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.

1. 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 data center, 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:

(i) “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.

(ii) “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.

(iii) “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.

(iv) “Total Scheduled Availability” means 7 days a week, 24 hours a day in a calendar month, in minutes.

(v) “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).

2. Service Availability Credits. If during Customer’s Service Term, the Actual Uptime Percentage during any calendar month is lower than 99.99%, and Customer requests a credit in writing within ten (10) calendar days of the Downtime, SE Telecom will give Customer a credit with respect to the Service fees paid by Customer for that month for the Services that were affected by the Downtime by a percentage equal to the applicable service credit percentage set forth below. Such credit will be applied to Customer’s next monthly invoice.

Actual Uptime Percentage

99.50% to 99.98% (inclusive)

99.00% to 99.49% (inclusive)

< 99.00%

Service Credit Percentage

5% credit

10% credit

15% credit

Changes to this Policy
We may revise this acceptable use policy at any time by publishing it on our webpage. 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.

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.