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RELIANCE SERVICE LEVEL AGREEMENT 

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Challenge

Service Availability Commitment.

It is Reliance Communications’s goal to have its Services available to Customers twenty-four hours a day seven days a week, with the exception of Planned Downtime. Reliance Communications will use commercially reasonable efforts to provide Customers with average annual Services availability (excluding Planned Downtime) that is equal to or greater than 99.99%. Reliance Communications’s records and data shall be the basis for all service availability calculations and determinations.


2) End to End Service Availability Commitment.

In addition to the Service Availability Commitment, Reliance Communications will use commercially reasonable efforts to provide Customers with an average annual End to End Services availability (excluding Planned Downtime) that is equal to or greater than 99.99%. Reliance Communications’s records and data shall be the basis for all service availability calculations and determinations. End to End Services availability extends the Service Availability Commitment to include Unplanned Service Interruptions caused by any failure by a Customer to access Services via an Reliance Communications provided IP phone (or, for Reliance Communications’s Virtual Contact Center based Services only, the Reliance Communications provided softphone) caused by issues associated with Customer‘s internet service providers or third party telecommunications provider. The End to End Services Availability Commitment requires that (i) Reliance Communications has conducted a network review of the Customer’s LAN and WAN and all recommendations have been implemented; (ii) the WAN includes either an Reliance Communications approved MPLS connection combined with a separate DIA connection from two independent vendors or two DIA connections from different independent vendors and (iii) after any Level 0 event the customer agrees to fully cooperate with Reliance Communications engineers in order to diagnose and fix any underlying problems.


3) Call Quality Commitment.

Based upon the prerequisites of the End to End Services Availability Commitment, Reliance Communications agrees to use commercially reasonable efforts to provide Customers call quality at or above a 3.0 MOS equivalent score, based upon Reliance Communications’s MOS score calculation, for greater than or equal to 98% of calls within a calendar month. Any failure to meet this goal shall be counted as a Level 3 issue.


4) Planned Downtime.

a) Planned Downtime. Planned downtime occurs when Customer has no access to the Services due to scheduled maintenance by Reliance Communications or Reliance Communications’s data center host (“Planned Downtime“). 

b) Scheduling of Planned Downtime. Reliance Communications will make commercially reasonable efforts to schedule Planned Downtime at a time and manner reasonably anticipated to minimize disruptions to all of its affected Customers. It is anticipated that Planned Downtime will include scheduled maintenance and application upgrades. 

c) Notice for Planned Downtime. Reliance Communications will use commercially reasonable effrts to provide twenty-four (24) hours prior notice for scheduled Planned Downtime not to exceed one (1) hour. For all Planned Downtime scheduled to last one (1) hour or more, Reliance Communications will use commercially reasonable efforts to provide at least seventy-two (72) hours prior notice. 


5) Severity Levels.

Unplanned service interruption occurs when the Customer‘s access to Services is affected by problems of severity level 0 through 4 (“Unplanned Service Interruption”). Severity levels for Unplanned Service Interruptions are described in the schedule on the following page


Severity Unplanned Disruption Description
0 Unplanned Downtime due to Complete System Failure. Level 0 issues result in complete system failure, due to the servers or network on which the Services are accessed not being available for a continuous period lasting greater than ten (10) minutes in length, but excluding the following: (i) any failure by a Customer to access Services caused by any failure, interruption, outage or other factor outside of Reliance Communications’s direct control, including without limitation, issues associated with Customer‘s (a) computers, (b) local area networks, (c) except with respect to the End to End Services Availability Commitment, internet service providers, and any internet connectivity not under Reliance Communications‘s direct control, (d) any Force Majeure event or (e) any event resulting from any actions or inactions of Customer, Customer’s agents or any third parties, (ii) unavailability that is caused by any equipment that is not within the direct control of Reliance Communications, or, except with respect to the End to End Services Availability Commitment, third party telecommunications providers; (iii) unauthorized use of, or modifications to hardware or software, and (iv) Planned Downtime.
1 Inoperable Business Function. Level 1 issues have a negative impact upon a large business function of the Services. This category is characterized by (i) major functionality loss and/or (ii) more than one important feature not working.
2 Business Function Limitation. Level 2 issues result in narrow functional limitations and situations that do not currently impair the Customer’s business activities while using Services. This category is characterized by (i) impaired functions that are used daily, (ii) an issue that adversely affects business performance and/or (iii) a temporary workaround being available.
3 Limited Occurrence Customer Issue. Level 3 issues result in a negative impact on specific functions within the Service that do not negatively impact daily operations. These issues are characterized by infrequent occurrence and/or intermittent function.
4 Minor System Issue. Level 4 errors are issues that do not affect business operations or have only minor impact.

6) Service Availability Commitment Remedy.

a)   Reliance Communications will use commercially reasonable efforts to respond to Unplanned Service Interruptions, 24x7x365 that are reported through one of Reliance Communications’s Customer Support channels listed at www.reliancecommunications.com.au using the guidelines below:


Severity Definition Response Objective Restore Objective
0 Unplanned Downtime due to Unplanned Downtime due to Unplanned Downtime due to
1 Complete System Failure. < 1 hour Reliance Communications will work 24 hours a day 7 days Complete System Failure. < 1 hour Reliance Communications will work 24 hours a day 7 days Complete System Failure. < 1 hour Reliance Communications will work 24 hours a day 7 days
2 a week to restore service a week to restore service a week to restore service
3 1 Inoperable Business Function.< 1 hour Reliance Communications will work 24 hours a day 7 days 1 Inoperable Business Function.< 1 hour Reliance Communications will work 24 hours a day 7 days 1 Inoperable Business Function.< 1 hour Reliance Communications will work 24 hours a day 7 days
4 1 Inoperable Business Function.< 1 hour Reliance Communications will work 24 hours a day 7 days 1 Inoperable Business Function.< 1 hour Reliance Communications will work 24 hours a day 7 days 1 Inoperable Business Function.< 1 hour Reliance Communications will work 24 hours a day 7 days

Note: Depending on the defined Severity of the problem, Reliance Communications Customer Care works to respond to every case within the listed target timeframes (unless otherwise agreed to with our Customer). Responses are defined as attempted contact by means of telephone, email, or chat.


b)   Unplanned Service Interruption. In the event Customer experiences a Level 1 or 0 Unplanned Service Interruption in any calendar month, subject to the conditions set forth in this Section 6, Customer shall be eligible to receive from Reliance Communications a service credit (“Service Credit“) in accordance with the following schedule:


Severity Severity Incidents of Actual Service Service Credit Equals Percent Interruption of Total Aggregate of Service Fees During Month Time of Service Interruption of Unplanned Service
0 3 incidents of 6 hours 10%
0 5+ incidents or 6 hours 15%
1 3 incidents or 4 hours 5%
1 5+ incidents or 8 hours 7%

c)   Customer Must Request Service Credit. In order to receive any of the Service Credits described in this Section 6, Customer must notify Reliance Communications within thirty (30) days from the time Customer becomes eligible to receive a Service Credit. Failure to comply with this requirement will forfeit Customer‘s right to receive a Service Credit.


d)   Payment of Service Credit. The Service Credit will be issued on the Reliance Communications invoice for the period following Customer‘s request for the Service Credit, unless the Service Credit is due in Customer‘s final month of the Term. In such a case the refund for the dollar amount of the Service Credit will be mailed to Customer.


e)   Termination Option for Chronic Problems. In the event Customer experiences three (3) Level 0 Unplanned Service Interruptions in any single calendar month for two (2) consecutive calendar months, Customer may terminate this Agreement without breach or penalty by notifying Reliance Communications within five (5) days following the end of the second consecutive calendar month in which there were three (3) Level 0 Unplanned Service Interruptions.



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