Service Level Agreement

AstraQom will use commercially reasonable efforts to avoid and remedy situations in which Customer is unable to receive inbound calls by means of the AstraQom Service (the “Service”). This Service Level Agreement (“SLA”) describes the remedies available to Customer in the event AstraQom’s Telephony Service application, as reported in AstraQom (the “Phone Service”) falls below the service levels provided herein. The terms of this SLA take effect immediately upon the completion of the Customer’s service activation. AstraQom is committed to providing a reliable, high-quality service to support Customers our Services. The Service Levels provided under this SLA does not include services provided with respect to the following matters: (i) any problems caused by modifications by Customer to Phone Service not made or authorized by AstraQom; or (ii) any problems resulting from the Customer combining or merging the Phone Service with any hardware or software not supplied by AstraQom, or not identified by AstraQom as compatible with the Phone Service. Notwithstanding anything contained herein to the contrary, the parties agree on the following definitions, terms and conditions:

 

The following SLA represents AstraQom’s sole responsibility and the Customer’s sole remedy regarding AstraQom’s Hosted PBX SLA, SIP Trunking SLA, Premise PBX SLA and any other Voice Service Availability Guarantee.

 

Phone Service Availability: The Customer acknowledges that AstraQom may occasionally have to interrupt services outside of this time period, including for purposes of upgrades and maintenance to the Phone Service application and the AstraQom’s data centers located around the world, in which case AstraQom shall endeavor to provide notice to Customer of the scheduled downtime. The Service Levels provided under this SLA does not include services provided with respect to the following matters: (i) any problems caused by modifications by Customer to Phone Service not made or authorized by AstraQom; or (ii) any problems resulting from the Customer combining or merging the Phone Service with any hardware or software not supplied by AstraQom, or not identified by AstraQom as compatible with the Phone Service. Notwithstanding anything contained herein to the contrary, the parties agree on the following definitions, terms and conditions:

 

Permitted Downtime: Means any time during a calendar month in which Customer is not able to receive inbound calls for the following reasons: (a) a scheduled maintenance period; (b) an emergency maintenance period in which AstraQom is required to provide maintenance as a result of conditions beyond AstraQom’s control, including, without limitation, a Force Majeure Event (as hereinafter defined) or otherwise, which maintenance is required to be performed on an emergency basis to maintain Total Scheduled Availability; (d) software or hardware not provided, controlled or authorized by AstraQom; (e) Force Majeure Events; (f) negligent or willful acts of Customer or its users; and (g) Customer’s failure to implement commercially reasonable changes in equipment or software recommended by AstraQom as essential to maintain service levels.

 

Downtime: Means any time during a calendar month in which Customer is not able to receive inbound calls for thirty (30) continuous minutes or longer due to the Phone Service for any reason other than a Permitted Downtime.

 

Force Majeure Events:  Means any event or condition that directly or indirectly prevents AstraQom from performing the Services hereunder, is beyond the reasonable control of AstraQom, and could not, by the exercise of due diligence, have been avoided in whole or in part by AstraQom, and shall include, subject to the foregoing and without limitation: any act of God, natural disaster, earthquake, war, riot, civil war, blockade, insurrection, cyber-attack (hacking and DDOS), acts of public enemies, civil disturbances or general restraint or arrest of government and people, boycott, strike (including a general strike), service interruption by a telecommunications services provider, or connectivity delays with internet providers outside of AstraQom’s reasonable control.

 

Total Scheduled Availability: Means 7 days a week, 24 hours a day in a calendar month, in minutes.

 

Actual Uptime: Means Total Scheduled Availability minus Downtime, in minutes. (vi) “Actual Uptime Percentage” means the Actual Uptime divided by the Total Scheduled Availability multiplied by 100 (Actual Uptime/Total Scheduled Availability X 100).

 

Customer: Customer shall mean an AstraQom customer who has executed a binding agreement for AstraQom’s Hosted PBX, SIP Trunking, Wholesale, Number Forwarding, Mass Broadcast, Toll Free Origination, excluding any Customer whose account is, or during the period in question, was not in good financial standing with AstraQom, or is in violation of the terms and conditions or AstraQom’s acceptable use policy outlined in AstraQom’s Terms of Service.

 

Customer Responsibilities: The client is responsible to provide suitable internet, data cabling & data networks with POE, and VLANS and voice prioritization for all IP based communications platforms therefore we are not responsible for any type of call quality issues.

 

Allowed Use: AstraQom Services shall be only used for legal purposes. In the case of wholesale clients, it is the responsibility of each wholesale client to ensure that their clients are genuinely involved in legal business and using the services in ways that are lawful only.

 

Service Fee: Basic Phone Extension Fee for a Customer is the base monthly recurring fee paid by the Customer for Hosted PBX phone extensions. The Basic Phone Extension Fee for a Customer with AstraQom’s Hosted PBX is the base monthly recurring fee paid for the Hosted PBX Bundle. Excluded fees consist of virtual phone extensions/voicemail, add-on voice features, ring groups, auto-attendants, or usage-based charges.

 

Network Maintenance: Network Maintenance means any time during a calendar month in which Customer is not able to receive inbound calls for the following reasons: (a) any maintenance for which AstraQom shall endeavor to provide notice to Customer at least 24 hours in advance. (b) an emergency maintenance period in which AstraQom is required to provide maintenance as a result of conditions beyond AstraQom’s control, including, without limitation, a Force Majeure Event (as hereinafter defined) or otherwise, which maintenance is required to be performed on an emergency basis to maintain Total Scheduled Availability; (c) software or hardware not provided, controlled or authorized by AstraQom; (d) Force Majeure Events; (e) negligent or willful acts of Customer or its users; and (f) Customer’s failure to implement commercially reasonable changes in equipment or software recommended by AstraQom as essential to maintain service levels.

 

Scheduled Network Maintenance: refers to normal maintenance scheduled for the upgrade of AstraQom’s data network, voice network, and servers used to deliver Phone Services to the Customer. Such effects related to Scheduled Network Maintenance shall not give rise to service credits outlined in this SLA.

 

Urgent Network Maintenance: Refers to AstraQom’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. AstraQom’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

 

Availability Guarantee: A credit allowance will be given for interruptions in the Phone Services preventing inbound or outbound calling on any or all phone extensions in excess of 30 minutes for each seat affected and AstraQom will give Customer a credit with respect to the Service fees paid by Customer.

 

The time attributed toward Voice Service Unavailability begins when the Trouble Ticket reporting the outage is opened by Customer with AstraQom 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 Service Interruption                    Credit by Service Interruption

30 minutes to 59 minutes                                                                                        1 day

1 hour to 24 hours                                                                                                    4 days

24 hours 1 or more                                                                                                 14 days

The Voice Service Availability guarantee is subject to the following limitations:

 

No credit allowance will be made for any interruption in service:

  1. Due to noncompliance with the provisions of AstraQom’s Terms of Service (including its payment terms)
  2. Due to the failure of power at the customer premise
  3. Due to the failure of customer premise equipment (CPE) or other Hardware
  4. Due to the failure of equipment, systems, connections or services not provided by AstraQom (including service interruption by Customer’s Internet Service Provider)
  5. Due to circumstances or causes beyond the reasonable control of AstraQom
  6. During any period in which AstraQom is not given full and free access to its facilities and equipment for the purposes of investigating and correcting interruptions
  7. Outbound services billed on per call basis. 

* Inability to access the Web-based voice portal will not give rise to service credits outlined in this SLA

The amount of credit available per month is subject to a cap as described in this Agreement.

 

Warranty Limitations: AstraQom’s warranty does not apply to any product that has been operated in a way which does not conform to the normal operating conditions of the product or to any product that has been misused in any way such that it would affect the reliability or performance of the product.  Any products added, removed, or access by anyone not authorized by AstraQom voids all warranty support and any time spent would be invoiced based on time and materials as required.

 

General: Credit and Payment Procedure: To receive credit for the Voice Services Availability Guarantee, Customer must contact AstraQom and open a trouble ticket at the time of trouble.  Customer must request a credit in writing within ten (10) calendar days of the Downtime, AstraQom applies service credits to the Customer’s invoice within two (2) billing cycles. The Customer will pay its entire service bill and shall not set off any Service Credits it would anticipate receiving from AstraQom. Customer shall cooperate with AstraQom in any Service Claim investigations. To receive Service Credit, Customer must be in good financial standing with AstraQom and must be compliant with the terms and conditions of AstraQom’s Terms of Service. 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 AstraQom’s sole responsibility and the Customer’s sole remedy related to AstraQom’s Phone Services provided.

 

Waiver and Severance: Any failure or delay in exercising or enforcing this policy shall not constitute a waiver of this policy or of any other right or remedy. AstraQom is not liable for any type of loss, expense or damage arising from stoppage, delay, or failure to give services within or beyond our control including, without limitation, a failure of or defect in any equipment, service or any facility failure causing the failure of an incoming or outgoing communication. In no circumstances shall we be liable in contract, tort, or otherwise for loss (whether direct or indirect) of profits, revenues, business, or expected savings, loss or corruption to data, damages to third parties or for any indirect or consequential loss whatsoever.

 

Policy Change: AstraQom reserves the right to change, amend, or revise this SLA policy at any time. You are expected to check this page periodically to take notice of any changes we make, as they are legally binding on you.  Amendments shall automatically come into effect 30 days after being posted on the website. Some of the provisions contained in this AUP may also be superseded by provisions or notices published elsewhere on our website.  Changes or revisions to the SLA will be deemed effective upon posting the applicable revision on AstraQom’s website.