Cloud PBX Hosting
Service Level Objectives
LISS will use commercially reasonable efforts to provide the Cloud PBX Hosting Services on an uninterrupted basis, subject to allowances for circumstances beyond LISS’ control and required network maintenance as set forth below. In the event of “Service Downtime,” which exists when one or more VoIP telephone system users are unable to receive inbound and/or place outbound voice calls, LISS will provide Client with a Service Level Credit as set forth in the following Section. To be eligible for a Service Level Credit in connection with a Service Downtime Event, Client must open a ticket with LISS’ HelpDesk. Service Level Credits for Service Downtime do not apply to call quality.
Service Level Credits
If Service Downtime Events are properly reported to LISS’ HelpDesk, you will be entitled to a Service Level Credit in an amount determined by reference to the table below, which will be applied to your next monthly invoice.
Total Amount of Service Downtime / Amount of Monthly Bill Credit
- 10-30 minutes = 1 day’s credit
- 31-60 minutes = 2 days’ credit
- 61-120 minutes = 4 days’ credit
- 121-240 minutes = 6 days’ credit
- Over 241 minutes = 10 days’ credit
The number of minutes in all separate and discrete Service Downtime Events that occur during a month will be cumulated to determine the total amount of Service Downtime. The maximum Service Level Credit that will be granted with respect to a monthly billing period is ten (10) days’ worth of the recurring Monthly Service Fees.
Exceptions
Client will not be entitled to a Service Level Credit for Service Downtime due to power failure, internet failure, Force Majeure, outages affecting multiple carriers or a specific geographic area, failure of Client’s inside wiring or LAN, failure of other CPE (i.e. customer premises equipment), changes made by Client to the Service, failure of third party equipment, Client’s refusal to cooperate or provide access, or any other event beyond the reasonable control of LISS.
Off-Net Service
Without limiting the generality of the previous Section, unless Client has entered into a written agreement with LISS for the provision of a T1 line or other dedicated connection between Client’s offices or facilities and the server on which LISS provides the Cloud PBX Hosting Services, LISS makes no representation or warranty concerning the functionality or use of Client’s connection to the Cloud PBX Hosting Services. In such an Off-Net deployment, Client has obtained broadband internet services from a provider other than LISS and the maintenance of such services is the sole responsibility of Client.
Planned Network Maintenance
Service Level Credits shall not be payable in connection with commercially reasonable repairs, upgrades or modifications to LISS’ systems or infrastructure that are scheduled in advance.
Emergency Maintenance
If necessary to avoid imminent harm, prevent further or repeated interruptions on the Service network or in other emergency circumstances, LISS may interrupt the Services on such limited notice, including no notice, as is reasonably feasible under the circumstances and such an interruption shall not give rise to an entitlement to a Service Level Credit.
Private Cloud Hosting
Service Level Objectives
LISS will use commercially reasonable efforts to ensure that the Data Center Network will be available 100% of the time, subject to allowances for circumstances beyond LISS’ control and required network maintenance as set forth in Exceptions Section below. “Data Center Network” means the hardware, hypervisors and other aspects of the environment at the data center or other facility at which the Services are physically hosted, from the border with the Internet inward. In the event of “Service Downtime,” which means unavailability of the Services due to a problem with the Data Center Network, LISS will provide Client with a Service Level Credit as set forth in the following Section. To be eligible for a Service Level Credit in connection with a Service Downtime Event, Client must open a ticket with LISS’ HelpDesk.
Service Level Credits
If Service Downtime Events are properly reported to LISS’ HelpDesk, you will be entitled to a Service Level Credit in an amount equal to 5% of the Base Monthly Service Fee for the Private Cloud Hosting Services for each full 60 minute increment of Service Downtime, which will be applied to your next monthly invoice. The maximum Service Level Credit that will be granted with respect to a monthly billing period is 100% of the Base Monthly Service Fee for that billing period.
Apart from the right to terminate a Service Contract that is provided for, such Service Level Credit shall be Client’s sole remedy for any failure by LISS to meet the Service Level objectives set forth.
Exceptions
a) Client will not be entitled to a Service Level Credit for Service Downtime due to power failure, Internet failure, Force Majeure, failure of Client’s network, systems or equipment, changes made by Client to the Services, Client’s refusal to cooperate, or any other event beyond the reasonable control of LISS.
b) Service Level Credits shall not be payable in connection with planned maintenance, i.e. commercially reasonable repairs, upgrades or modifications to the Data Center Network that are scheduled in advance.
c) If emergency maintenance is necessary to avoid imminent harm, prevent further or repeated interruptions of the Services or in other emergency circumstances, LISS may interrupt the Services on such limited notice, including no notice, as is reasonably feasible under the circumstances and such an interruption shall not give rise to an entitlement to a Service Level Credit.
Last Updated: 06/01/2020
