SERVICE LEVEL AGREEMENT

SE Telecom will use commercially reasonable efforts to avoid and remedy situations in which Customer is unable to receive inbound calls by means of the SE Telecom Service (the “Service”). This Service Level Agreement (“SLA”) describes the remedies available to Customer in the event SE Telecom’s Telephony Service application, as reported in SE Telecom (the “Phone Service”) falls below the service levels provided herein.

The terms of this SLA take effect immediately upon the completion of the Customer’s service activation. In the month when a Customer’s Hosted PBX are terminated, the Customer is not eligible to receive credits for SE Telecom not meeting its service commitments for that month.

SE Telecom is committed to providing a reliable, high-quality service to support Customers using SE Telecom’s Hosted PBX. This SLA outlines the minimum service a Customer may expect from SE Telecom for the contracted service.

The Service Levels provided under this SLA do not include services provided with respect to the following matters: (i) any problems caused by modifications by Customer to Phone Service not made or authorized by SE Telecom; or (ii) any problems resulting from the Customer combining or merging the Phone Service with any hardware or software not supplied by SE Telecom, or not identified by SE Telecom as compatible with the Phone Service. Notwithstanding anything contained herein to the contrary, the parties agree on the following definitions, terms and conditions:

The following SLA represents SE Telecom’s sole responsibility and the Customer’s sole remedy regarding SE Telecom’s Hosted PBX SLA and any Voice Service Availability Guarantee.

Phone Service Availability: The Customer acknowledges that SE Telecom will schedule a daily system maintenance period, as defined below. SE Telecom may occasionally have to interrupt services outside of this time period, including for purposes of upgrades and maintenance to the Phone Service application and the SE Telecom’s datacenter, in which case SE Telecom shall endeavor to provide notice to Customer of the scheduled downtime. The Service Levels provided under this SLA do not include services provided with respect to the following matters: (i) any problems caused by modifications by Customer to Phone Service not made or authorized by SE Telecom; or (ii) any problems resulting from the Customer combining or merging the Phone Service with any hardware or software not supplied by SE Telecom, or not identified by SE Telecom as compatible with the Phone Service. Notwithstanding anything contained herein to the contrary, the parties agree on the following definitions, terms and conditions:

Permitted Downtime: Means any time during a calendar month in which Customer is not able to receive inbound calls for the following reasons: (a) a scheduled daily maintenance period that occurs between the hours of 2:00 am to 6:00 a.m. Eastern Time; (b) any maintenance outside the daily scheduled maintenance for which SE Telecom shall endeavor to provide notice to Customer at least 24 hours in advance. (c) an emergency maintenance period in which SE Telecom is required to provide maintenance as a result of conditions beyond SE Telecom’s control, including, without limitation, a Force Majeure Event (as hereinafter defined) or otherwise, which maintenance is required to be performed on an emergency basis to maintain Total Scheduled Availability; (d) software or hardware not provided, controlled or authorized by SE Telecom; (e) Force Majeure Events; (f) negligent or willful acts of Customer or its users; and (g) Customer’s failure to implement commercially reasonable changes in equipment or software recommended by SE Telecom as essential to maintain service levels.

Downtime: Means any time during a calendar month in which Customer is not able to receive inbound calls for thirty (30) continuous minutes or longer due to the Phone Service for any reason other than a Permitted Downtime.

Force Majeure Events:  Means any event or condition that directly or indirectly prevents SE Telecom from performing the Services hereunder, is beyond the reasonable control of SE Telecom, and could not, by the exercise of due diligence, have been avoided in whole or in part by SE Telecom, and shall include, subject to the foregoing and without limitation: any act of God, natural disaster, earthquake, war, riot, civil war, blockade, insurrection, cyber-attack (hacking and DDOS), acts of public enemies, civil disturbances or general restraint or arrest of government and people, boycott, strike (including a general strike), service interruption by a telecommunications services provider, or connectivity delays with internet providers outside of SE Telecom’s reasonable control.

Total Scheduled Availability: Means 7 days a week, 24 hours a day in a calendar month, in minutes.

Actual Uptime: Means Total Scheduled Availability minus Downtime, in minutes. (vi) “Actual Uptime Percentage” means the Actual Uptime divided by the Total Scheduled Availability multiplied by 100 (Actual Uptime/Total Scheduled Availability X 100).

Customer: Customer shall mean a SE Telecom customer who has executed a binding agreement for SE Telecom’s Hosted PBX, excluding any Customer whose account is, or during the period in question, was not in good financial standing with SE Telecom, or is in violation of the terms and conditions or SE Telecom’s acceptable use policy outlined in SE Telecom’s Terms of Service.

Customer Responsibilities: The client is responsible to provide suitable internet, data cabling & data networks with POE, and VLANS and voice prioritization for all IP based communications platforms therefore we are not responsible for any type of call quality issues.

Fair Use & Rate Info: International calling will be billed as per standard international rates. Toll free rates above included amounts are 2¢ a minute and Conference calling minutes on each web collaboration bridge are 2¢ a minute. Fair Use Policy unlimited minutes include up to 2500 minutes per SIP Trunk or per users. Charges for Directory Calls (411). We will charge you $1.20 for each call made to directory assistance. Charges for Conference Bridge Calls are billed 2¢ per minute for each caller who calls into your conference bridge. Dialers, sms broadcast services or any other type of mass communication applications are not permitted,

Service Fee: Basic Phone Extension Fee for a Customer is the base monthly recurring fee paid by the Customer for Hosted PBX phone extensions. The Basic Phone Extension Fee for a Customer with SE Telecom’s Hosted PBX is the base monthly recurring fee paid for the Hosted PBX Bundle. Excluded fees consist of virtual phone extensions/voicemail, add-on voice features, ring groups, auto-attendants, or usage-based charges.

Network Maintenance: Network Maintenance means any time during a calendar month in which Customer is not able to receive inbound calls for the following reasons: (a) a scheduled daily maintenance period that occurs between the hours of 12:00AM – 5:00AM Eastern Time; (b) any maintenance outside the daily scheduled maintenance for which SE Telecom shall endeavor to provide notice to Customer at least 24 hours in advance. (c) an emergency maintenance period in which SE Telecom is required to provide maintenance as a result of conditions beyond SE Telecom’s control, including, without limitation, a Force Majeure Event (as hereinafter defined) or otherwise, which maintenance is required to be performed on an emergency basis to maintain Total Scheduled Availability; (d) software or hardware not provided, controlled or authorized by SE Telecom; (e) Force Majeure Events; (f) negligent or willful acts of Customer or its users; and (g) Customer’s failure to implement commercially reasonable changes in equipment or software recommended by SE Telecom as essential to maintain service levels.

Scheduled Network Maintenance: refers to normal maintenance scheduled for the upgrade of SE Telecom’s data network, voice network, and servers used to deliver Hosted PBX to the Customer. Scheduled Maintenance may occur at any time during our maintenance window of 12:00AM – 5:00AM EST. Such effects related to Scheduled Network Maintenance shall not give rise to service credits outlined in this SLA.

Urgent Network Maintenance: Refers to SE Telecom’s efforts to correct network conditions that are likely to cause service outages or severe network performance degradation impacting multiple customers and requires immediate action. Urgent Maintenance may degrade the quality of service including possible outages. SE Telecom’s policy is to notify the Customer with as much advance notice as possible under the circumstance prior to performing the maintenance. Such effects related to Urgent

Availability Guarantee: A credit allowance will be given for interruptions in the Hosted PBX service preventing inbound or outbound calling on any or all phone extensions in excess of 30 minutes for each seat affected and SE Telecom will give Customer a credit with respect to the Service fees paid by Customer.

The time attributed toward Voice Service Unavailability begins when the Trouble Ticket reporting the outage is opened by Customer with SE Telecom and ends when the affected service is again operational. Two or more interruptions of 15-minutes or more during any one 24-hour period will be combined into one cumulative interruption.

Length of Service Interruption                    Credit Per Seat Affected by Service Interruption

30 minutes to 59 minutes                               1 day

1 hour to 24 hours                                           4 days

24 hours 1 or more                                         14 days

The Voice Service Availability guarantee is subject to the following limitations:

No credit allowance will be made for any interruption in service:

  1. Due to noncompliance with the provisions of SE Telecom’s Terms of Service (including its payment terms)
  2. Due to the failure of power at the customer premise
  3. Due to the failure of customer premise equipment (CPE) or other Hardware
  4. Due to the failure of equipment, systems, connections or services not provided by SE Telecom (including service interruption by Customer’s Internet Service Provider)
  5. Due to circumstances or causes beyond the reasonable control of SE Telecom
  6. During any period in which SE Telecom is not given full and free access to its facilities and equipment for the purposes of investigating and correcting interruptions

* Inability to access the Web-based voice portal will not give rise to service credits outlined in this SLA

The amount of credit available per month is subject to a cap as described in this Agreement.

GENERAL

Credit and Payment Procedure: To receive credit for the Voice Services Availability Guarantee, Customer must contact SE Telecom and open a trouble ticket at the time of trouble.  Customer must request a credit in writing within ten (10) calendar days of the Downtime, SE Telecom applies service credits to the Customer’s invoice within two (2) billing cycles.

Credits are based on the Customer’s Basic Phone Extension Fee and may arise from multiple service guarantees outlined in this SLA. The total combined credits applied to the Customer’s Hosted PBX will not exceed the Basic Phone Extension Fees in any calendar month.

For purposes of calculating Service Credit, one (1) day credit of the SE Telecom service fee is equal to 1/30.33 of the monthly recurring Hosted PBX charge at the time of the outage for the Hosted PBX Seats adversely affected.

The Customer will pay its entire service bill and shall not setoff any Service Credits it would anticipate receiving from SE Telecom. Customer shall cooperate with SE Telecom in any Service Claim investigations.

To receive Service Credit, Customer must be in good financial standing with SE Telecom and must be compliant with the terms and conditions of SE Telecom’s Terms of Service. A Customer’s failure to comply, including without limitation a failure to pay charges on a timely basis, will invalidate the Guarantees.

Service Credits delivered as remedies in conjunction with this SLA represent SE Telecom’s sole responsibility and the Customer’s sole remedy related to SE Telecom’s Hosted PBX.

Waiver and Severance: Any failure or delay in exercising or enforcing this policy shall not constitute a waiver of this policy or of any other right or remedy. SE Telecom is not liable for any type of loss, expense or damage arising from stoppage, delay, or failure to give services within or beyond our control including, without limitation, a failure of or defect in any equipment, service or any facility failure causing the failure of an incoming or outgoing communication. In no circumstances shall we be liable in contract, tort, or otherwise for loss (whether direct or indirect) of profits, revenues, business, or expected savings, for loss or corruption to data, damages to third parties or for any indirect or consequential loss whatsoever.

Policy Change: SE Telecom reserves the right to change, amend, or revise this SLA policy at any time. You are expected to check this page periodically to take notice of any changes we make, as they are legally binding on you.  Amendments shall automatically come into effect 30 days after being posted on the website. Some of the provisions contained in this AUP may also be superseded by provisions or notices published elsewhere on our website.  Changes or revisions to the SLA will be deemed effective upon posting the applicable revision on SE Telecom’s website.