Effective as of September 15, 2023
This Service Level Agreement (“SLA”) governs the use of the Voximplant Communication Platform (“Services”, “Voximplant Platform”) under the terms of Voximplant Master Subscription Agreement (“Agreement”) between Voximplant, Inc., a Delaware corporation with the principal address at 150 West 25th Street, RM 403 New York City, NY 10001, United States of America (“Voximplant”, “us” or “we”) and the Client (“you” or “Client”). Unless otherwise provided herein, the SLA is subject to the terms of the Agreement and capitalized terms will have the meaning specified in the Agreement.
1.1. The SLA intends to (i) define target levels of the Services provided by Voximplant, (ii) set up a mechanism for resolving problems relating to the delivery of the Services, and (iii) define the reporting arrangements to assess the actual level of service being provided. This SLA, together with the Order Form (if applicable) and the Agreement, form an integral part of the Contract.
1.2. This SLA does not intend to set up the terms of the technical support services provisioning. Client may contact Voximplant Support team by email to notify Voximplant on the Service unavailability, but apart from the internal works on the Services recovery, Voximplant shall not be obliged to provide Client any technical support services, unless there is a valid order for the Premium Technical Support Services executed by Client. Technical support services are subject to additional charge and provided according to the Premium Technical Support Policy available at https://voximplant.com/legal/premium-technical-support.
2. Services Availability
2.1. Subject to the availability of the Services and the terms and conditions of the Agreement, Voximplant shall provide access to the Services twenty-four hours a day, seven days a week - 24x7 (“Total Time”). Voximplant will maintain a 99.95% uptime for accessing the Voximplant Platform, excluding Excusable Service Failures (“Target Time”).
2.2. Voximplant uses self-developed software to monitor and control its network, computer, retrieval, analysis, and distribution systems. Current status of the Voximplant Platform can be accessed at https://status.voximplant.com.
2.3. The following contact details shall be used to notify any error in the course of the Services: firstname.lastname@example.org.
3. Excusable Service Failures
3.1. Failures resulting from the following events qualify as “Excusable Service Failures” and shall not be subtracted from the Total Time and shall be counted for the Target Time:
- all disruptions and malfunctions for which Voximplant or its subcontractors are not liable, including (i) the unavailability or limited availability of datacenter due to failures of networks or communication lines operated and/or controlled by third parties, such as leased lines and telecommunications between Voximplant, its data-centers, and/or Client, (ii) disruptions of third-party (e.g. social media platforms) content, as long as the disruption occurs outside of Voximplant’s reasonable control (i.e. banning of IP addresses, robots.txt barrier, change of telecom providers and other data platforms terms and conditions, disrupted availability of third-party content, suspension or termination of content provision by third-party platforms, etc.), (iii) external network attacks, (iv) any and all events of Force Majeure, and (v) any measures serving to repair disruptions and malfunctions as stipulated above;
- maintenance measures, including those (i) occurring within the scheduled maintenance, or (ii) occurring outside the scheduled maintenance after being announced at least 24 hours in advance, such as technical check-ups of the emergency power supply or of the datacenter’s infrastructure;
- Minor errors that do not affect overall operation and accessibility of the services (e.g. layout errors, delays in data dispatch, non-availability of subsets of coverage and data, individual data drops);
- Classification and content-extraction errors; and
- any unavailability events on which the Client has been notified in advance on the possible impairment.
4. Service Credits
4.1. In case the actual Services availability time per calendar month, due to an event that does not qualify as the Excusable Service Failures, is less than the Target Time, Client is entitled to request from Voximplant the application of a certain discount of the applicable fees, as detailed below (“Service Credits”).
4.2. For every sixty (60) consecutive minutes of non-compliance with the Target Time per calendar month above six (6) hours in aggregate per calendar month, Voximplant will credit 0.5% of the monthly fees related to Client’s Pricing plan up to a maximum of 10% of the monthly fees paid by Client in the month during which the Service Credit was requested by Client. For the sake of clarity, any potential additional hour of non-compliance with the Target Time below six (6) hours in aggregate per calendar month shall not be compensated;
4.3. To receive a Service Credit, Client shall submit an email request to Voximplant’s support team email@example.com within five (5) days from the last day of the calendar month in which Client claims Voximplant failed to meet the applicable Target Time. Client’s submission shall include at least exact list of downtimes, the Services affected, and their corresponding duration. Upon receipt by Voximplant’s support team, Voximplant will verify the submission based on its own logs and will provide Client with a final response on the claim within 10 (ten) business days. If Voximplant approves Service Credit claim, Voximplant will issue a credit note together with the next invoice to be issued.
4.4. The maximum amount of the Services Credits that may be awarded to Client by Voximplant shall not exceed 10% of the monthly fee paid by Client in the calendar month in which Voximplant failed to meet the Target Time. Any further claims or requests based upon this SLA due to decreased availability, including but not limited to claims for damages, are expressly excluded.
4.5. Client waives its right to claim the Service Credit if the claim is not made within five (5) days from the last day of the calendar month in which Client claims Voximplant failed to meet the applicable Target Time.
4.6. NOTWITHSTANDING ANY OTHER PROVISION CONTAINED IN ANY OTHER AGREEMENT OR ORDER FORM, SERVICE CREDITS SHALL BE CLIENT'S SOLE AND EXCLUSIVE REMEDY FOR ANY UNAVAILABILITY OR NON-PERFORMANCE OF THE VOXIMPLANT SERVICES OR OTHER FAILURE BY US TO PROVIDE THE VOXIMPLANT SERVICES AND/OR FOR THE NON-COMPLIANCE WITH THE SERVICE LEVEL AGREEMENT.