SERVICE LEVEL AGREEMENT

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1 SERVICE LEVEL AGREEMENT 1. OVERVIEW AND POLICY Broadvox is committed to providing the highest levels of service, performance and reliability of its services (the Services ). As one measure of our ongoing commitment to delivering an excellent customer experience, Broadvox provides this Service Level Agreement ( SLA ) to its customers covering the Services and provides the ability for its customers to determine adherence to this SLA. This SLA sets forth the Broadvox target network performance and service level metrics for its Services. This SLA does not apply to Internet connectivity or local loop facilities provided by third parties, although failure and/or inadequate performance of such connectivity will affect the Broadvox Services delivered to the Customer s Premises. This SLA shall apply to the following Services: Broadband (Broadvox-provided Broadband or GOBroadband), Hosted Voice (GOVBX Managed, GOVBX A la carte, Managed Hosted Voice, or Hosted Communications), and SIP Trunking (Broadvox SIP Trunking or GO SIP). This SLA is read in conjunction with Broadvox s complete Master Terms and Conditions ( MTCs ) which can be found at and which are incorporated herein. Any capitalized terms used herein but not otherwise defined shall have the meanings set forth in the MTCs. 2. CATEGORY DEFINITIONS The following information defines Broadvox s SLA categories and their respective measurements ( Metrics ). The actual SLA Metrics for each product are defined in the Metrics Summary table in Section 3 below. 1

2 (a) Installation Broadband-only Services Voice Services (Hosted Voice and SIP Trunking) with Customer-provided or Broadvox-provided Broadband Definition The installation timeline for the Broadband Service is defined as the period of time between Broadvox s countersignature on the Customer s Service Order and the day IP connectivity can be validated by Broadvox installers. The installation timeline target may vary by Broadband technology. The installation timeline for the Voice Service is defined as the period of time between Broadvox s countersignature on the Customer s Service Order and the day inbound and outbound call placement can be validated by Broadvox installers from the installation location. The Installation Guarantee set forth in Section 3(a) below is not valid if the Broadvox installers cannot successfully validate IP connectivity via the Customer-Provided Broadband connection that will be utilized for the Voice Service on the day of installation. (b) Availability Broadband-only Services Voice Services (Hosted Voice and SIP Trunking) with Customer-provided or Definition The availability measurement for the Broadband Service is defined as the percentage of time over the monthly service period that the Broadband service is capable of passing IP packets. The availability measurement for the Voice Service is defined as the percentage of time over the monthly service period that Broadvox s voice platform is capable of supporting voice 2

3 Broadvox-provided Broadband calling. (c) Mean Time to Respond All Services Definition The Mean Time to Respond measurement is defined as the date and time a trouble issue is reported by the Customer and a trouble ticket is opened to the date and time a Broadvox technician first responds via the trouble ticket. (d) Mean Time to Repair All Services Definition The Mean Time to Repair measurement is defined as the date and time a trouble issue is reported by the Customer and a trouble ticket is opened to the date and time the trouble issue is resolved and reported in the trouble ticket. 3. SERVICE LEVEL AGREEMENT METRICS SUMMARY This section sets forth the SLA Metrics by category for Broadvox s Services: (a) Installation Guarantees * Hosted Voice or SIP Trunking (with IAD) and Customer-Provided Calendar Days 10 3

4 Broadband SIP Trunking (without IAD) and Customer-Provided Broadband 5 Hosted Voice or SIP Trunking (with IAD) and Broadvox-Provided On-net Broadband SIP Trunking (without IAD) and Broadvox-Provided On-net Broadband Hosted Voice or SIP Trunking (with IAD) and Broadvox-Provided DSL Broadband Services Hosted Voice or SIP Trunking with Broadvox-Provided T1/Bonded T1 Broadband Services Hosted Voice or SIP Trunking with Broadvox-Provided Ethernet Broadband Services Hosted Voice or SIP Trunking with Broadvox-Provided DS3 Broadband Services 35 Broadvox On-net Broadband only 10 DSL Broadband Services only 30 T1/Bonded T1 Broadband Services only 30 Ethernet Broadband Services only 45 DS3 Broadband Services 30 * Installation Guarantees do not apply to orders that are porting numbers from another provider. (b) Service Metrics Availability Mean Time to Respond Mean Time to Repair Hosted Voice % 1 hours 4 hours 4

5 SIP Trunking 99.99% 1 hours 2 hours Broadvox On-net Broadband 99.99% 2 hours 6 hours DSL Broadband Services 99.9% 2 hours 38 hours T1/Bonded T1 Broadband Services 99.99% 2 hours 6 hours Ethernet over Copper Broadband Services 99.99% 2 hours 6 hours 4. FORCE MAJEURE EVENTS; EXCLUSIONS. Broadvox shall not be responsible for any delay or failure in meeting its SLA Metrics set forth herein, nor shall Customer be eligible for any Service Credits (defined below) to the extent such delay or failure is caused by any: act of god or nature; fire; flood; earthquake; explosion; war; act of terrorism; civil or military authority; government requirement; embargo; strike or other substantial labor dispute; power failure; or other similar event beyond its reasonable control. Without limiting the foregoing, Broadvox shall not be liable for any Service Credits for any delay of failure to meet the SLA Metrics set forth herein that is attributable to any of the exclusions ( Exclusions ) set forth below: (a) Exclusions applicable to Hosted Solutions: Customer s delay or failure to provide sufficient IP information Breach of Customer Responsibilities pursuant to Section 5(b) of the MTCs Lack of Customer site readiness for installation, maintenance or repair, as may be reasonably determined at Broadvox sole discretion Customer s breach of requirements specified in the Service installation letter from Broadvox Delay or failure in returning the harvest sheet to Broadvox Submission of an incomplete or incorrectly completed LOA (letter of agency) Third party delay in porting Customer-assigned numbers Telephone number ( TN ) requested by Customer is unavailable in the applicable rate center 5

6 TN is not portable or is in a rate center not supported by Broadvox LEC (local exchange carrier) delays (b) Exclusions applicable to SIP Trunking Services: Customer s submission of an incomplete or incorrectly completed LOA (letter of agency) TN requested by Customer is unavailable in the applicable rate center TN is not portable or is in a rate center not supported by Broadvox Delays due to any cabling issues in accordance with Section 5(c) of the MTCs Third party provider delays in accessing a building (c) Exclusions applicable to Broadband Services: Delays due to unavailability of specific Services and/or speeds ordered by Customer Delays due to any cabling issues in accordance with Section 5(c) of the MTCs Metro E (metropolitan area Ethernet network via fiber optic) delays 5. SERVICE CREDITS (a) Subject to Section 3(c) hereof and those exclusions set forth in Section 4(b) below, in the event an issue causes Broadvox to be unable to meet its defined Service Metrics, Customer may request a service credit from Broadvox ( Service Credit ),. In order to request a Service Credit, Customer must and provide the following information: Company name, account number, location affected, service affected, trouble ticket number (if applicable) and a detailed description of the credit request. Upon validation of the request, a Service Credit will be applied to Customer s account. The amount of the Service Credit is defined in the table below. (b) The following shall be excluded from Broadvox s determination and/or calculation of Service Credits: i. Trouble issue due to failure of Customer-Provided Equipment ii. Trouble issue due to configuration changes made by Customer to Broadvox or Customer-Provided Equipment iii. Trouble issues during Broadvox s scheduled maintenance windows iv. Trouble issues for which Broadvox could not access required facilities 6

7 v. Trouble issues that are beyond Broadvox's reasonable control vi. No Trouble Found trouble tickets vii. Trouble tickets that remain open due to delays caused by slow responses from Customer for requests for feedback If a single trouble issue arises out of two or more SLA categories, such as Availability and Mean Time to Repair, Broadvox will only provide a Service Credit for one of the SLA categories. In this situation, the category providing the greatest Service Credit payment will be used. (c) The following information defines the Service Credit Broadvox will provide to Customer in the situation that Broadvox is unable to meet its Service Metrics. The actual Service Metrics for each product are defined above in the Metrics Summary table. Service Level Agreement Category Installation Service Credit If installation timeline is within fourteen (14) days over the SLA metric, 25% of one month charges of the affected Services. If installation timeline is fourteen (14) days or more over the SLA metric, 50% of one month charges of the affected Services. Availability If calculated availability is 50% or greater for the monthly service period, 1% of the monthly charges of the affected Services for each percentage under the SLA for the given month. If the calculated availability is less than 50% for the monthly service period, 100% of the monthly charge of the affected Services. Mean Time to Respond Mean Time to Repair 10% of one month charges of the affected Services. 10% of one month charges of the affected Services. 7

8 6. SEVERE OR CHRONIC OUTAGES In the event Customer experiences an outage lasting greater than one (1) full service period, the outage shall be deemed Severe. In the event Customer has reported and received Services Credits for the outages resulting from the same issue over three (3) consecutive service periods, the outage shall be deemed Chronic. If Customer has a Severe or Chronic outage, it may elect to terminate the affected Services without incurring early termination fees that may arise pursuant to its Service Agreement CUSTOMER UNDERSTANDS THAT THE SERVICES, NETWORKS AND EQUIPMENT REFERRED TO HEREIN WILL BE FURNISHED AS IS AND WITH ALL FAULTS. OTHER THAN ANY LIMITED WARRANTY THAT MAY BE GIVEN TO CUSTOMER UNDER THE AGREEMENT, BROADVOX MAKES AND CUSTOMER RECEIVES NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY, IN THIS SLA OR IN ANY COMMUNICATION WITH CUSTOMER REGARDING SUCH SERVICES, NETWORK OR EQUIPMENT. BROADVOX SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. BROADVOX EXPRESSLY DISCLAIMS RESPONSIBILITY FOR THE CONTENT OF INFORMATION TRANSMITTED BY CUSTOMER OR THE RESULTS OF ANY TRANSMISSION. BROADVOX DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES, NETWORKS OR EQUIPMENT COVERED BY THIS SLA WILL BE UNINTERRUPED OR ERROR FREE. CUSTOMER FURTHER UNDERSTANDS, ACKNOWLEDGES AND AGREES THAT IN THE EVENT BROADVOX IS UNABLE TO MEET ITS DEFINED SERVICE METRICS AS SET FORTH HEREIN, THE SERVICE CREDITS SHALL BE ITS SOLE AND EXCLUSIVE REMEDY AND THAT CUSTOMER EXPRESSLY WAIVES ANY AND ALL REMEDIES AVAILABLE TO IT EITHER AT LAW OR IN EQUITY. 8

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