January 11th, 2011

CallTower Service Level Agreements

Updated Feb 2012

Scheduled Maintenance: At its election, CallTower may schedule maintenance during a standard maintenance window Thursday through Saturday 11PM to 4AM Pacific Time and will provide Customer with 24 hours’ notice of all scheduled maintenance; notice of Scheduled Maintenance shall be provided to Customer’s designated point of contact by a method elected by CallTower including 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 hypertext transfer protocol (HTTP) requests; CallTower Services are not responding to telephone calls made through the public switch telephone network (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. Unavailability of CallTower’s Service due to (a) acts or omissions of Customer, its agents or any use or user of the Service authorized by Customer; (b) Customer power outage; (c) private network unavailability external to the CallTower data center or outages resulting from services from Tier 1 partners such as, but not limited to, Sprint, Level3, XO, and TW Telecom, even if contracted by CallTower for the benefit of Customer; (d) scheduled maintenance; (e) interruptions relating to RIM services, spam and virus, account codes, network connections, client Outlook, and DNS services; (f) external network connection interruption by a third party even when contracted by CallTower on behalf of Customer; (g) connections brought down by any company or individual (including Customer) outside of CallTower; (h) Customer’s applications, equipment, or facilities; or (i) events of Force Majeure shall not be deemed Service unavailability for the purpose of these Service Level Agreements. Where CallTower deliver its Services over the Internet (outside a private network) to small offices or individual users CallTower cannot guarantee availability and are thus expressly excluded from these Service Level Agreements.

Service Level Agreements: CallTower’s Service guarantee ensures that Customers receive the following levels of Service:
Service Level Commitment For Voice Services: 100% uptime in any calendar month
Service Level Commitment For Voice Messaging Services: 100% uptime in any calendar month
Service Level Commitment For Email Services: 100% uptime in any calendar month
Service Level Commitment For Internet Services: 100% uptime in any calendar month

Availability Guarantee: CallTower’s Availability Guarantee declares that the specified CallTower Service (Voice Services, Messaging Services, Email Services and Internet Services) will be available 100% 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.

Compensation: At Customer’s request, the pro-rated charges will be in the amount of 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
• Internet Services: $450/month