Service Level Agreement
Revision Effective: 07-01-2011
Overview
This Service Level Agreement (hereinafter also referred to as “SLA”) is agreed and entered into by and between FaxLogic, LLC, its subsidiaries and affiliates (hereinafter collectively referred to as “FaxLogic”), AND the “Subscriber” (as defined below) of FaxLogic services and any related products and services thereto (hereinafter collectively referred to as “Services”), effective concurrently with the Terms of Service Agreement (hereinafter also referred to as “TOSA”) available elsewhere on FaxLogic.com (hereinafter referred to as “Website”) upon subscription to FaxLogic Services. Further, this Service Level Agreement is hereby incorporated into and made an enforceable part of the Terms of Service Agreement and notwithstanding anything to the contrary, this Service Level Agreement, its terms and any and all Subscriber(s) hereof and hereunder, shall be bound by and subject to the Terms of Service Agreement. In any instance of conflict between this Service Level Agreement and the Terms of Service Agreement, the Terms of Service Agreement shall govern such instance(s) of conflict.
This SLA sets forth, in complete form and substance, FaxLogic's sole SLA with, for and on behalf of Subscribers of Single User Service Plans and Multi-User Service Plans, as described in Section 1b (i) and (ii) in the TOSA, during the term of FaxLogic's provision and Subscriber's use of the subject FaxLogic Services. In the event the Subscriber of a Single User Service Plan or Multi-User Service Plan changes such subscription to an Enterprise Service Plan, FaxLogic may supplant this SLA with an Enterprise Service Level Agreement and condition such Service Plan change upon Subscriber's express acceptance and acknowledgment of the Enterprise Service Level Agreement and any associated agreement(s) thereto.
Further, this SLA sets forth, contains and represents the complete and sole responsibility and liability of FaxLogic, and Subscriber's sole remedy and recourse with respect to the subject FaxLogic Services and its performance of same. This SLA applies solely to Subscriber accounts originated through this Website and shall not apply to any product(s) or service(s) sold by FaxLogic that is/are provided by third parties.
FaxLogic may amend or revise this Agreement at its sole election from time to time. Notice of any such amendments or revisions shall be deemed given (i) when posted on this Website no less than thirty (30) calendar days prior to the effective date listed on such amendment or revision, or (ii) when timely delivered by e-mail, facsimile or other communications permitted or required by applicable law. Subscriber's continued use of FaxLogic Services after the effective date shall be deemed as acceptance of the posted amendments or revisions. If Subscriber does not accept the posted amendments or revisions, Subscriber shall immediately discontinue use of all FaxLogic Services and terminate any subscription to said Services pursuant to the termination procedures enumerated in the TOSA.
1. Definitions
Subscriber is defined herein as the subscriber, business or organization bound by the TOSA through the subscriber's authority, and all respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors and assigns, as well as all users or beneficiaries of FaxLogic Services, who has/have subscribed to a Single User Service Plan or Multi-User Service Plan.
Downtime is defined as the total number of minutes during a calendar month in which the service is unavailable, multiplied by the number of affected users.
User Minutes is defined as the number of minutes in a calendar month multiplied by the total number of users allocated to your account.
Availability is defined by the formula: ((User Minutes - Downtime) / User Minutes) * 100.
Transmission Failure is defined as the partial or complete failure of the transmission or reception of a fax sent from or received to Subscriber's FaxLogic account.
Scheduled Maintenance is defined herein as normal activities scheduled for the upgrade or maintenance of FaxLogic networks and systems. Such Scheduled Maintenance may degrade or disrupt Services. Such effects related to Scheduled Maintenance shall not give rise to Service Credits or other Subscriber remedies outlined herein this SLA.
Eligible Credit Period is defined herein as a thirty (30) calendar day period following the specific instance in which this SLA was not met.
Trouble Ticket is defined herein as a notification (i) by telephone from the Subscriber to a FaxLogic designated support phone number used for such notifications, or (ii) by electronic means through the FaxLogic designated Online support forum, help desk or e-mail used for such notifications. A Trouble Ticket shall not be deemed valid unless all information necessary for FaxLogic to perform proper testing, troubleshooting and repair is provided by Subscriber. Further, a Trouble Ticket shall not be deemed valid if FaxLogic is denied access to the Subscriber's network or to any Fax Adapter Equipment necessary to properly test, troubleshoot, repair and/or restore Services.
Service Credit is defined herein as a credit, expressed in legal currency, issued to the eligible Subscriber's account which filed the qualifying Service Credit Claim. Service Credits under this SLA shall be calculated on the basis of the actual monthly recurring charges associated with the specific instance this SLA was not met and shall not include charges related to one-time fees, equipment purchases, bulk Usage Credit purchases, or other transactions for items that are not fully consumed within the month.
2. Service Commitment
FaxLogic is committed to maintaining high standards of excellence and meeting both industry and Subscriber performance expectations. In its ongoing effort to provide highly reliable and available facsimile and document communications, storage and management services, FaxLogic provides this SLA to its Subscribers.
FaxLogic shall provide a target Availability of ninety-nine and nine tenths percent (99.9%) and a target transmission reliability percentage ("Fax Transmission Reliability") of one hundred percent (100%) for each calendar month during the term of subscription. If a specific instance of FaxLogic Services fails to meet the Availability or Fax Transmission Reliability provisions listed herein, Subscriber may be eligible for a Service Credits or Usage Credits as follows:
a) In any month in which a qualifying Availability event occurs, the eligible Service Credit shall be based on the following table, as a percentage of the eligible charges billed in that month:
i)
< 99.9% = 15% credit;
ii)
< 99% = 30% credit;
iii)
< 95% = 50% credit;
iv)
< 90% = 100% credit;
b) For each instance of a qualifying Transmission Failure event, the Subscriber is eligible to receive Usage Credits equal to the number of pages or Usage Credits charged for the qualifying fax message. For example, if the qualifying fax message was a 5-page fax sent to a destination with a page rate of 2, the calculated number of credits would be 10.
3. Service Credit Claims & Procedures
To receive a Service Credit, Subscriber must submit to FaxLogic an acceptable Service Credit Claim within the Eligible Credit Period. To submit an acceptable Service Credit Claim, Subscriber may send e-mail to support@faxlogic.com or send by facsimile to (972) 664-3801 such claim, provided it includes:
a) Subscriber's name and account number;
b) the date(s) and time(s) of each claimed incident of Unavailability or Transmission Failure; and
c) a detailed description of the claimed incident, including all available supporting information or documentation.
FaxLogic may, at its sole election, reject any Service Credit Claim that:
i) does not include all of the required information enumerated above;
ii) is not submitted within the Eligible Credit Period;
iii) is subject to Exclusion(s) listed herein this SLA;
iv) is not or cannot be confirmed or otherwise qualified for Service Credit;
v) is submitted by a Subscriber whose service has been suspended or terminated pursuant to the TOSA, or;
vi) is submitted by a Subscriber who currently is, or was at the time of any claimed incident of Unavailability or Transmission Failure, in breach of any of the Terms of the TOSA.
Prior to submitting any Service Credit Claim for Availability, Subscriber must submit a Trouble Ticket for each specific instance in which this SLA was not met. FaxLogic shall use its records, including without limitation all applicable Trouble Tickets, to verify this SLA was not met. If FaxLogic confirms and approves Subscriber's Service Credit Claim, Subscriber shall receive a Service Credit as provided by this SLA.
Service Credits shall be issued within one billing cycle following the month in which the Service Credit Claim was approved by FaxLogic. In no event shall Service Credits entitle Subscribers to any refund or other payment from FaxLogic, and Service Credits may not be transferred or applied to any other account.
Usage Credits shall be issued within thirty (30) days following the approval by FaxLogic of the qualifying Transmission Failure event. Any Transmission Failure event referenced in a submitted Claim shall be ineligible for use in future claims.
4. Exclusions
This SLA expressly excludes and shall not cover, nor shall FaxLogic be responsible or liable for, any event or incident arising from or related to any availability, reliability, performance or any other provision of Services affected by:
a) Scheduled Maintenance of FaxLogic networks and systems;
b) acts, omissions, negligence or abuse of or by Subscriber or any of its contractors or agents;
c) suspension or termination of Subscriber's Services for any breach of the TOSA;
d) behavior, failure or interruption of Subscriber or third party services, technologies, software, equipment and/or facilities beyond FaxLogic's control;
e) systemic Internet or other telecommunications network or utility grid failure or interruption; or
f) acts of God, acts of terrorism, acts of war, civil disorder, natural disaster or other circumstances beyond the reasonable control of FaxLogic.
