CallScaler SLA

CALLSCALER SERVICE LEVEL AGREEMENT

Introduction

This CallScaler Service Level Agreement (“SLA”) applies separately to each account using CallScaler that has signed a minimum spend contract. This SLA is subject to the terms and conditions of CallScaler Agreement (“Agreement”). Capitalized terms used herein but not otherwise defined will have the meanings specified in the Agreement. CallScaler reserves the right to change the terms of this SLA in accordance with the Agreement.

1. DEFINITIONS

“Monthly Uptime Percentage” is calculated by subtracting from 100% the percentage of continuous ten (10) minute periods during the calendar month in which CallScaler was in a state of Unavailable Time.

“Unavailable Time” means the CallScaler is not available for use according to performance and monitoring services offered by CallScaler at its sole discretion (the “Monitoring Service”). The Monitoring Service reports if the CallScaler services are available or not available at https://callscaler.com/status, provided, however, that service issues or outages relating to any Exclusions (as defined in Section 3) shall not be deemed Unavailable Time.

“Service Credit” is a dollar credit, as calculated in Section 2.2, that CallScaler may credit back to an eligible account.

2. AVAILABILITY COMMITMENT AND SERVICE CREDITS

2.1 We will use commercially reasonable efforts to make CallScaler available with a Monthly Uptime Percentage of at least 99.5% during any calendar month (the “Availability Commitment”). In the event we do not meet the Availability Commitment, you may be eligible to receive a Service Credit, subject to the Exclusions specified in Section 3.

2.2 Service Credits are calculated as a percentage of the total charges paid by you, prorated for the calendar month in which the Unavailable Time occurred. If the Monitoring Service confirms that the Monthly Uptime Percentage was below 99.5% for the calendar month, you may be eligible for a Service Credit of 5% of the prorated fees for such month. We will apply any Service Credits only against future payments for CallScaler otherwise due from you. Service Credits will not entitle you to any refund or other payment from CallScaler. Service Credits may not be transferred or applied to any other account other than the account specified in the Order Form. Unless otherwise expressly provided in the Agreement or this SLA, your sole and exclusive remedy for any unavailability, non-performance, defects, or other failure by us to provide CallScaler services is the receipt of a Service Credit (if eligible) in accordance with this SLA.

2.3 To receive a Service Credit, you must submit a ticket within fifteen (15) days after the final day of the calendar month in which the Unavailable Time occurred. The ticket must include: (a) “SLA Claim” as the subject; (b) the dates and times of the Unavailable Time for which you are requesting a Service Credit; and (c) any applicable information that documents the claimed outage. If the Monthly Uptime Percentage of such request is confirmed by us and is less than the Availability Commitment, then we will issue the Service Credit to you within two calendar months following the month in which the request is confirmed. Your failure to provide the request and other information as required in this Section 2 will disqualify you from receiving a Service Credit.

3. EXCLUSIONS

3.1 Notwithstanding anything to the contrary, the Availability Commitment does not apply to any Unavailable Time or inaccessibility, suspension, or termination of the CallScaler, or any other CallScaler performance issues (collectively, the “Exclusions”) that:

3.2 Unavailable Time will not be accounted for CallScaler Services which are down and not used by you. For example, if you are using only the Voice service, and the SMS service is down, this is not counted as Unavailable Time for you.

Last updated: October 24, 2024