SERVICE LEVEL AGREEMENT
M2Ngage Telecommunications II, Inc. DBA The Telecom Company
M2Ngage Telecommunications II, Inc. DBA The Telecom Company (“M2ngage”) offers the following Service Level Agreement for its voice and data services.
SERVICE LEVEL DEFINITIONS
“Actual Uptime” means the total minutes in the Service Period that the Services are Available.
“Availability Requirement” means the period for which the Services shall be Available as measured over the Service Period, such period being no less than 99.99% of the Scheduled Uptime.
“Customer” means the party receiving Service from M2ngage. When Service is provided to a reseller under a Wholesale Master Services Agreement, the Customer is the reseller, and the reseller’s end user customers will have no claim against M2ngage for failures to meet the service levels described herein.
“Error” means a failure or other disruption of Service described in the table below.
“Force Majeure” means causes beyond M2ngage’s reasonable control including, but not limited to, inability to obtain or maintain necessary governmental authorizations to provide or continue to provide the Services; acts of third parties not under the direction or actual control of M2ngage; acts of God, fire, explosion, vandalism, cable cut, flood, storm, or other similar catastrophe; pandemic disease; any law, order, regulation, direction, action or request of the government, or any department, agency, commission, court, or bureau of a government, or any civil or military authority; national emergency, insurrection, riot, war, strike, lockout, or work stoppage; or outages, disruptions or errors on third party networks or of third party services.
“Resolution” means that, as to any Error, that the Error has been corrected such that full service availability has been restored.
“Response” means that M2ngage has provided (i) written confirmation to the Customer that it has received an Error including the ticket number, date and time of receipt, and severity rating and (ii) details of anticipated time for Resolution of the Error.
“Scheduled Downtime” means the total period Services are not available due to any planned maintenance time.
“Scheduled Uptime” means the total minutes in the Service Period, excluding Scheduled Downtime, downtime or Errors due to Force Majeure, and/or downtime or Errors caused by Customer or, if applicable, Customer’s customers or end users.
“Service” means the service or product provided by M2ngage to Customer, but does not include third party services or products.
“Service Period” means one (1) month; provided that for purposes of this SLA, the number of days in each month is deemed to be thirty (30) days and the number of hours in each month is deemed to be seven hundred twenty (720) hours.
RESOLUTION SERVICE LEVELS
| Severity Level | Support Access Method | Description | Response Time | Resolution Time |
| 1 | Phone | An Error which results in the Services being down and totally inoperable. | 15 minutes | 1 hour |
| 2 | Phone | An Error which does not constitute a Severity Level 1 incident and which
disables or materially impairs the operation of the Services. |
30 minutes | 4 hours |
| 3 | Phone | A particular function is not working in accordance with its specifications. | 2 hours | 48 hours |
| 4 | Website/Email | Other Issue | 1 business day | Next scheduled maintenance period |
AVAILABILITY SERVICE LEVEL
Services shall be available 99.99% of the Scheduled Uptime during each Service Period.
SERVICE CREDITS
In the event that the Service does not meet the Availability Requirement in a given Service Period, Customer will be entitled to a credit equal to the pro rata portion of the monthly recurring charge (“MRC”) for the affected Service for each hour that such Service was unavailable; provided that in no event will the credit exceed the total MRC for such Service during the Service Period.”
