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Service Level Agreement

Last updated January 13, 2023

Service Level Agreement
Clearspan Cloud Services
Introduction. Clearspan’s SLA for Clearspan Cloud Services is managed through the classification of issues categorized into four distinct impact levels combined with each level’s targets. These levels, from the highest level of impact to lowest level of impact, are referred to as “Severity 1” through “Severity 4”. Clearspan will monitor the Clearspan Cloud Services twenty-four (24) hours per day on a daily basis, including holidays and weekends. Such monitoring includes, without limitation, monitoring of CPE devices that are provided by Clearspan only. Any and all equipment and software provided by Customer are not covered under this SLA. Clearspan’s monitoring is based on SNMP traps and application level watchdog functionality.

Primary and Secondary Enterprise Customer Contact. In accordance with Clearspan’s Service Level Commitment obligations, Customer shall designate a primary and secondary contact that is authorized to act on the Customer’s behalf to make and receive communications. Customer shall designate such primary and secondary contact to Clearspan upon execution of this Agreement.

Exceptions to SLA Calculations/Targets The following shall not be included in the calculation of Service Level Credits:
• Scheduled Maintenance: Scheduled Maintenance includes preventative maintenance and may also include, subject to the terms and conditions of this Agreement, Hardware and Cloud Services changes to increase capacity and add functionality. Scheduled Maintenance shall occur during off-peak hours only and shall not last for a duration of more than 4 hours and shall not occur more frequently than once per week unless specific or urgent Maintenance projects require a different schedule.
• Third-Party Intrusions: Third-Party Intrusions, including but not limited to DoS attacks and DDoS attacks that occur despite Clearspan’s fulfillment of its obligations under this Agreement, including having commercially reasonable and customary network security in place as applicable to the Services.
• Not maintaining current software: Issues arising out of Enterprise Customer not maintaining current software service packs and manufacturer-supplied security updates.
• Misuse or abuse: Misuse or abuse of the Clearspan Platform by an applicable Enterprise Customer, including but not limited to unauthorized use or malicious use. This includes but is not limited to failure to maintain proper environmental conditions for the Hardware.
• Installation or modification by other than Clearspan: Installation or repair by other than Clearspan, or unauthorized modification, alteration or changes other than by Clearspan.
• Network Infrastructure (PSTN and Internet) Issues: Public or private network infrastructure (PSTN or Internet) issues that arise that are outside of Clearspan’s control including but not limited to an outage at the site where the Colocation Space is located or any transport.
• Force Majeure: Force Majeure events beyond the commercially reasonable control of Clearspan, including but not limited to fire, flood, wind, lightning, or other acts of God.
• Outages resulting from the request or direction of Customer: Outages resulting from actions by Clearspan at the request or direction of Customer (e.g. changing IP address at Enterprise Customer SBC) that are not caused by the negligence or willful misconduct of Clearspan or any outages not caused by Clearspan including but not limited to those caused by a default in Customer’s PSTN . There will be no monitoring or support of Customer-provided SBC’s.

Issue Reporting Clearspan is alerted of issues from various processes and sources. Issues can be discovered by the Clearspan Customer Technical Support (ACTS) through automated notification processes, event thresholds, and from the Clearspan monitoring system. Issues can also be reported to ACTS by the Enterprise Customer Tier 1 on-site personnel via the ACTS Clearspan Portal or via telephone. All Clearspan Issues are tracked by ACTS until closed.

Technical Support Levels The personnel that respond to the issues have the following functional responsibilities:
Tier 1 Support: On-site personnel – Enterprise Customer IT Staff
Tier 2 Support: The Clearspan Customer Technical Support (ACTS) operating 24×7, 365 days a year
Tier 3 Support: Escalated Technical Support (ETS) engineers
Tier 4 Support: R&D Engineering support from Clearspan and Third Parties

Service Impact Levels The following describes the four service impact levels. Severity 1 and Severity 2 levels apply to production systems only. The description of each level includes the following information:
• The severity impact description
• Clearspan’s response time associated with the severity level
• The ‘Enterprise Customer Notification’ time associated with the severity level
• The escalation sequence and time associated with the severity level
• Examples of issues for the associated severity level

The examples contained in this document do not represent a comprehensive list of potential issues. Although there can be a direct correspondence with a specific alarm and/or SNMP trap to a severity impact level, there is the possibility that an alarm/SNMP trap may be reclassified to a different severity level based on coinciding circumstances.

Service Impact Level – Severity 1 Problems on production systems that severely affect call processing service or voice traffic at an Enterprise level user population and require immediate corrective action. This also includes events where emergency calls are not reliably working and there is no functional workaround
1.1 Technical Response: Clearspan will be engaged with the issue in less than 15 minutes of receipt of notification via telephone from Customer.
1.2 Enterprise Customer Notification:
Clearspan will notify the designated primary Enterprise Customer contact of the issue within 30 minutes of receipt of notification. In the event that the primary Enterprise Customer contact cannot be reached, Clearspan will escalate the notification to the designated secondary Enterprise Customer contact.
1.3 Escalation:
(i) Tier 1 to Tier 2: immediate; (ii) Tier 2 to Tier 3: less than 1 hour; (iii) Tier 3 to Tier 4: less than 4 hours
1.4 Restoration Target:
Clearspan will provide restoration of service in less than 4 hours from the time the ACTS becomes aware an issue is a Severity 1 issue.
1.5 Examples of issues for Severity Level 1:

• Call processing is down for the Enterprise level user population or at a Services demarcation point and there is no functional workaround.
• Both SIP Session Managers (SSM) are inoperable and no functional workaround
• All Media Servers and/or applications are down
• Both Application Servers and/or applications are down
• Both Network Servers and/or applications are down
• A complete loss of access to the PSTN for the Enterprise level user population or at a Services demarcation point
• No outbound PSTN call capability for the Enterprise level user population or at a Services demarcation point
• No inbound PSTN call capability for Enterprise level user population or at a Services demarcation point
• No station to station call capability for Enterprise level user population or at a Services demarcation point

Service Impact Level – Severity 2 Problems that significantly affect the call processing operation of a production system at an Enterprise user population level and require prompt attention.
1.1 Technical Response:
Clearspan will be engaged with the issue in less than 1 hour of receipt of notification via telephone.
1.2 Enterprise Customer Notification:
Clearspan will notify the designated primary Enterprise Customer contact of the issue within 2 hours of receipt of notification. In the event that the primary Enterprise Customer contact cannot be reached, Clearspan will escalate the notification to the designated secondary Enterprise Customer contact.
1.3 Escalation:
(i) Tier 1 to Tier 2: less than 2 hours; (ii) Tier 2 to Tier 3: less than 4 hours; (iii) Tier 3 to Tier 4: less than 8 hours
1.4 Restoration Target
: Clearspan will provide restoration of service in less than 2 business days from the time ACTS becomes aware an issue is a Severity 2 issue.
1.5 Examples of issues for Severity Level 2:

• Call processing is down for an Enterprise/Group level multi-user population and there is no functional workaround
• The SIP Session Manager (SSM) is operating in a simplex mode and is impacting the service for an Enterprise/Group level population
• The Media Server is operating in a simplex mode and is impacting the service for an Enterprise/Group level population
• The Application Server is operating in a simplex mode and is impacting the service for an Enterprise/Group level population
• The Network Server is operating in a simplex mode and is impacting the service for an Enterprise/Group level population
• All WEB servers are inoperable
• A remote office is operating in a ‘Stand Alone Survivability’ (SAS) mode

Service Impact Level – Severity 3 Problems that do not significantly impair the functioning of the production system and do not significantly affect service to end users. System performance is degraded, but there is a functional workaround. Maintenance and or backup processes are significantly impacted. Any redundant component that successfully fails over.
1.1 Technical Response:
Clearspan will start working the issue within 1 business day of receipt of notification.
1.2 Enterprise Customer Notification:
Clearspan will notify the designated primary Enterprise Customer contact of the issue within 2 business days of receipt of notification. In the event that the primary Enterprise Customer contact cannot be reached, Clearspan will escalate the notification to the designated secondary Enterprise Customer contact.
1.3 Escalation:
(i) Tier 1 to Tier 2: less than 1 business day: (ii) Tier 2 to Tier 3: as needed; (iii) Tier 3 to Tier 4: as needed.
1.4 Restoration Target:
Situation dependent – Clearspan will make commercially reasonable efforts to resolve the problem promptly, but makes no commitments on resolution time.
1.5 Examples of issues for Severity Level 3

• One of the RAID 1 disk drives on a single IBM blade server is down or not operational
• PSTN gateway failure of a common pool of gateways is down or not operational • Partial outage of a trunk group
• Multiple SIP endpoints unable to complete registration
• Unable to restore service to multiple SIP endpoints
• Multiple occurrences of voice quality issues
• One or more, but not all, WEB Servers are inoperable
• Provisioning capability is unstable or not operable

Service Impact Level – Severity 4 Issues or requests that do not affect the service or performance of the production system
1.1 Response:
Clearspan will start working the issue or the request as needed
1.2 Enterprise Customer Notification:
Clearspan will notify customer of the issue as needed
1.3 Escalation:
(i) Tier 1 to Tier 2: as needed; (ii) Tier 2 to Tier 3: as needed; (iii) Tier 3 to Tier 4: as needed
1.4 Restoration/Resolution Target
– Situation dependent – Clearspan will make commercially reasonable efforts to resolve the issue or provide a response in a timely manner.
1.5 Examples of issues for Severity Level 4

• Informational alarms (e.g. frame slips)
• Unable to restore service to one or more SIP endpoints
• Enterprise Customer needs information concerning Clearspan product capabilities
• Enterprise Customer requires installation advice
• Enterprise Customer needs basic product configuration data
• Usability issue or question
• Documentation inquiry
• Issues for which no workaround is required

Service Level Credits Service Level Credits are based on the length and severity of service disruption before restoration that exceeds the SLA commitments. The Service Level Credits are applied at a Customer level.    
Issue level Length of disruption before restoration Credit Percentage Enterprise Customer Credit
Critical Impact -Severity 1 >4 hours 10% The credit is a percentage of Customer’s monthly recurring Service Fee for the affected Users on the applicable Cloud Service.
Major Impact- Severity 2 >48 hours 10% The credit is a percentage of the monthly recurring Service Fee for the affected Users on the applicable Cloud Service.

  Using Credits Customer Credits will be issued by Clearspan via credit memo that can be applied to any unpaid Customer invoice as requested by Customer in writing to Clearspan.

Tracking/Accounting for Service Credits Tracking/Accounting for Service Level Credits for a Customer will be based on the Customer notifying Clearspan within seven (7) days of the issue resolution so that the Parties can determine if Customer qualifies for a Service Level Credit. Any Service Level Credits earned will be issued to Customer via a credit memo that can be applied to any unpaid invoice for the same Customer only.

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