Service Level Agreement

SERVICE LEVEL AGREEMENT

This Service Level Agreement (this “SLA”) is a policy governing the use of the CallN Services and applies separately to each account using the Included Services. In the event of a conflict between the terms of this SLA and the terms of the CallN Terms or other agreement with us governing your use of our Services (the “Agreement”), the terms and conditions of this SLA apply, but only to the extent of such conflict.

General Service Commitment

CallN will use commercially reasonable efforts to make the Included Services available with a Monthly Uptime Percentage of at least 99.5% during any monthly billing cycle (the “Service Commitment”). In the event that the Included Service does not meet the Service Commitment, you will be eligible to receive a Service Credits as described below.

Service Credits

Service Credits are calculated as a percentage of the total monthly subscription charges paid by you (excluding one-time payments such as transcription hours top-up, training courses or hardware) for the monthly billing cycle in which the Unavailability occurred in accordance with the schedule below.

We will apply any Service Credits only against future payments for the Service otherwise due from you. At our discretion, we may issue the Service Credits to the credit card you used to pay for the billing cycle in which the Unavailability occurred. Service Credits will not entitle you to any refund or other payment. Service Credits may not be transferred or applied to any other account.

Credit Request and Payment Procedures

To receive a Service Credits, you must submit a claim by e-mail to CallN Support [email protected]. To be eligible, the credit request must be received by the end of the next billing cycle in which the incident occurred and must include:

1. the CallN domain name of your account;
2. the name, email address, and telephone number of the Customer’s designated contact;
3. the words “SLA Credit Request” in the subject line;
4. the dates and times, of each Unavailability incident that you are claiming.

If the Monthly Uptime Percentage of such request is confirmed by us and is less than the Service Commitment, then we will issue the Service Credits to you within one billing cycle following the month in which your request is confirmed by us. Your failure to provide the request and other information as required above will disqualify you from receiving a Service Credits. Unless otherwise provided in the Agreement, this SLA sets forth your sole and exclusive remedies, and CallN’s sole and exclusive obligations, for any unavailability, non-performance, or other failure by us to provide the Service.

Definitions

• “Monthly Uptime Percentage” is calculated by subtracting from 100% the percentage of minutes during the month in which the Service was in the state of Unavailability less any Exclusion from Downtime.
• A “Service Credit” is a dollar credit, calculated as set forth above, that we may credit back to an eligible account.
• “Unavailability” means the time in which the service is not capable of being accessed or used by the Customer, as monitored by CallN.
• “Exclusion from Downtime” The following are not counted as Downtime for the purpose of calculating Monthly Uptime Percentage:

Service Unavailability caused by scheduled maintenance of the platform used to provide the applicable service (CallN will endeavour to provide seven days’ advance notice of service-affecting scheduled maintenance);

or

Service Unavailability caused by events outside of the direct control of CallN or its subcontractor(s), including any force majeure event, the failure or Unavailability of Customer’s systems, the Internet, and the failure of any other technology or equipment used to connect to or access the service.

Last Updated: September 4, 2019