SERVICE LEVEL AGREEMENT
- Network Availability and Uptime. Company guarantees that its internal network and connectivity (exclusive of third party providers) shall be available 99.9 percent of the time as defined herein. This 99.9 percent guarantee covers the availability of all internet switches, peering, cabling, hubs, routers, DNS servers, load balancers, centralized servers, network appliances, backup and storage devices, management consoles, gateways and other equipment now or in the future deemed as a requirement for connecting to the internet and providing Company’s services to Customer. This guarantee does not include availability or performance of the internet.
- Infrastructure Availability and Uptime. Company guarantees that Company’s infrastructure shall be made available 99.9 percent of the time as defined herein. This 99.9 percent guarantee covers the availability of all power requirements, UPS/PDU, power cabling and other infrastructure or equipment, now or in the future deemed as a requirement for maintaining the network infrastructure and providing Company’s services to Customer. This infrastructure availability and uptime guarantee shall not extend to node access systems or to individual computer power supplies or computers or servers that are shut down due to excessive heat problems. This guarantee does not include availability or performance of the internet.
- Uptime Guarantee and Customer Credits. In the event that Customer suffers any “downtime” or lack of network or infrastructure availability provided by Company, the Customer shall receive a credit on its account subject to the table below. All requests for credit must be made within ten days from the occurrence of the downtime and must be made in writing via a support ticket. All credit requests must be verified by the Company and credits may take up to 30 days to appear on Customer’s account. Company reserves the right to revoke any credit for downtime issues that are later discovered to have been be caused by or attributed to Customer activity or external forces not related to Company network or hardware.
||DOWN TIME PER MONTH
||SERVICE LEVEL CREDIT
|99.9% – 100%
||0% of Monthly Bill
|99.8% – 99.9%
||5% of Monthly Bill
|99.5% – 99.8%
||10% of Monthly Bill
|99% – 99.5%
||15% of Monthly Bill
|0% – 99%
||50% of Monthly Bill
- First Tier Support. For managed services, Customer will contact the Company help desk via the Transformyx web based ticketing infrastructure or phone (225-761-0088). Transformyx will respond to a support call or support ticket email within one hour of receipt during normal business hours of 6:00 am to 6:00 pm (central time), Monday through Friday excluding holidays. If the support request is received outside of normal business hours, Company will respond by 9:00 a.m. on the first business day following the receipt of the support ticket. After-hours support packages are offered to those Customer for an additional charge. For the purposes of this Agreement, “respond” is defined as a Company representative contacting the Customer via telephone or email and advising that Company is actively working on the problem, and providing follow up if the problem is unresolved after specified periods of time, but does not mean that resolution of the problem complained of will be achieved in the specified time period.
- Urgent Support. If Customer requests a response or work on a special project outside the scope of the Services, outside the scope of this Agreement, or beyond Normal Network Operations, Customer agrees to pay the rates defined in signed quote or current published rate per hour for remote and/or on-site work for that support in addition to Customer’s regular monthly support fees under the Agreement. For the purposes of this Agreement, “Normal Network Operations” is defined as the functionality and standard operations of Customer’s existing network, systems, devices and servers.
- Normal Business Hourly Rates. The current hourly rates are expressed in signed quote or current published rate and covers time billed Monday – Friday from 6am to 6pm unless otherwise stated in this agreement or on a specific quote generated for and accepted by Customer specific to this service engagement.
- After Hours M-F Business Hourly Rates. After Hours rates are 1.5 times the current hourly rates expressed in signed quote or current published rate and covers time billed Monday – Friday from 6:00pm – 6:00am unless otherwise stated in this agreement or on a specific Quote generated for and accepted by Customer.
- Weekend and Holiday Business Hourly Rates. After Hours rates are 2 times the current hourly rates expressed in signed quote or current published rate and covers time billed on Holidays and Saturday – Sunday from 12am – 12pm unless otherwise stated in this agreement or on a specific Quote generated for and accepted by Customer.
- Network & Cloud Support. For Network & Cloud services, Customer will contact the Company help desk via the Transformyx web based ticketing infrastructure or phone (225-761-0088). Transformyx will respond to a support call or support ticket email within one hour of receipt during normal business hours of 6:00 am to 6:00 pm (central time), Monday through Friday excluding holidays. If the support request is received outside of normal business hours, Company will respond by 9:00 a.m. on the first business day following the receipt of the support ticket unless the call is for a Priority 1 incident. For the purposes of this Agreement, “respond” is defined as a Company representative contacting the Customer via telephone or email and advising that Company is actively working on the problem, and providing follow up if the problem is unresolved after specified periods of time, but does not mean that resolution of the problem complained of will be achieved in the specified time period.
Network & Cloud Urgent Support. Customer has the ability to define a call as Priority 1 Urgent/Emergency via our 24×7 operations center. These calls will be responded to based on the incident classification system.
- Customer Obligations. Customer agrees to:
- Provide detailed specifications for any new requirements for modifications or expansion of services and support.
- Provide Company with at least one week’s notice (non-emergency situations) and 48 hours’ notice (emergency situations) for any changes, to be performed by Company, to any systems NOT under management/monitoring by Company, especially any systems that are connected to the network.
- Provide any specialized forms and supplies necessary for Company to furnish Services.
- Provide Company with updated information about changes such as the designated representative, or additions/changes to the hardware and software.
- Establish internal procedures for coordinating requests to Company on new requirements or modifications to the network.
- Provide Company with current passwords to servers, routers, firewalls, network switches or other network hardware and/or application software (for managed services).
- Respond to routine inquiries from Company employees relating to Services.
- Designate a contact person for Company personnel and ensure that the designated contact list is current.
- Abide by the terms and conditions of the Master Service Agreement.
DATA RETENTION AND STORAGE POLICIES
If included within the scope of Services, the following shall apply to retention and backup of Customer data:
- Company shall retain Content as defined and outlined herein
- “Content” is defined as Customer data installed on or generated from the operation of Services. Customer is solely responsible for the development, operation and maintenance of Content.
- Customer shall be solely responsible for the technical operation of Services in the manipulation of Content including but not limited to ensuring that operational commands Customer makes to any service are compatible with then current APIs for that service.
- Customer shall make reasonable attempts to comply with service application policies, procedures and shall comply with all applicable law.
- Customer shall be responsible for any claims relating to Content that arise from Customer’s acts or omissions.
- Customer shall be responsible for properly handling and processing notices sent to Customer or affiliates by any person claiming that Content violates such person’s rights, including notices pursuant to the Digital Millennium Copyright Act.
- Data backups of Content are stored for 14 days at a single location.
- Company will implement reasonable and appropriate measures designed to help secure Content against accidental or unlawful loss, access or disclosure.
- Company will not move Content from Transformyx controlled facilities unless required to do so in order to comply with lawful requests of authorized governmental entities.
- Customer shall consent to Company collection, use and disclosure of information associated with the Service and to the processing of Content in accordance with Company privacy policies and as lawful requests are made by authorized entities
- Company shall return to Customer appropriate copies of all Content and any software where software is not licensed by Company, but is licensed by Customer, within 15 days after termination of this Agreement provided all Customer due and payable charges have been paid in full as provided for in this Agreement.
- Customer shall provide or pay for requested media and shipment method for the return of Content.
- Company will employ backup at specific time intervals and Company will have no liability for any data lost in the time between backups.
TRANSFORMYX ALTERNATE PROVIDER E911 TERMS AND CONDITIONS
Transformyx – Transformyx, LLC and it’s contractors, agents, employees, associates, shareholders, partners and anyone working with or for Transformyx, LLC and it’s subsidiaries.
Customer – You, the person or entity, and it’s contractors, agents, employees, associates, shareholders, partners, or associates using the Transformyx telephone service.
911 – Emergency call service typically used for delivering emergency calls to a public safety access point.
PSAP: Public Safety Answering Point, VoIP: Voice over IP
Terms & Conditions
Due to pursuant FCC rulings and regulations, all customers who are using Transformyx Hosted Phone Solutions as their primary business telephone service must activate 911 Emergency Services on at least one of their telephone numbers.
Enhanced 911, the portion of our 911 service which delivers physical address information to your local PSAP is not guaranteed. It is possible that your physical address information may not be passed to the PSAP dispatcher. On occasions such as this you will be required to give the dispatcher the location of your emergency in order to receive emergency service assistance.
Unfortunately, Enhanced 911 service is not available to every location within the United States at this time. Our provider, is working rapidly to expand their coverage areas within the US and is expecting to cover all area of the United States soon. For locations e911 is not currently available; you will be required to announce the location of your emergency to the PSAP dispatcher.
Due to the nature and instability of VoIP networks, we cannot and do not guarantee your emergency call will go through. Loss of power, Internet access and or several other conditions may cause 911 to be inoperable. We have no control over those types of situations therefore are not held liable. Transformyx will do everything within their power to prevent service outages within it’s network.
In order for e911 address information to be passed to your local PSAP dispatcher, Transformyx will set each extension at the location with a special outbound caller-id. Customer is required to provide immediate notice anytime a new extension is added or moved from the location. If Transformyx is not notified of this change, any calls to 911 from the extension may result in emergency officials arriving at the wrong location or 911 not working at all.
By using an alternate provider for Enhanced 911 service, Customer agrees that Transformyx, it’s contractors, executives, members, customers, agents, employees, carriers, 911 providers, and any anyone else associated with Transformyx is not held liable for emergency calls failing, even if it is determined that it is the fault of Transformyx or it’s associates. Customer further agrees that they will notify their Customers, contractors, agents, employees, associates, shareholders, partners, and anyone who may use the Transformyx 911 service of our limitations and make Customers agree to not hold Transformyx or Customer liable.