Service Level Agreement

This Service Level Agreement (“SLA”) between SoftApp's’ cloud service (“The Voice of O365”), and the user (“Customer”) of The Voice of O365’s services (“Services”) sets forth the service level terms and conditions and is an integral part of the Agreement.

This SLA defines the terms of Customer’s responsibility with respect to the Services that The Voice of O365 provides and Customer’s remedies in the event that The Voice of O365 fails to meet these Service Commitments.This SLA and the SLA Credits set forth herein represent The Voice of O365s sole obligation and Customer’s sole remedy for failure to meet such Service Commitments. This SLA does not apply to the availability of Third Party Services (TPS). The SLA is binding only on the Customer and The Voice of O365 and does apply to any Third Parties, including SIP trunk suppliers.

1. Definitions.

The following are definitions of capitalized words used in this Agreement:

a. “Agreement” The Customer’s use of and access to Services is governed by the Terms of Services (“TOS”), Service Level Agreement, Privacy Agreement, Acceptable Use Policy, any other documents referenced herein (collectively, the “Agreement”).

b. “Business Hours” means 8:00 a.m. to 5:00 p.m. (Central European Time – CET), Monday through Friday, and, notwithstanding the foregoing, does not include times during Service Maintenance.

c. “Service Maintenance” means The Voice of O365’s maintaining of the Service including software. Service Maintenance includes, without limitation, database index rebuilding, hardware upgrades, software upgrades, and network upgrades, as applicable.

2. Service Availability.

1. Service Availability - General.
   The Voice of O365’s goal is to provide Service Availability twenty-four hours per day, seven (7) days per week (referred to as “24x7 Availability”) EXCEPT during times of Service Maintenance as set forth in Section 3d herein. However, the parties recognize that 24x7 Availability is only a GOAL, and The Voice of O365 cannot represent or guarantee that such goal can be achieved. As per our CLOUD SUPPORT POLICY (show below), response time goals cover predominantly Production Clouds and the Cloud Dashboard.
   
   

2. Service Availability Level Goals.
   The Voice of O365 shall use reasonable efforts to achieve the target Service Availability Goal of 99.5% network up-time except during scheduled Service Maintenance (“Service Commitment”). Notwithstanding the foregoing, Customer recognizes that the Internet is comprised of thousands upon thousands of autonomous systems that are beyond the control of The Voice of O365. Routing anomalies, asymmetries, inconsistencies and failures of the Internet outside of the control of The Voice of O365 can and will occur, and such instances shall not be considered any failure of the 99.5% network up-time. While Customers are free to monitor network up-time on their systems and other monitoring services, The Voice of O365 proactively monitors network up-time and the results of these monitoring systems shall provide the sole and exclusive determination of network up-time. The Voice of O365 (show below), response time goals cover predominantly Production Clouds and the Cloud Dashboard.
   
   

3. Response Time to Error.
   The Voice of O365 has internal notification tools for Cloud service problems. Additionally, Customer may report problems to The Voice of O365 Support department. Once notified The Voice of O365 Support will respond as per the CLOUD SUPPORT POLICY (show below).

3. Service Maintenance.

• The parties agree that The Voice of O365 shall provide Service Maintenance, which may cause errors as defined by the CLOUD SUPPORT POLICY (show below). The Voice of O365 shall use commercially reasonable efforts to limit Service Maintenance, which causes Severity Level 1 Errors to one (1) hour per month. The Voice of O365 shall notify named Customer contact by email prior to performing any Service Maintenance which The Voice of O365 predicts will cause a Severity 1 Error outside of standard Service Maintenance Times.

• The Service Availability goals exclude any time Customer requests an account be taken down for scheduled updates or modifications.

• The Voice of O365 shall attempt to schedule Service Maintenance during the times as specified in Table 1 – Service Maintenance Times. However, the parties agree that it may be necessary for The Voice of O365 to perform Service Maintenance during times other than those specified in Table 1, and The Voice of O365 reserves the right to perform Service Maintenance during times other than those specified in Table 1.

Disclaimer of Actions Caused by and/or Under the Control of Third Parties.

• The Voice of O365 DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM The Voice of O365’s NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTION'S OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER’S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). ALTHOUGH The Voice of O365 WILL USE COMMERCIALLY REASONABLE EFFORTS TO TAKE ACTIONS IT DEEMS APPROPRIATE TO REMEDY AND AVOID SUCH EVENTS, The Voice of O365 CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, The Voice of O365 DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

• Limitations. The Voice of O365 cannot assume responsibility and shall not be liable for any impacts on Service Availability due to (i) any requests for non-standard environment or Customer machine access; (ii) any downtime caused by Customer produced code; or (iii) any changes to the Service by parties other than The Voice of O365 Customer. The Voice of O365 will make reasonable efforts to ensure that Service changes do not affect customers.

• The Voice of O365 reserves the right to change this SLA at any time, and without notice. You can view the current SLA at http://wiki.softapp-distribution.com.

Financial Penalties for SLA Violations

1. In the event that The Voice of O365 fails to meet the guarantee stated above (excluding Service Maintenance during the windows described in Section 3c and downtime caused by reasons described in Sections 2a or 2b), The Voice of O365 will refund 5% of the Customer monthly service Fees for each thirty (30) minutes of network downtime experienced up to 100% of the monthly service Fee for those Services affected (“SLA Credits”).
   
   

2. All SLA claims should be communicated via The Voice of O365 Dashboard (support/service request) or email to customer support within seven (7) days of the incident. The notice must include all relevant information, including Cloud name, IP address, full description of the incident, and any logs (if applicable). All SLA credits will be issued as credits against future invoices for services.
   
   

3. To qualify for Service Credits, Customer must be current on all payment obligations, and not be in violation of the Terms of Service, Acceptable Use Policy or any other policies and procedures of this Agreement.
   
   

4. No Service Credits will be given for service interruptions: (i) caused by the action or failure to act by Customer , (ii) due to failure of any equipment or software provided by Customer, (iii) which are the result of scheduled maintenance, (iv) due to a force majeure event, (v) for which Customer is entitled to a SLA Credit for the same or contemporaneous Service Commitment failure or (vi) resulting from Customer’s breach of the Terms of Service, Acceptable Use Policy or any other policies and procedures of this Agreement.
   
   

5. Total cumulative SLA Credits during any given month shall not exceed the Customer monthly fee for those Services affected.

CLOUD SUPPORT POLICY

Incident reports are handled via our TVO365 Self-service Portal Support Ticketing System located at https://portal.thevoiceofo365.com/en/issues/new. This gives you (Customer) access to all current and historical tickets on your account, both open and completed. We prioritize tickets by severity, and handle issues where a site is completely unavailable before tickets where a site is slow, and those before general questions about our service or general advice.

Shown below is a guide to The Voice of O365 Severity Levels. Note that the Ticket Response Goals specify the time to begin investigation of the problem, not the length of time within which such problem will be resolved:

The goal of the Cloud Support Team is to provide correct, to the point and specific support (to the best of their ability) around the features and functionality of the Cloud Service The Voice of O365.

For any customer-specific communications about site issues, security issues, scalability issues, and similar, we will use the contact information we have on file for you.