SLA – THE COMPLETE SONAR SERVICE LEVEL AGREEMENT

Customer

Customer shall mean a net2phone Canada customer who has executed a binding agreement for net2phone Canada’s Hosted PBX, excluding any Customer whose account is, or during the period in question, was not in good financial standing with net2phone Canada, or is in violation of the terms and conditions or net2phone Canada’s acceptable use policy outlined in net2phone Canada’s Terms of Service.

The terms of this SLA take effect immediately upon the completion of the Customer’s service activation. In the month when a Customer’s Hosted PBX are terminated, the Customer is not eligible to receive credits for net2phone Canada not meeting its service commitments for that month.

Service Fee

Basic Phone Extension Fee for a Customer is the base monthly recurring fee paid by the Customer for Hosted PBX phone extensions. The Basic Phone Extension Fee for a Customer with net2phone Canada’s Hosted PBX is the base monthly recurring fee paid for the Hosted PBX Bundle. Excluded fees consist of virtual phone extensions/voicemail, add-on voice features, ring groups, auto-attendants, or usage-based charges.

Network Maintenance

Scheduled Network Maintenance refers to normal maintenance scheduled for the upgrade of net2phone Canada’s data network, voice network, and servers used to deliver Hosted PBX to the Customer. Scheduled Maintenance may occur at any time during our maintenance window of 12:00AM – 5:00AM EST. Such effects related to Scheduled Network Maintenance shall not give rise to service credits outlined in this SLA.

Urgent Network Maintenance refers to net2phone Canada’s 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. net2phone Canada’s 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.

Availability Guarantee

A credit allowance will be given for interruptions in the Hosted PBX service preventing inbound or outbound calling on any or all phone extensions in excess of 30 minutes for each seat affected. The time attributed toward Voice Service Unavailability begins when the Trouble Ticket reporting the outage is opened by Customer with net2phone Canada 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.

Length of Interruption & Credit Per Seat Affected

• 30 minutes to 1 hour: 1 day credit per seat
• 1 hour 1 minute - 24 hours: 3 days credit per seat
• 24 hours, 1 minute and more: 15 days credit per seat

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

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

1. Due to noncompliance with the provisions of net2phone Canada’s 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 net2phone Canada (including service interruption by Customer’s Internet Service Provider)
5. Due to circumstances or causes beyond the reasonable control of net2phone Canada
6. During any period in which net2phone Canada is not given full and free access to its facilities and equipment for the purposes of investigating and correcting interruptions

* Inability to access the Web-based voice portal will not give rise to service credits outlined in this SLA

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

Credit and Payment Procedure

To receive credit for the Voice Services Availability Guarantee, Customer must contact net2phone Canada and open a trouble ticket at the time of trouble. net2phone Canada applies service credits to the Customer’s invoice within two (2) billing cycles.

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

For purposes of calculating Service Credit, one (1) day credit of the net2phone Canada service fee is equal to 1/30.33 of the monthly recurring Hosted PBX charge at the time of the outage for the Hosted PBX Seats adversely affected.

The Customer will pay its entire service bill, and shall not setoff any Service Credits it would anticipate receiving from net2phone Canada. Customer shall cooperate with net2phone Canada in any Service Claim investigations.

To receive Service Credit, Customer must be in good financial standing with net2phone Canada and must be compliant with the terms and conditions of net2phone Canada’s 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 net2phone Canada’s sole responsibility and the Customer’s sole remedy related to net2phone Canada’s Hosted PBX.

Policy Change

net2phone Canada 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 net2phone Canada’s website.