RELIANCE SERVICE LEVEL AGREEMENT 

AVAYA

This Service Level Agreement (“SLA”) for Reliance Services is a part of the Reliance Master Services

Agreement (the “Agreement”).

This SLA applies only to the following Reliance Services listed:

• Avaya IP Office

Availability

Reliance shall make the Service available 99.95% of the time, except as provided below (“Monthly Uptime Percentage”). The Monthly Uptime Percentage will be calculated per [month], as follows:

(Maximum Available Minutes - Downtime) / Maximum Available Minutes * 100

Where:

• Maximum available minutes means the total number of minutes in the month;

• Downtime means the period when the Service is not available excluding Scheduled

Downtime and Excluded Downtime;

• Scheduled Downtime means any planned downtime of which Reliance gives 5 days or more

notice in accordance with the Agreement or via an on-screen message in the Cloud Service.

Reliance will use commercially reasonable efforts to carry out all Scheduled Downtime

during the hours from 5:00 p.m. Friday to 8:30 a.m. Monday, Australian Eastern Time.

Excluded Downtime means:

Any period of unavailability lasting less than 15 minutes.

• Any unavailability caused by circumstances beyond Reliance's reasonable control, including, without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving Reliance employees), or third-party service provider failures or delays.

For any partial calendar month during which Client subscribes to the Cloud Service, availability will be

calculated based on the entire calendar month, not just the portion for which Client subscribed.

Service Credits

Where the applicable Cloud Service fails to meet the Monthly Uptime Percentage in accordance with this

SLA the Client may be entitled to the following service credits:

MONTHLY UPTIME PERCENTAGE SERVICE CREDIT

• < 99.95% 10%

• < 99% 25%

Service Credits apply only to fees paid for the applicable Cloud Service for which the Monthly Uptime

Percentage has not been met. Service Credits in any billing month for the applicable Cloud Service may

not exceed the monthly service fees for the applicable Cloud Service for that billing month

Where the applicable Cloud Service is part of a suite of Cloud Services, the service credit will be calculated using only that portion of the total fees applicable to the affected Cloud Service. Where Client purchased an applicable Cloud Service from a reseller, Client will receive a service credit directly from the reseller and Client should claim the service credit from the reseller and not from Reliance.

Service credits are Client’s sole and exclusive remedy for failure by Reliance to meet the Monthly Uptime

Percentage and for any breach of this SLA.

Making a Claim

In order for Reliance to consider a Client must submit the claim to Reliance customer support by the end

of the calendar month following the month in which the event giving rise to the claim arose. The claim

must be accompanied by supporting evidence, including but not limited to: (i) a detailed description of

the Incident; (ii) information regarding the time and duration of the Downtime; (iii) the number and

location(s) of affected users (if applicable); and (iv) descriptions of Client’s attempts to resolve the

Incident at the time of occurrence.

Reliance will evaluate the Client claim against its own records and all information reasonably available to

Reliance in relation to the claim and based on the information available Reliance shall determine whether

the Monthly Uptime Percentage has not been met and a claim is justified. Reliance will use commercially

reasonable efforts to process claims within forty-five (45) days of receipt of the claim from Client

provided client has submitted the claim in a timely manner as stipulated above. Service credits will be

applied to Client’s Applicable Monthly Service Fees for the month following the month in which the claim

was processed.

Client must be in compliance with the Agreement in order to be eligible for a service credit.

Limitations and Exclusions

This SLA does not apply to any performance or availability issues:

• Due to factors outside of Reliance’s reasonable control (for example, natural disaster, war, acts of terrorism, riots, government action, or a network or device failure external to Reliance data centres, including at Client site or between Client site and Reliance data centre);
• That result from the use of services, hardware, or software not provided by Reliance, including, but not limited to, issues resulting from inadequate bandwidth or related to third party software or services;
• Caused by Client’s use of a Cloud Service after Reliance advised Client to modify its use of
• the Cloud Service, if Client did not modify its use as advised;
• During or with respect to Beta Services;
• That result from a breach by Client of the Agreement, the AUP or any Order Form;
• That result from Client’s use of a Cloud Service in a manner inconsistent with the features and functionality of the Cloud Service (for example, attempts to perform operations that are not supported) or inconsistent with Reliance’s published guidance;
• That result from faulty input, instructions, or arguments (for example, requests to access files that do not exist);
• That result from Client’s attempts to perform operations that exceed prescribed quotas or that resulted from Reliance’s throttling of suspected abusive behaviour

Annexure B

Service Levels

The Service Level has the following components:

1. Service Attribute related to the level of service that We provide; and
2. Service Rebates that apply when specific service attributes do not perform in accordance with the corresponding Service Level Commitment.

Definitions in or incorporated in the Service Schedule that this Service Level Agreement forms part of,

apply to this Service Level Agreement. In this Service Level Agreement, the following definitions also

apply unless the context requires otherwise:

Attachment Access or Attachment Circuit and Access means a connection between a Customer and

Our Network.

Interrupted Fault means a fault that renders a Service completely
non-operational.

Metro means a location that is within the nearer of:

1. the local calling area; or
2. 50 kilometres of the GPO, of Melbourne, Sydney, Brisbane, Adelaide, Perth or Canberra.

Non-Interrupted Fault means a fault where the affected Service is degraded but still operational.

Planned Outage means a period of time as reasonably determined by Reliance Communications, that

Reliance Communications may interrupt supply of the Service to the Customer for routine maintenance,

upgrading or other similar activities, after giving the Customer reasonable prior notice.

Regional means a location that is neither Metro nor Rural.

Rural means a location that is greater than 250 kilometres from a town with a population of 10,000 or

more people, as defined by the Australian Bureau of Statistics.

Service Restoration means the elapsed time during Standard Service Hours:

1. between the Customer reporting the fault via the Wholesale Service Centre and the restoration of the Service; or
2. between Reliance Communications responding to an alarm on the Reliance Communications Network or an Attachment Access and the restoration of the Service.

Service Restoration Targets means the periods of time outlined in clause 1.2(b)(ii) of Annexure B.

Standard Service Hours means those hours during which the Reliance Communications

Wholesale Service Centre (or equivalent Reliance Communications department) is staffed and

infrastructure monitoring systems are operational and alarm surveillance occurs.

3. Service Attributes

The Service Attributes define the level of service that We are committed to delivering to You.