Apeiron Voice Recurring Charged Services will be measured on the basis of cumulative service availability. Target values and performance metrics amongst these categories will be defined herein as well as measurement methodologies, exclusions, and description of Customer recourse.
The application of these measurements and metrics with regards to service measurements will be defined and applied on a Service Category basis.
Service Categories include in this SLA include:
Apeiron Voice MRC Services refer to voice services for which monthly recurring charges are applied. These include but are not limited to SIP Trunk channel charges (where applicable, for example flat rate and burstable inbound trunking USOCs), Direct Inward Dial numbers, Toll Free numbers, and associated features including but not limited to voicemail, conferencing, fax and CNAM delivery line items that are delivered from Apeiron to Customer and have recurring charges applied on a monthly invoice.
Apeiron voice services shall be available 99.99% of the time with traffic being delivered to/from the PSTN, Apeiron and customer locations measured over a calendar month.
The availability of the service shall be calculated at the end of each month in accordance with the following formula:
MA = ((MM–EM-OM) / (MM-EM)) * 100
Service Unavailability is measured from the time services become unavailable from PSTN origination points to either the end user the Apeiron feature servers to the time service is again available to receive phone calls. Service unavailability is measured by the Apeiron NMS in response to trouble tickets opened by Customer.
If Apeiron fails to meet the above Voice Recurring Service availability SLA, the credit for each cumulative hour of Service Unavailability, exceeding the initial seven and two tenths (7.2) minutes of unavailability per month, shall be one (1) day’s credit pro-rated from Customer’s Recurring Monthly Service Fees for the impaired Internet Access Service, not to exceed a total of seven (7) day’s prorated recurring monthly service charges.
For example, the Customer would be eligible for credits as follows:
Scheduled Network Maintenance refers to upgrades or modifications to network equipment software, network equipment hardware, or Network capacity. Scheduled Network Maintenance may temporarily degrade the quality of Apeiron’s Internet Service, including the possibility of short-duration outages. Such effects related to Scheduled Network Maintenance shall not give rise to service credits under this SLA. Scheduled Network Maintenance shall be undertaken only on Tuesday and Thursday mornings between the hours of 2:00AM and 5:00AM Central Time in the United States independent of the local time zone of each respective Apeiron Point-of-Presence (POP). Apeiron shall attempt to provide Customer at least seven (7) calendar days prior notice of Scheduled Network Maintenance activity which has a high likelihood of impairing Customer’s services. If Apeiron’s Scheduled Network Maintenance is canceled or delayed, Apeiron shall promptly notify Customer and shall comply with the provisions of this Section to reschedule any delayed maintenance activity. Apeiron reserves the right to change Scheduled Network Maintenance dates & times upon 30 days notification to Customer.
Emergency Network Maintenance refers to efforts to correct network conditions that are likely to cause a material Service outage and that require immediate action. Emergency Network Maintenance may temporarily degrade the quality of Apeiron’s Services, including the possibility of short-duration outages. Such effects related to Emergency Network Maintenance shall entitle Customer to service credits as set forth in this SLA if and only if service degradation or loss-of-service occurs outside of Scheduled Network Maintenance time windows identified in Scheduled Maintenance. Apeiron may undertake Emergency Network Maintenance at any time deemed necessary and shall provide notice of Emergency Network Maintenance to Customer as soon as is commercially practicable under the circumstances.
Neither Apeiron nor Customer shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies; any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including strikes, slowdowns, picketing or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.