a) Availability Objective. Evolve IP Core Network Services will be available 99.99% of the time. All SLA standards (including availability objectives) for any Services provided by third parties that are resold to Customer by Evolve IP will be passed through to Customer and cannot be guaranteed by Evolve IP. Cisco and Microsoft each provide Evolve IP Customers an Availability Objective target of 99.9% for their respective Services. Customers understand that as End Users of third-party Services owned by Cisco and Microsoft, they are subject to the End User service and privacy agreements of Cisco and Microsoft located here:
b) Quality Objective. Customers utilizing an Interconnected VoIP product in conjunction with Dedicated Access provided by Evolve IP, and/or Cloud Connect (“Managed Network”) will experience a Mean Opinion Score (“MOS”) of no less than an average of 3.5. Voice may be carried as data using various digital encoding algorithms (“codecs”). Note, G.722 is not supported by the legacy telephone network and is therefore only available between Evolve IP handsets. The G.729 codec gives premium quality (max possible MOS of 3.9) while using the least bandwidth, about 30k per call. G.711 and G.722 both offer a higher possible MOS (max 4.4) but each use about 3x the bandwidth, about 90k per call. Evolve IP supports a mix of codecs and processes millions of G.729 and G.711 calls every month, with an ever-increasing number of G.722 calls.
c) Applicable Credits. Subject to the conditions and restrictions below, in the event Evolve IP fails to meet its Availability Objective, Quality Objective, and/or Network Objectives during any given calendar month, and upon Customer’s written request, Customer will receive a pro-rated credit applied towards its monthly service fees equal to a) for the Availability Objective, one day’s credit for each cumulative whole hour of service unavailability over and above the Availability Objective, b) for the Quality Objective, one day’s credit for each one-half point (0.5) below the Quality Objective, and/or c) for the Network Objectives, for Latency one day’s credit for each 50ms above the stated goal; for Packet Loss, one day’s credit for each percentage point above the stated goal; for Jitter, one day’s credit for each 10ms above the stated goal. If during any calendar year Customer experiences three (3) or more instances where the Availability Objective, Quality Objective, and/or Network Objectives are not met, than in lieu of receiving the credits, Customer will be entitled to terminate the affected Service without incurring any Early Termination Charges. In no event will the total credit for any applicable Service exceed the Monthly Recurring Charge for that Service. Furthermore, any request for credits or notice of termination must be provided to Evolve IP within ten (10) days of the event giving rise to such credit request or termination right under this section. Customer agrees that this SLA is Customer’s exclusive remedy relating to the performance of the Services.
d) Exclusions. The Availability Objective and Quality Objective calculations will not include any unavailability resulting from (a) Evolve IP network maintenance, (b) any Dedicated Access between Customer’s location and Evolve IP, including but not limited to the local loop, (c) Denial of Service (“DOS”) attempts and any other malicious attempts orchestrated by third parties, (d) Customer owned and/or operated cabling, infrastructure, or customer premise equipment, (e) any Customer-provided circuits or equipment, (f) Customer’s applications, (g) Microsoft infrastructure, (h) acts or omissions of Customer, (i) Early Field Trial Services or (j) reasons of Force Majeure.