Fractel guarantees quality of service on Fractel Business Class Voice over IP (“VoIP”) by offering a 100% Service Level Agreement (SLA) for customers who implement Fractel Business VoIP Service Plans or Ala Carte Services. The Fractel Business VoIP SLA applies to Network Availability only.
Network Availability Service Level Agreement
The Fractel Business VoIP Network Availability SLA provides that the Fractel Network will be available 100% percent of the time as measured on a monthly basis by trouble ticket time. The Network is considered not available for the number of minutes that a trouble ticket shows the Fractel Network, or a Fractel third-party telephone company access circuit in the contiguous U.S., was not available to Customer. The unavailable time is started when a customer opens a trouble ticket either by email (support@fractel.net) or through the Fractel HelpDesk. The unavailable time stops when the applicable network or access circuit trouble has been resolved and the service is again available to the customer.
Customer must open a trouble ticket with Fractel Support while they are experiencing a service problem. The calculation of unavailable time is based on trouble ticket times.
Exclusions
This SLA will not include unavailability resulting from:
- Fractel Network scheduled maintenance.
- Inappropriate customer service configuration change(s) through the Fractel Customer Portal Web site.
- Customer Premise Equipment failure including, but not limited to, customer provided PBX, SIP phones, firewalls, router/modem and/or Analog/Ethernet Adapter.
- Failure to correctly configure redundant routing on Premise Equipment using configuration specified on Fractel Customer Portal.
- Local or Wide Area Network communication failure between Customer Premise Equipment and Fractel Network servers.
- Acts or omissions of Customer, or any use or user of the service that is authorized by Customer but outside the scope of Customer’s service.
- “Customer Time,” which is the time identified on the trouble ticket (if any) attributable to, or caused by, through no fault of Fractel, the following: (a) incorrect or incomplete contact information provided by Customer which prevents Fractel from completing the trouble diagnosis and service restoration; (b) Fractel being denied access to network components at the Customer location when access is required to complete trouble shooting, repair, diagnosis, or acceptance testing; (c) Customer being unavailable when Fractel calls to close a trouble ticket or verify service restoration, (d) any other act or omission on the part of Customer; or (f) down time caused by the Local Exchange Carrier (LEC) local loop for periods where the LEC’s maintenance support is not available.
- Reasons of Force Majeure.
Remedy
To receive credit, customer must request it within 30 business days after the month in which the SLA standard was not met. Customer must submit Fractel SLA Credit Request, and provide all required information (e.g., trouble ticket, account information, etc.). Customer is responsible for tracking the time (on trouble tickets) that any unit of the Service is unavailable due to Network unavailability. If Fractel Support confirms the validity of customer’s request (i.e., that Fractel missed the Network Availability SLA standard), then the customer shall receive a credit to their account equal to one day’s share of the Fractel Business VoIP service monthly recurring charge (“MRC”) or usage commitment specified for each unit of the Service affected by the missed SLA, multiplied by each whole hour that the affected unit of Service was unavailable due to Network unavailability. For Ala Carte service, the MRC used to calculate the credit is the applicable monthly recurring fee or usage commitment for the affected service under the related Fractel Service Agreement. For Biz+ Plan service, the MRC used to calculate the credit is the applicable Plan base charge.
