Affiliated Technology Solutions Cloud Phone Service

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Affiliated Technology Solutions. (ATS) is committed to providing a reliable, high-quality service to support Customers using ATS’ Cloud PBX Service. This SLA outlines the minimum service a Customer may expect from ATS for the contracted service.  The following SLA represents ATS’ sole responsibility and the Customer’s sole remedy regarding ATS’ Cloud PBX SLA and any Voice Service Availability Guarantee.

 

DEFINITIONS

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Customer:

Customer shall mean an ATS customer who has executed a binding agreement for ATS’ Cloud PBX Service, excluding any Customer whose account is, or during the period in question, was not in good financial standing with ATS, or is in violation of the terms and conditions or ATS’ acceptable use policy outlined in ATS’ Terms of Service.

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The terms of this SLA take effect immediately upon the completion of the Customer’s service activation. In the month when a Customer’s Cloud PBX Service is terminated, the Customer is not eligible to receive credits for ATS not meeting its service commitments for that month.

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Service Fee:

The Cloud PBX Fee for a Customer is the base monthly recurring subscription fee paid by the Customer for Cloud PBX phone service.  The specific service fees are defined in the Customer’s Service Contract.

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Network Maintenance:

Scheduled Network Maintenance refers to normal maintenance scheduled for the upgrade of ATS’ data network, voice network, and servers used to deliver Cloud PBX Services to the Customer. Scheduled Maintenance may occur at any time during our maintenance window of 9:00 PM – 6:00 AM EST, however, Customers shall be given more than 24 hours’ notice before such maintenance with a more defined maintenance window for each event. In addition, maintenance windows always take into consideration the time zones affected to ensure these occur well outside of any business operating hours.  Such effects related to Scheduled Network Maintenance shall not give rise to service credits outlined in this SLA.

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Urgent Network Maintenance refers to ATS’ efforts to correct network conditions that are likely to cause service outages or severe network performance degradation impacting multiple customers and requires immediate action. Urgent Maintenance may degrade the quality of service including possible outages. ATS’ policy is to notify the Customer with as much advance notice as possible under the circumstance prior to performing the maintenance. Such effects related to Urgent Network Maintenance shall not give rise to service credits outlined in this SLA.

 

SERVICE LEVEL AGREEMENT

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Thirty Day Satisfaction Guarantee:

If Customer is for any reason dissatisfied with the services provided by ATS, Customer may, during the guarantee period, terminate the Cloud PBX service without penalty.

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The Thirty Day Service Guarantee period shall start upon activation of the Cloud PBX Service and end thirty (30) days thereafter.

ATS must receive written notice of Customer’s intent to terminate Cloud PBX Service as permitted herein within twenty-four (24) hours of the completion of the Thirty Day Service Guarantee period.

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Availability Guarantee:

A credit allowance will be given for interruptions in the Cloud PBX service preventing inbound or outbound calling. The time attributed to Voice Service Unavailability begins when the Trouble Ticket reporting the outage is opened by Customer with ATS and ends when the affected service is again operational. Two or more interruptions of 15-minutes or more during any one 24-hour period will be combined into one cumulative interruption.

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The Voice Service Availability guarantee is subject to the following limitations:

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No credit allowance will be made for any interruption in service:

1. Due to noncompliance with the provisions of ATS’ Terms of Service (including its payment terms)

2. Due to the failure of power at the customer premise

3. Due to the failure of customer premise equipment (CPE) or other Hardware

4. Due to the failure of equipment, systems, connections or services not provided by ATS (including service interruption by Customer’s Internet Service Provider)

5. Due to circumstances or causes beyond the reasonable control of ATS.

6. During any period in which ATS is not given full and free access to its facilities and equipment for the purposes of investigating and correcting interruptions

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The amount of credit available per month is subject to a cap as described in this Agreement.

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GENERAL

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CREDIT AND PAYMENT PROCEDURE

To receive credit for the Voice Services Availability Guarantee, Customer must contact ATS and open a trouble ticket at the time of trouble. ATS applies service credits to the Customer’s invoice within two (2) billing cycles.

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Credits are based on the Customer’s monthly service Fee and may arise from multiple service guarantees outlined in this SLA. The total combined credits applied to the Customer’s Cloud PBX Service will not exceed the Fees in any calendar month.

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For purposes of calculating Service Credit, one (1) day credit of the ATS service fee is equal to 1/30.33 of the monthly recurring Cloud PBX Service charge at the time of the outage for the Cloud PBX Seats adversely affected.

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The Customer will pay its entire service bill and shall not set off any Service Credits it would anticipate receiving from ATS. Customer shall cooperate with ATS in any Service Claim investigations.

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To receive Service Credit, Customer must be in good financial standing with ATS and must be compliant with the terms and conditions of ATS’ Terms of Service. A Customer’s failure to comply, including without limitation a failure to pay charges on a timely basis, will invalidate the Guarantees.

Service Credits delivered as remedies in conjunction with this SLA represent ATS sole responsibility and the Customer’s sole remedy related to ATS’ Hosted PBX.

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POLICY CHANGE

ATS reserves the right to change, amend, or revise this SLA policy at any time. Changes or revisions to the SLA will be deemed effective upon posting the applicable revision on ATS’ website.

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