Phonewire Apps Service Level Agreement

Phonewire Apps SLA. During the Term of the applicable Phonewire Apps Agreement, the Phonewire Apps Covered Services web interface will be operational and available to Customer at least 99.9% of the time in any calendar month (the “Phonewire Apps SLA“). If Phonewire does not meet the Phonewire Apps SLA, and if Customer meets its obligations under this Phonewire Apps SLA, Customer will be eligible to receive the Service Credits described below. This Phonewire Apps SLA states Customer’s sole and exclusive remedy for any failure by Phonewire to provide the Service.

Definitions. The following definitions shall apply to the Phonewire Apps SLA.

• “Downtime” means, for a domain, if there is more than a five percent user error rate. Downtime is measured based on server side error rate.
• “Downtime Period” means, for a domain, a period of ten consecutive minutes of Downtime. Intermittent Downtime for a period of less than ten minutes will not be counted towards any Downtime Periods.
• “Phonewire Apps Covered Services” means the Remote Receptionist, cc: Voicemail, and Phonewire Project components of the Service. This does not include the toll-free functionality or Phonewire Labs components of the Service.
• “Monthly Uptime Percentage” means total number of minutes in a calendar month minus the number of minutes of Downtime suffered from all Downtime Periods in a calendar month, divided by the total number of minutes in a calendar month.
• “Scheduled Downtime” means those times where Phonewire notifies Customer of periods of Downtime at least five days prior to the commencement of such Downtime.  There will be no more than twelve hours of Scheduled Downtime per calendar year. Scheduled Downtime is not considered Downtime for purposes of this Phonewire Apps SLA, and will not be counted towards any Downtime Periods.
• “Service” means the service provided by Phonewire to Customer under the applicable Phonewire Apps Agreement.
• “Service Credit” means the following:

• Monthly Uptime Percentage	Days of Service added to the end of the Service term, at no charge to Customer
  < 99.9% – ≥ 99.0%	3
  < 99.0% – ≥ 95.0%	7
  < 95.0%	15

Customer Must Request Service Credit. In order to receive any of the Service Credits described above, Customer must notify Phonewire within thirty days from the time Customer becomes eligible to receive a Service Credit. Failure to comply with this requirement will forfeit Customer’s right to receive a Service Credit.

Maximum Service Credit. The aggregate maximum number of Service Credits to be issued by Phonewire to Customer for any and all Downtime Periods that occur in a single calendar month shall not exceed fifteen days of Service added to the end of Customer’s term for the Service.  Service Credits may not be exchanged for, or converted to, monetary amounts.

Phonewire Apps SLA Exclusions. The Phonewire Apps SLA does not apply to any service s that expressly exclude this Phonewire Apps SLA (as stated in the documentation for such services) or any performance issues: (i) caused by factors outside of Phonewire’s reasonable control; or (ii) that resulted from Customer’s equipment or third party equipment, or both (not within the primary control of Phonewire).