TELAIR will use commercially reasonable efforts to provide the Services as defined by the plan or plans purchased or subscribed.
“Service Availability” means the ability to make and receive voice telephone calls, including system receipt of voicemail messages. TELAIR will use commercially reasonable efforts to minimize service disruptions and outages, and provides 99.996% reliability for its Voice System functions on a calendar-year basis.
- “VOICE Systems Availability” means the monthly uptime percentage including Domestic Telephone Numbers, Toll-Free Telephone Numbers, 2-way audio communication to PSTN, 911 calls, Auto Attendant/IVR, Voicemail, Audio Conferencing and other services that have a direct impact on new call attempts and call completion guarantees during a calendar-year. Secondary capabilities, such as(but not limited to) SMS, Mobile Applications, Fax, Desktop Applications, Web Applications, APIs and Notification Alerts, are not included in Voice System Availability guarantee.
Loss of Service Availability caused by (i) issues beyond TELAIR reasonable control, including, without limitation, SYN/denial-of-service or similar attacks, mail bombs, DNS resolution, hardware failure, Internet availability, Customer portion of the network, IP transit provider issues, or (ii) any loss of Services related to periods of time where customer premises equipment is being replaced or repaired; (iii) any issues related to the Services due to number porting, whether inbound or outbound; or (iv) Scheduled or Emergency Maintenance will be excluded from Service Availability calculations; (iv) issues caused by system administration, settings, commands, lack of access to web portal, or other changes performed by Customer; or (v) issues arising from Customer’s use of third party hardware, software, or applications not previously approved by TELAIR.
3. Force Majeure
TELAIR will not be liable for any failure or delay in its performance for credits under this SLA policy, due to any cause beyond its reasonable control, including but not limited to Acts of God, accidents, fire, flood, explosion, vandalism, fiber optic or other cable cut, network congestion, cyber security breach, storm, or other similar catastrophes, any law, order, regulation, direction, action or request of the United States government, government of Canada, or of any other government, including provincial and local governments having jurisdiction over TELAIR or Customer, or of any department, agency, commission, court, bureau, corporation or other instrumentality of any one or more said governments, or of any civil or military authority, national emergencies, terrorism, insurrections, riots, wars, or embargos.
4. Outage Calculations
To calculate Service Outage, TELAIR uses a combination of methods, including analyzing logs from both Voice Services event monitoring systems and the actual affected infrastructure components. TELAIR will match these findings with client reports to determine the actual timeframe. Any loss of Service Availability less than five(5) minutes in duration will not be included in the calculation of Service Availability.
5. Outage Credit
If TELAIR Availability for Customer in any monthly billing cycle falls below the level set forth above Section 4, TELAIR will issue a credit (“Service Outage Credit”). The credits will be verified for validity and will be subject to other conditions herein. The Service Outage Credit will be calculated at rates specified within the schedule included below.
- Service Outage Credit Request and Payment Procedures To request a Service Outage Credit, (a) Customer Account must be in good standing with TELAIR (i.e., current on all payments) at the time of the request, (b) Customer must open a technical support ticket via email at firstname.lastname@example.org reporting an apparent Service interruption within forty eight (48) hours of the event requesting a Service Outage Credit. Service Outage Credit requests must include Customer Account name or Account number and the dates and specific times for which Customer is requesting Service Outage Credits. TELAIR will compare information provided by Customer to the data referenced in Section 4 above. TELAIR will calculate the Service Outage Credit based on the type of particular service for which the Service was not available, the service fees for the particular Service and the percentage of overall individual Service affected.
- Limits on Service Outage Credit & Sole and Exclusive Remedies Subject to Customer’s valid submission of a Service Outage Credit request and other conditions herein, if a reported Service Availability under Customer Account for any calendar month is below 99.996%, TELAIR will issue a credit in accordance with the following schedule:
Service Availability (per calendar-year) Credit amount as a % of monthly fee of affected service 99.0% to 99.996% 5% of monthly fee credited 98.0% to 98.99% 10% of monthly fee credited 95.0% to 97.99% 20% of monthly fee credited 90.0% to 94.9% 40% of monthly fee credited 89.9% or below 60% of monthly fee credited
- Total Service Outage Credit The Total Service Outage Credit due to Customer for any service affected may not exceed sixty percent (60%) of the monthly service fees charged for use of the service during the month for which the Service Outage Credit is to be issued, unless the amount to be credited is less than ten dollars ($10.00) in which case the credit amount will be ten dollars ($10.00). Only one (1) Service Outage Credit is available in any given calendar month. Credits are applicable only toward use of the Service and are not convertible into cash or any type of refund.
6. Service Commitment
TELAIR is to provide customers reliable and dependable service and is committing to the following service levels
- Mean Opinion Score (MOS) Commitment MOS is a measure (score) of the audio fidelity, or clarity, of a voice call. It is a statistical measurement that predicts how the average user would perceive the clarity of each call. TELAIR is committed that the Voice Network performance will not drop below 4.0 where MOS is calculated using the standards-based E-model (ITU-T G.107). Performance is measured by periodically collecting data across the Voice Network, from which a monthly average is derived.
- Jitter Commitment Also known as delay variation, jitter is defined as the variation or difference in the end-to-end delay between received packets of an IP or packet stream. TELAIR is committed that monthly jitter performance within the Voice Network will not exceed 20.0 millisecond. Performance is measured by periodically collecting data across the Voice Network, from which a monthly average is derived.
- Response times Commitment TELAIR representative will respond via email, telephone, or text to the request for support within the following time frames during TELAIR business hours*. Full list of SLA service definitions and response times available from:
* Business Hours TELAIR standard service Business Hours are Monday – Friday 9 am to 5 PM EST excluding Canadian National Holidays. Services outside Business Hours can be provided as requested in the Customer’s Sales Order and or Contract. Extended hours can offer supplemental support beyond standard hours when subscribed.