1. En Pointe Collaboration Solution Voice Availability Goal

• Components Included: ECS refers to Hosted Collaboration Solutions (HCS) hosted by EnPointe Collaboration Solutions and includes hosted components Cisco Unified Communications Manager, Cisco Unity Connection, Cisco Unified Presence and ECS supplied SRST Voice Gateways.
• Voice Availability Goal: EnPointe Collaboration Solution Voice Availability Goal is shown in the table below:

• Voice Availability Measurements and Remedies: Voice availability is based on downtime that exists when Customer is unable to make or receive voice calls using EnPointe Collaboration Solution. Such failure is recorded in ECS trouble ticketing system. The downtime is measure from the time a trouble ticket is opened in ECS trouble ticketing system to the time the affected Customer service is restored to the level where Customer is able to make and receive voice calls using EnPointe Collaboration Solution. In order to qualify for credits, the outage must be deemed a Major Service Outage, which is defined as a service outage condition causing major service disruption to the EnPointe Collaboration Solution Customer for which a trouble ticket is open. The Voice Availability SLA does not apply to Voice Quality. Subject to the foregoing limitations, each time Voice Availability is less than ECS 99.99% availability goal, Customer qualifies for a credit as show in the table below, prorated from the seat MRC of the user(s) affected by the missed objective, up to the maximums indicated in this section.
  Customer must make a written request to ECS for the credit within five business days of the last day of the month in which Voice Availability Downtime occurred. The maximum credits given for a specific outage will not exceed 25% credit.

• Customer must open a trouble ticket with ECS while it is experiencing a service problem. The calculation of unavailable time is based on trouble ticket times. Should Customer have multiple locations detrimentally affected by an outage, one ticket can be submitted; however, the individual locations affected should be identified in the original ticket.

2. Customer Premises equipment provided by ECS:
In case of failure of Customer premises equipment provide by ECS for use by Customer solely with ECS hosted collaboration solution, Customer’s only remedy will be repair or replacement of such ECS provided equipment.

• ECS Supplied SRST Voice Gateway: In the event of hardware failure, ECS will supply a replacement system from existing inventory subject to reasonable availability. Inventory will be maintained by vendor (Cisco Systems) in accordance with terms and conditions of Cisco’s SMARTnet agreement with ECS. If the failure occurs and reported during business hours (business hours are 8:00 AM to 5:00 PM Pacific Time Monday through Friday) ECS will replace the failed system within 4 hours for domestic locations subject to reasonable availability. If the failure occurs and reported after business hours, ECS will replace the failed system within 4 hours for domestic US locations subject to reasonable availability.
• ECS Supplied Local Area Network Switch: In the event of hardware failure, ECS will supply a replacement system from existing inventory subject to reasonable availability. Inventory will be maintained by vendor (Cisco Systems) in accordance with terms and conditions of Cisco’s SMARTnet agreement with ECS. If the failure occurs and reported during business hours (business hours are 8:00 AM to 5:00 PM Pacific Time Monday through Friday) ECS will replace the failed system within 4 hours for domestic locations subject to reasonable availability. If the failure occurs and reported after business hours, ECS will replace the failed system within 4 hours for domestic US locations subject to reasonable availability.
• ECS Supplied Phones: In the event of hardware failure, ECS will supply a replacement phone from existing inventory subject to reasonable availability. Inventory will be maintained by vendor (Cisco Systems) in accordance with terms and conditions of Cisco’s SMARTnet agreement with ECS. If the failure occurs and reported during business hours (business hours are 8:00 AM to 5:00 PM Pacific Time Monday through Friday) ECS will ship a replacement phone by next business day for domestic locations subject to reasonable availability. If the failure occurs and reported after business hours, ECS will ship the replacement phone within 2 business days for domestic US locations subject to reasonable availability.
• ECS may require Customer’s local site contact’s assistance with physical replacement of equipment and carry out instructions for replacement equipment configuration. All instructions will be provided in English.

3. Customer Provided Customer Premises Equipment:
In the event that Customer provides Customer owned Customer premises equipment for use by Customer solely with ECS hosted collaboration solution, ECS will attempt to diagnose and resolve issues as outlined in the SLA above. However, should the Customer supplied equipment needs replacement, ECS will notify Customer its inability to repair and the need for the Customer to coordinate replacement per their pre-existing CPE maintenance agreement (if any). In this scenario, SLA’s for replacement and subsequent restoral of service will not apply. If Customer supplied Customer premises equipment requires pre-staging and on-site installation to restore service, this will be billed on a time and materials basis.

4. Language Support:
ECS answers user calls and support calls in English only. Multiple language support is not offered at this time.

• Regular Maintenance: Regular Maintenance refers to hardware, software, system configuration improvements and upgrades to increase performance and capacity. Regular Maintenance may temporarily degrade the quality of the Service, including possible outages. Such effects related to Regular Maintenance will not give rise to service credits under this SLA. Regular maintenance will be undertaken only as follows: Sunday to Saturday mornings between the hours of 12 midnight and 6:00 AM Pacific Time.
• Urgent Maintenance: Urgent Maintenance refers to the efforts to correct network conditions that are likely to cause a material Service Outage and that require immediate action. Urgent Maintenance may degrade the quality of the Service, including possible outages. Such effects related to Urgent Maintenance will entitle Customer to service credits as set forth in this SLA. ECS may undertake Urgent Maintenance at any time deemed necessary and will provide notice of Urgent Maintenance to Customer as soon as is commercially practicable under the circumstances.

6. Service Credit Exceptions; Maximum Credit:
Service credits will not be available in cases where the goal is not met as a result of: (a) the negligence, acts, or omissions of Customer, its employees, contractors, agents, or its end users, including, without limitation, Customer failure to comply with terms of Service Exhibit; further, time elapsed due to non-responsiveness from Customer will be deducted from trouble ticket timelines when used in the calculations of SLAs; (b) the failure of malfunction of equipment, applications, or systems not owned or controlled by ECS; (c) circumstances or causes beyond the control of ECS, including instances of Force majeure; (d) schedule service maintenance, alteration or implementation; (e) the unavailability of required Customer personnel, including as a result of failure to provide ECS with accurate, current contact information; or (f) Customer’s failure to provide ECS with remote and/or on-site access to covered devices. In the event that Customer is entitled to multiple credits under this SLA arising from the same event, such credits will not be cumulative and Customer shall be entitled to receive only the highest maximum single credit availability for such event (e.g. Customer will not be entitled to “double credits”). Credits may not exceed 100% of the monthly fee for the affect service. A credit will be applied only to the month in which the event giving rise to the credit occurred. Customer’s remedies for any and all claims relating to the Service will be limited to those set forth in this SLA.

This is US only SLA.