For all Customer sites that complete a SOF with designated Hosted Voice SLA equipment, Ten4 shall warrant the following levels of Service on the network when installed by Ten4 or an authorized technician:

  a. General Standard. Ten4 will use reasonable efforts under the circumstances to maintain its overall network quality. The quality of service provided hereunder shall be consistent with other common carrier industry standards, government regulations and sound business practices.

  b. Interruptions in Service. Interruptions in service, which are not due to Customer’s negligence or non-compliance with the provisions of the Agreement (including all Addendums, SOFs and other relevant documents attached thereto), or the operation or malfunction of facilities, power, or equipment provided by Customer, will be credited to Customer as set forth below for the part of the service that the interruption affects. A credit allowance will be made when an interruption occurs because of a failure of any component furnished by Ten4 under this Agreement.

  c. Credit for Interruptions. An interruption period begins when Customer reports a service, facility, or circuit to be interrupted through the opening of a trouble ticket and makes it available for testing and repair. An interruption period ends when the service, facility, or circuit is operative. If Customer reports a service, facility, or circuit to be inoperative but declines to make it available for testing and repair, it is considered to be impaired, but not interrupted.

    i.  For calculating credit allowances, every month is considered to have 30 days. A credit allowance is applied on a pro rata basis against the monthly recurring charges for the affected service and is dependent upon the length of the interruption. Only those facilities on the interrupted portion of the circuit will receive a credit. No credit will be given on the usage-sensitive portion of the service.

    ii.  A credit allowance will be given for interruptions of 30 minutes or more, upon written request of the customer no later than ten (10) business days after the occurrence of the outage to Customer’s Ten4 Account Manager. Credit allowances will be calculated as follows:

    iii.  If the interruption continues for less than 24 hours:

      (a)  1/30th of the monthly recurring charge if it is the first interruption in the same billing period.

      (b)  2/30ths of the monthly recurring charge if there was a previous interruption of at least 24 hours in the same billing period.

    iv.  If the interruption continues for more than 24 hours, 1/30th of the monthly recurring charge for the first 24 hours and 2/30ths of such rate for each additional 24 hours (or fraction thereof); however, if service is interrupted for over 24 hours more than once in the same billing period, the 2/30ths allowance applies to the first 24 hours of the second and subsequent interruptions.

    v.  Two or more interruptions of 30 minutes or more during any one 24-hour period shall be considered as one interruption.

  d. Maximum Credit. Credits attributable to any billing period for interruptions of service shall not exceed the total monthly recurring charges for that period for the service and facilities furnished by Ten4 rendered useless or substantially impaired. The credits set forth in this SLA shall be Ten4’s sole liability and Customer’s sole remedy in the event of any interruption. Unless otherwise specifically provided in this Agreement, under no circumstances shall an interruption be deemed a breach of the Agreement.

  e. “Interruption” Defined. For the purpose of applying this provision, the word “interruption” (whether capitalized or not) shall mean a complete loss of service resulting in the inability to complete calls (either incoming or outgoing or both) due to equipment malfunction or human errors for a continuous period of more than thirty (30) minutes. “Interruption” does not include, and no allowance shall be given for, service difficulties such as slow dial tone, circuits busy or other network and/or switching capacity shortages. Nor shall the interruption allowance apply where service is interrupted by the negligence or willful act of Customer or where Ten4, pursuant to the terms of the Agreement, suspends or terminates service because of nonpayment of bills due to Ten4, unlawful or improper use of the facilities or service, or any other reason covered by the Agreement. No allowance shall be made for interruptions due to electric power failure where, by the provisions of this Agreement, Customer is responsible for providing electric power.

  f. Limitations on Credit Allowances. No credit allowance will be made for:

    i.  Interruptions arising from the acts or omissions of, or non-compliance with, the provisions of this Agreement or any schedule or exhibit thereto by Customer or any authorized user, or any interruptions due to any party other than Ten4 or for events happening on any other party’s network, including but not limited to internet service providers or other common carriers connected to, or providing service connected to, the service of Ten4 or to Ten4’s facilities;

    ii.  Interruptions due to the failure or malfunction of non-Ten4 equipment, including service connected to Customer-provided electric power;

    iii.  Interruptions of service during any period in which Ten4 is not given full and free access to its facilities and equipment for the purpose of investigating and correcting interruptions;

    iv.  Interruptions of service during any scheduled maintenance period or when Customer has released service to Ten4 for maintenance purposes or for implementation of a Customer order for a change in service arrangements;

    v.  Interruptions of service due to force majeure events beyond the reasonable control of Ten4.

  a. Support Hours. Standard live support hours are Monday through Friday, 8am to 8pm EST/EDT. Routine requests for changes (MACDs) are processed during standard support hours. Emergency after hours, weekend and holiday support available 24/7 via call-back service.

    i. MACD: Routine request for Moves, Adds, Changes or Deletion of configured services (none service-affecting).

    ii. Low: Experiencing intermittent problems (e.g. static, echo) that do not impact the ability to conduct business.

    iii. Medium: Service is impaired, but Customer can still conduct business.

    iv. High: Experiencing 50% or more service outage of one or more locations, circuits, or lines. This may also include intermittent problems that are so severe that they impact the ability to conduct business.

  Note: All HIGH service outage tickets receive immediate attention and follow ups will be made every 2 hours until issue is closed.

  c. Customer Support Contacts. Ten4 has technical support available to assist Customer. Customer can contact Ten4’s management team listed below:

Customer explicitly requests and Ten4 shall submit a written request for disconnection to Customer’s current provider/s upon completion of porting of lines to Ten4’s service at each Customer location. Customer understands and agrees that a request for disconnect and cancellation does not guarantee performance of same; disconnection may be contingent upon final payment or other factors. Ten4 shall not be responsible for any charges resulting from Customer’s current provider failing to perform the requested disconnect.

Customer understands and agrees that Ten4’s ability to provide Services may be affected by Customer’s network design and any changes to its network design or security requirements may hinder or altogether prevent a Customer’s site from receiving Services. Should Customer make any network design changes which require Ten4 to operate within Customer’s network, Customer shall notify Ten4 as soon as reasonably possible. Ten4 shall make a reasonable effort to verify which, if any, Customer sites may be affected by the change and notify Customer within five (5) business days.