service Availability caused by (i) issues beyond 101VOICE reasonable control, including, without limitation, SYN/denial-of-service or similar attacks, mail bombs, DNS resolution, hardware failure, Internet availability, Customer portion of the network, IP transit provider issues, or (ii) any loss of Services related to periods of time where customer premises equipment is being replaced or repaired; (iii) any issues related to the Services due to number porting, whether inbound or outbound; or (iv) Scheduled or Emergency Maintenance will be excluded from Service Availability calculations; (iv) issues caused by system administration, settings, commands, lack of access to web portal, or other changes performed by Customer; or (v) issues arising from Customer’s use of third party hardware, software, or applications not previously approved by 101VOICE.

3. FORCE MAJEURE. 101VOICE will not be liable for any failure or delay in its performance for credits under this SLA policy, due to any cause beyond its reasonable control, including but not limited to Acts of God, accidents, fire, flood, explosion, vandalism, fiber optic or other cable cut, network congestion, cyber security breach, storm, or other similar catastrophes, any law, order, regulation, direction, action or request of the United States government, or of any other government, including state and local governments having jurisdiction over 101VOICE or Customer, or of any department, agency, commission, court, bureau, corporation or other instrumentality of any one or more said governments, or of any civil or military authority, national emergencies, terrorism, insurrections, riots, wars, or embargos.

4. OUTAGE CALCULATIONS. To calculate Service Outage, 101VOICE uses a combination of methods, including analyzing logs from both Voice Services event monitoring systems and the actual affected infrastructure components. 101VOICE will match these findings with client reports to determine the actual timeframe. Any loss of Service Availability less than five (5) minutes in duration will not be included in the calculation of Service Availability.

5. OUTAGE CREDIT. If VoIP Service Availability for Customer Account in any monthly billing cycle falls below the level set forth above Section 4, 101VOICE will issue a credit (“Service Outage Credit”). The credits will be verified for validity and will be subject to other conditions herein. The Service Outage Credit will be calculated at rates specified within the schedule included below. 

   1. SERVICE OUTAGE CREDIT REQUEST AND PAYMENT PROCEDURES. To request a Service Outage Credit, (a) Customer Account must be in good standing with101VOICE (i.e., current on all payments) at the time of the request, (b) Customer must open a technical support ticket via email at support@101VOICE.com reporting an apparent Service interruption within forty eight (48) hours of the event requesting a Service Outage Credit. Service Outage Credit requests must include Customer Account name or Account number and the dates and specific times for which Customer is requesting Service Outage Credits. 101VOICE will compare information provided by Customer to the data referenced in Section 4 above. 101VOICE will calculate the Service Outage Credit based on the type of particular service for which the Service was not available, the service fees for the particular Service and the percentage of overall individual Service affected. 

   2. LIMITS ON SERVICE OUTAGE CREDIT & SOLE AND EXCLUSIVE REMEDIES. Subject to Customer’s valid submission of a Service Outage Credit request and other conditions herein, if a reported Service Availability under Customer Account for any calendar month is below 99.996%, 101VOICE will issue a credit in accordance with the following schedule:
      
      

3. The total Service Outage Credit due to Customer for any service affected may not exceed sixty percent (60%) of the monthly service fees charged for use of the service during the month for which the Service Outage Credit is to be issued, unless the amount to be credited is less than ten dollars ($10.00) in which case the credit amount will be ten dollars ($10.00). Only one (1) Service Outage Credit is available in any given calendar month. Credits are applicable only toward use of the Service and are not convertible into cash or any type of refund. 

6. SERVICE COMMITMENT. 101VOICE is to provide customers reliable and dependable service and is committing to the following service levels

   1. MEAN OPINION SCORE (MOS) COMMITMENT. MOS is a measure (score) of the audio fidelity, or clarity, of a voice call. It is a statistical measurement that predicts how the average user would perceive the clarity of each call. 101VOICE is committed that the Voice Network performance will not drop below 4.0 where MOS is calculated using the standards-based E-model (ITU-T G.107). Performance is measured by periodically collecting data across the Voice Network, from which a monthly average is derived. 

   2. JITTER COMMITMENT. Also known as delay variation, jitter is defined as the variation or difference in the end-to-end delay between received packets of an IP or packet stream. 101VOICE is committed that monthly jitter performance within the Voice Network will not exceed 20.0 millisecond.  Performance is measured by periodically collecting data across the Voice Network, from which a monthly average is derived.

   3. RESPONSE TIMES COMMITMENT. 101VOICE representative will respond via email, telephone, or text to the request for support within the following time frames during 101VOICE business hours*:

4. TIME TO REPAIR COMMITMENT. 101VOICE Time to Repair (TTR) commitment provides that priority one (PTY 1) tickets will be resolved within 4 hours or less within the United States & Canada. PTY 1 Tickets are categorized as a “Hard Outage” where there is complete loss of Service that results in Customer’s inability to receive any inbound calls and/or complete any outbound calls from a given location using 101VOICE Services. “Time to Repair” is defined as time taken to restore Service during a Hard Outage based on trouble ticket time. The TTR commitment is not applicable to sites that do not use  an approved 101VOICE Internet Service Provider or the issue is listed in the section 2 “Exclusions” above.

* Business hours are Monday – Friday 8 am to 6 PM PST excluding national holidays.  Services outside business hours can be provided as requested in the Customer’s Sales Order and or Contract.