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FreedomPipe
Service Level Agreement
Digitel is committed to providing a reliable, high-quality network to support Customers using Digitel's FreedomPipe Service. This Service Level Agreement ("SLA") applies only to Digitel FreedomPipe Service with a Digitel provided local access circuit (T1 or greater) and with Digitel provided CPE. This SLA outlines the minimum service a Customer may expect from Digitel for the contracted service.
The following SLA represents Digitel's sole responsibility and the Customer's sole remedy related to FreedomPipe Service regarding the Voice Service Application SLA and any Voice Service Availability Guarantee.
DEFINITIONS
Customer
Customer shall mean a Digitel FreedomPipe customer who has executed a binding agreement for FreedomPipe Service, excluding any Customer whose account is, or during the period in question, was not in good financial standing with Digitel, or is in violation of the terms and conditions or Digitel's acceptable use policy outlined herein and in the FreedomPipe Terms of Service.
The terms of this SLA take effect immediately upon the completion of the Customer's service installation. Customer is eligible to receive credits for FreedomPipe Service not meeting its service commitments for the month, regardless of when the Customer's FreedomPipe Service was activated during that month. In the month when a Customer's FreedomPipe Service is terminated, the Customer is not eligible to receive credits for Digitel not meeting its service commitments for that month.
Seat Service Fee
Basic Seat Fee The seat license Fee is the base monthly recurring per seat fee paid for the Service. Excluded fees consist of virtual phone extensions, automated attendant, Front Desk, add-on voice features, IP addresses, conferencing, enhanced routing options, usage-based charges, or T-1 or other circuit charges.
Network Maintenance
Scheduled Network Maintenance refers to normal maintenance scheduled for the upgrade of FreedomPipe's data network, voice network, and servers used to deliver services to the Customer. Scheduled Maintenance may temporarily degrade the quality of service including possible outages. Digitel's policy is to notify the Customer one (1) day in advance of the Scheduled Network Maintenance. Such effects related to Scheduled Network Maintenance shall not give rise to service credits outlined in this SLA.
Urgent Network Maintenance
Urgent Network Maintenance refers to Digitel's efforts to correct network conditions that are likely to cause service outages or severe network performance degradation impacting multiple customers and requires immediate action. Urgent Maintenance may degrade the quality of service including possible outages. Digitel's policy is to notify the Customer with as much advance notice as possible under the circumstance prior to performing the maintenance. Such effects related to Urgent Network Maintenance shall not give rise to service credits outlined in this SLA.
SERVICE LEVEL AGREEMENT
Availability Guarantee: FreedomPipe T1 or Greater
When the service is provisioned at a Customer location over a FreedomPipe provided broadband connection of T1 speed or greater a credit allowance will be given for interruptions in the voice service application preventing inbound or outbound calling on any or all phone extensions or complete outage of any or all voice mail boxes at that Customer location in excess of 30 minutes for each seat affected. The time attributed toward Voice Service Unavailability begins when the Trouble Ticket reporting the outage is opened by Customer with Digitel and ends when the affected service is again operational. Two or more interruptions of 15-minutes or more during any one 24-hour period will be combined into one cumulative interruption.
| Length of Interruption |
Credit Per Seat Affected |
| 30 minutes to 1 hour |
1 day |
| 1 hour 1 minute to 24 hours |
3 days |
| 24 hours 1 minute or more |
10 days |
The Voice Service Availability guarantee is subject to the following limitations:
- Voice Services used at locations other than locations using FreedomPipe provided T1's are excluded from this SLA
- No credit allowance will be made for any interruption in service:
- Due to the negligence of or noncompliance with the provisions of the FreedomPipe Customer Agreement and Terms of Service. (including its payment terms)
- Due to the failure of power at the customer premise
- Due to the failure of customer premise equipment (CPE) or other Hardware
- Due to the failure of equipment, systems, connections or services not provided by Digitel
- Due to circumstances or causes beyond the reasonable control of Digitel
- During any period in which Digitel is not given full and free access to its facilities and equipment for the purposes of investigating and correcting interruptions
- Inability to access the Web-based voice portal will not give rise to service credits outlined in this SLA
- Service Level Guarantee excludes analog devices including, but not limited to fax machines, modems, credit card authorization devices, etc. as these devices are highly dependant on the technology of both the sending and the receiving device.
- Service Level Guarantees cannot be extended to devices or connections made from outside the FreedomPipe network such as cell phone connections, home office connections or any other connection made from outside the FreedomPipe direct network connection
The amount of credit available per month is subject to a cap described in the Agreement.
In the event that Customer should elect to cancel FreedomPipe service as allowed under the Terms of Service, Customer shall be responsible for all charges for services used, including any and all usage fees and all charges for hardware, and shall continue to be bound by Customers other obligations in regard to other services purchased from Digitel.
General
CREDIT AND PAYMENT PROCEDURE
To receive credit for the Voice Service Application Unavailability Guarantee, Customer must contact Digitel and open a trouble ticket at the time of trouble. Digitel applies service credits to the Customer's invoice within two (2) billing cycles.
Credits are based on the Customer's Basic Monthly Recurring Seat Fee and may arise from multiple service guarantees outlined in this SLA. The total combined credits applied to the Customer's FreedomPipe Service will not exceed the Basic Phone Extension Fees in any calendar month.
For purposes of calculating Service Credit, one (1) day credit of the FreedomPip service fee is equal to 1/30.33 of the monthly recurring FreedomPipe Service charge at the time of the outage for the FreedomPipe Service Seats adversely affected.
The Customer will pay its entire service bill, and shall not setoff any Service Credits it would anticipate receiving from Digitel. Customer shall cooperate with Digitel in any Service Claim investigations.
To receive Service Credit, Customer must be in good financial standing with Digitel and must be compliant with the terms and conditions of its FreedomPipe Terms of Service agreement. A Customer's failure to comply, including without limitation a failure to pay charges on a timely basis, will invalidate the Guarantees.
Service Credits delivered as remedies in conjunction with this SLA represent Digitel's sole responsibility and the Customer's sole remedy related to Digitel's FreedomPipe Service.
POLICY CHANGE
Digitel reserves the right to change, amend, or revise this SLA policy at any time. Changes or revisions to the SLA will be deemed effective upon posting the applicable revision on Digitel's website.
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