Service Level Agreements

Service Level Commitment For Voice Services: CallTower's Service Level Commitment is to provide 99.99% uptime in any calendar month.

Service Level Commitment For Voice Messaging Services: CallTower's Service Level Commitment is to provide 99.99% uptime in any calendar month.

Service Level Commitment For Email Services: CallTower's Service Level Commitment is to provide 99.99% uptime in any calendar month.

Service Level Commitment For Internet Services: CallTower's Service Level Commitment is to provide 99.99% uptime in any calendar month.

Scheduled Maintenance: At its election, CallTower may schedule maintenance. When Customer is notified 24 hours in advance; maintenance is performed during a standard maintenance window Thursday through Saturday 11PM to 4AM Pacific Time; and notice of Scheduled Maintenance is provided to Customer's designated point of contact by a method elected by CallTower by either telephone, email, fax, or pager, such service unavailability shall not be considered a factor in determining Service Level Availability.

Service Level Availability Process:If Customer opens a trouble ticket with CallTower Customer Support within 5 days of Customer's failure to access CallTower's Service, and CallTower determines in its reasonable commercial judgment that the Service is unavailable due to an outage caused solely by the items of the service managed by CallTower, that service interruption will be used to calculate Service unavailability to determine the remedies provided below.

Service shall be deemed by CallTower to be unavailable if CallTower's servers are not responding to HTTP requests; CallTower services are not responding to telephone calls made through the PSTN; or emails to and/or from CallTower's servers are not processed. CallTower's records and data shall be the basis for all service availability calculations and determinations. Scheduled maintenance shall not be deemed Service unavailability.

Unavailability of CallTower's Service due to acts of Customer or its agents; Customer power outage; network unavailability external to the CallTower data center, even if contracted by CallTower for the benefit of Customer; or events of Force Majeure shall not be deemed Service unavailability for the purpose of this Commitment.

Availability GuaranteeCallTower's Availability Guarantee declares that the specified CallTower Service (Voice Services, Messaging Services, Email Services) will be available 99.9% of the time. If CallTower fails to meet this Guarantee during any given calendar month, Customer's account is eligible to be credited for the value of the affected service. At Customer's request, CallTower will calculate the Service Availability" in a calendar month. "Service Availability" consists of the number of minutes that the affected CallTower Service was not available to Customer.

Service will not be deemed unavailable when an unavailability continuing for one hour is not reported by Customer to CallTower within five days, or any unavailability resulting from: (a) Scheduled maintenance; (b) interruptions relating to RIM services, spam and virus, account codes, network connections, client Outlook, and DNS services; (c) external network connection interruption by a third party even when contracted by CallTower on behalf of Customer; (d) connections brought down by company or individual (including Customer) outside of CallTower; (e) Customer's applications, equipment, or facilities; (f) Acts or omissions of Customer, or any use or user of the service authorized by Customer; or (g) Reasons of Force Majeure (as defined in the applicable service agreement).

CompensationIf CallTower fails to meet this Availability Guarantee, the account shall be credited, at Customer's request, the pro-rated charges, which include one day of value of the affected CallTower Service for each cumulative hour of Service Unavailability in excess of one hour per month.

For purposes of determination of compensation, the following values of CallTower Services will be utilized:

Voice Services: $50/month/user;
Voice Messaging Services: $26/month per user;
Email Services: $16/month/user; and
Internet Services: $450/month.