April 29, 2016
This Service Level Agreement (“SLA”) governs your use of the Aerialink “Service” under the Terms of Service between Aerialink, Inc. (“Aerialink”) and users of the Service (“you”). This SLA is incorporated by reference into and governed by the Terms of Service which takes precedence over any conflicting provisions in this SLA and applies separately to each account using the Aerialink Service. Unless specified otherwise, defined terms in the Terms of Service shall have the same meaning here. Aerialink reserves all rights to change the terms of this SLA in accordance with the Terms of Service.
During the term of your use of the Service, Aerialink will use reasonable commercial efforts to provide the “Service” to you 99.95% of the time in any calendar month (the “Service Level Objective” or “SLO”). If Aerialink does not meet the SLO, and if you are fully compliant with your obligations under the Terms of Service and this SLA, you will be eligible to receive the Financial Credit described below.
“Service” includes and is limited to all technical interfaces, such as API and SMPP, which are required to send and receive messages or voice content to and from the Aerialink telecommunication carrier network. Any user portals, reporting systems, or other services not required for real-time communication services are specifically excluded from the scope of the Aerialink “Service.”
“Unavailable Period” means a period of greater than ten consecutive minutes during which the Service is not available to you according to third party performance and monitoring services which are contracted by Aerialink. These reports are currently available at status.aerialink.net. Intermittent unavailability for a period of ten minutes or less will not be counted towards any Unavailable Periods.
“Monthly Uptime” is calculated by subtracting from 100% the percentage of continuous five minute periods during the Service Calendar Month in which the Aerialink “Service” was unavailable and classified as a (“Service Outage”).
“Service Credit” or “Financial Credit” is a US Dollar credit, calculated as set forth below, which Aerialink would apply to a unique, applicable, and eligible customer account.
Within a calendar month where the calculated and published Uptime Monthly Percentage, as identified by the Aerialink contracted third party monitoring service, at its absolute sole discretion after confirming the nature of accuracy of the Unavailable Time and corresponding Service Outage, Aerialink will credit the customer’s account a percentage of that month’s billings as defined by the following table:
|Monthly Unavailable and Service Outage Period||Service/Financial Credit||<99.95%||10%|
In order to receive any Service and Financial Credits as described above, you must notify Aerialink within thirty days from the time you become eligible to receive a Financial Credit. Failure to comply with this requirement will forfeit your right to receive a Financial Credit. Aerialink, at its sole discretion after confirming the accuracy of the Unavailable Period, will issue you Financial Credits in the form of a monetary credit applied to future use of the Service and will be applied within 60 days after the Financial Credit was requested. No cash refunds will be provided, and Financial Credits may not be transferred or applied to any other account.
This SLA does not apply to, and no Unavailable Period or Service Outage shall be deemed to have occurred with respect to, any Service issues that (i) are caused by factors outside of Aerialink’s reasonable control, including, without limitation, any force majeure event, carrier related problems or actions, or Internet access problems beyond the access point to Aerialink’s network; (ii) result from your software or hardware or third party software or hardware, or both; (iii) arise from your suspension and termination to use the Service, in accordance with the Terms of Service, (v) scheduled maintenance; or (vi) features or Service designated as Alpha or Beta by Aerialink in its sole discretion.
April 29, 2016