Apptix Voice Service Level Agreement (SLA) and Support

This SLA sets forth the services, the specifications, and the support levels applicable to Apptix Voice services. Apptix shall promptly credit Customer's account with credits in the amounts set forth below ("Service Credits") for any failure to meet the quality parameters or other specifications set forth herein on the billing cycle immediately following the month in which the failure occurred.

1) General Regulations in order to receive Service Credits:

This SLA shall be valid for the duration of the Term of any Services pursuant to an Order Form provided that:

• a. Customer must provision the Services within Apptix's specifications provided to Customer in writing or by email or in person
• b. Customer must not be in material breach of its obligations under the Agreement, Schedules, or the applicable Order Form for the Services related to this SLA
• c. Apptix records and data shall be the determinative basis for all SLA calculations, provided that Customer may audit such records, including the basis for any SLA calculations, upon reasonable notice to Apptix and may reasonably contest such calculations if Customer has a good faith belief that they are made in error and not in accordance with this SLA
• d. Customer shall receive Service Credits only upon written request to Apptix within thirty (30) calendar days of the last day of the month in which the SLA was not met and the Service Credit shall be applied to the month in which the event giving rise to the credit occurred. The maximum SLA credits issued in any one calendar month shall not exceed 100% of the Customer's monthly recurring charges for those Services
• e. Customer shall have the right to contest any calculations of credit(s) for a period of forty-five days after Customer's receipt of invoice on which said credit(s) appear and the parties shall work in good faith to resolve any disputes within ten (10) business days of Apptix receiving notice of a disputed calculation
• f. Service Credits shall be Apptix's sole liability and Customer's sole remedy in the event of any Service Outage or interruption of Service except where there is a Chronic Service Outage, as specified below.

2) Service Outage and Service Credits

• a. Apptix shall maintain service availability of 99.9% in a calendar month.
• b. A Service Outage is defined as any consecutive period of time when the Service becomes unavailable for taking or placing voice calls or applications such as voicemail are unavailable as a result of the unavailability of the Services.
• c. Customer shall be entitled to a Service Credit for a Service Outage that is greater than five (5) minutes in duration. The Service Credit owed to Customer for a Service Outage in excess of five (5) minutes shall be computed at .25% of the Monthly Recurring Charges for the applicable Service subject to the Service Outage for each five (5) minutes of the Service Outage. If the aggregate time of the Service Outages is greater than 44 minutes in total for a calendar month, the customer shall receive a service credit that shall be computed at 5% of the seat Monthly Recurring Charges for the affected subscribers. This credit is in addition to any remedy due for 5 minute Service Outages as defined above. In the event that an individual Service Outage exceeds two (2) hours or when the cumulative total duration is greater than four (4) hours in a calendar month (a "Chronic Service Outage"), Customer shall receive a Service Credit equal to ten percent (10%) total of the Service invoice for the month the Chronic Service Outage occurred (instead of the prorated service credit). In the event of a Chronic Service Outage that exceeds four (4) hours in a calendar month, Customer shall receive a Service Credit equal to twenty-five percent (25%) of the total invoice for the Service (instead of the prorated service credit.). In addition, in the event that a Chronic Service Outage occurs in two (2) consecutive calendar months or in any three (3) of six (6) consecutive calendar months, Customer shall have the ability to terminate the Service, any Service Schedules, or Agreement as a whole without liability to Apptix and as Customer's sole and exclusive remedy under the Agreement and applicable Service Schedule. (Any applicable underlying SLA credits for the affected Services will still apply.)
• d. A Service Outage begins when Apptix is notified or becomes aware of the Service Outage, whichever first occurs. Apptix agrees to correct any Service Outage after receiving notice from Customer that a Service Outage exists. A Service Outage ends when the affected service in Apptix's network has passed all required testing and is functioning as specified in the applicable Service Schedule. For notice purposes, Customer must notify Apptix's Support Desk. In no event shall the Service Credit for any Service during a calendar month exceed the Monthly Recurring Charges for such Service specified in the Order Form.
• Service Outages shall not include unavailability or degradation of Services that are attributable to: i. An act or omission of the Customer or any user of the Service authorized by the Customer; ii. Any equipment, applications, features or facilities provided by Customer; iii. Customer's Internet connectivity; iv. A Force Majeure event or; v. Scheduled Maintenance. Scheduled Maintenance means any maintenance that is performed during a standard maintenance window. Apptix's maintenance windows shall be limited to Monday -Thursday from 1:00 AM – 5:00 AM MST, when needed. Apptix will use commercially reasonable efforts to limit scheduled maintenance (i.e., standard maintenance required to maintain the Services in working order) to no more than four (4) hours per week which shall be limited to Saturdays between the hours of 1:00 AM and 5:00 AM MT. Apptix shall exercise reasonable efforts to attempt to conduct emergency maintenance necessary on the Services during Scheduled Maintenance windows, but Customer acknowledges that emergency maintenance, due to its emergency nature, may have to be conducted at other times. Apptix will make commercially reasonable effort to provide notice of Scheduled Maintenance to Customer at least forty-eight (48) hours prior to the Scheduled Maintenance. If a longer Scheduled Maintenance window is required Apptix will provide Customer with five (5) business days notice.

3) Apptix Voice Escalations

• Ticket priority is based on the severity of the event as described below. The Apptix's Support Desk will proactively escalate events.
• CRITICAL EVENT: Events causing call origination/termination faults or event which create service interruption.
• MAJOR EVENT: Events adversely impacting normal system operation which may lead to critical events if not treated with timely corrective action.
• MINOR EVENT: Events which do not adversely impact system operation.
• INFORMATIONAL: Non-service impacting tickets related to system functionality, operations or maintenance.
• Customer Hold: Customer Hold queue is reserved for usage when a Customer has been contacted because additional information is reasonably needed or a retest of reported trouble is reasonably requested. Trouble tickets (TT) that remain in the queue will be closed within three (3) business days unless the Customer provides updates or provides a committed date to provide additional information.

4) Apptix's Support Desk will follow the following criteria for closure:

• i) If no response after twenty (24) hours, Apptix will remind Customer via e-mail or phone.
• ii) If no response after forty-eight (48) hours, Apptix will send notice TT will be closed in 24 hours if no response.
• iii) Twenty-four (24) hours later, Customer is notified that TT is closed. Update states "Ticket closed: no response from Customer."

5) Customer Termination Rights for Repeated SLA Failures

• In the event the SLA falls below 98.0% for Customer in three successive months Customer will have the right to terminate Services provided by Apptix without any penalties, upon written notice to Apptix within thirty (30) days following the end of the third successive month in which the SLA has fallen below 98.0%. Termination will be effective upon receipt of the notice by Apptix.

6) Customer Termination Rights for Call Quality Issues

• If Customer experiences degraded call quality, but has not abided by Apptix's recommendations for network configuration, CPE equipment (including network appliances and SIP phones) and internet connectivity bandwidth, Apptix will not be responsible for call quality issues.
• After the first 30 days of Services, if Customer has followed Apptix's recommendations for network configuration, internet connectivity bandwidth and CPE, but is still experiencing degraded call quality resulting in a minimum MOS score of 3.0 or below for 5 consecutive business days, Customer will have the right to terminate Services provided by Apptix without any penalties upon 30 days written notice to Apptix.

How to Contact Us

If you have any questions about our Acceptable Use Policy or your dealings with our Website, you may contact us:

Phone: 866-296-7835
Email: clientsupport@apptix.com;

13461 Sunrise Valley Drive, Suite 300
Herndon, VA 20171

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