means Kumo Cloud Solutions, Inc
means a person or entity (each, a "Customer") that purchases one or more Service(s) from the Company for the purposes of utilizing the Service(s) pursuant to the terms of the End User Service Agreement.
means one or more people authorized by the Customer to contact Company for the purpose of opening Trouble Tickets.
means any data and content stored or transmitted via the SmartBox Service by Customer or End Users.
means a named person designated under a Customer account to utilize the Service(s). If the End User of an account knowingly provides access credentials to a third-party, End User is responsible for said third-party to adhere to and be bound by all terms in this Agreement.
means the time period between 11:00p.m. and 3:00a.m. in the appripriate data center time-zone each twenty-four (24) hour calendar day.
means the fixed monthly amount paid by Customer to Company for access to the Services. For the avoidance of doubt, Monthly Recurring Charges ("MRCs") do not include any one time service charges, usage-based charges including, but not limited to, those associated with international dialing, 411, Operator Assisted Dialing, Direct Inward Dial (DID), Porting Charges or other usage-based dialing services provided by any incumbent (ILEC) or competitive local exchange carrier (CLEC). MRC charges do include (but are not limited to) seat charges, RRF, 911, and pooled storage charges.
means 365 days per year, 7 days a week, and 24 hours per day.
means any service outage resulting in whole or in part from any one or more of the following events: (1) Maintenance Windows and Planned Outages; (2) any failure or malfunction of an end user's applications, equipment, facilities, cabling, switching, local area network (LAN), desktop, tablet, smartphone, analog phone or analog phone adaptor (ATA) or any other equipment or services not provided by Company; (3) any outage resulting from the act, omission or fault on the part of the end user, customer, any third party contractor, service provider or vendor, or any other party other than Company; (4) any event or occurrence that results in "No Trouble Found" resolution to Trouble Tickets; (5) any event or outage lasting under 60 seconds in duration; (6) Trouble Tickets associated with new installations; (7) interruptions where the applicable customer or end user elects not to release the service for testing and repair and continues to use it on an impaired basis; (8) interruptions during any period when Company or its agents are not allowed access to the affected access lines: (9) master Trouble Tickets opened by Company or by a qualified third party on behalf of Company such as those in the case of a fiber cut; or (10) any force majeure event beyond the reasonable control of Company including, but not limited to, acts of God, natural disasters, cable cuts, government acts and regulation and national emergency.
means any on-premises equipment provided by Company and used by the Customer to enable the use of the Service.
means any time period during which the Service will not be available as determined by Company with notice to Wholesaler via email or other communication at least three (3) days prior to the commencement of the outage.
means both SmartBand Services and the Konnect Services which include (but are not limited to) Konnect Voice Services, Konnect Non-Voice Services and SmartBox Services.
means an unscheduled period of time during which an End User(s) is unable to use some or all of the Service as a result of an error classified as Severity 3 by Company but excluding any and all time during No Fault Outages and Maintenance Windows.
means the period of time beginning when Company opens a Severity 3 Trouble Ticket (defined as when the End User(s) Service is completely inoperable) for a Service Outage and continuing until the Service is restored and an internally created electronic notification is generated which includes Company's time stamp indicating when the Service was restored. This time stamp will then be entered into the Trouble Ticket. Service Outage Time is measured solely by time stamps created by Company and is rendered invalid if Customer Administrator or any affected End User is either unavailable or non-cooperative during the time in which Company is attempting to diagnose and resolve the Service Outage.
means the percentage of time in a given month that the End User's Service was available based on the following calculation: (i) the total number of minutes in a given calendar month, minus (ii) the total number of minutes of validated Service Outage Time (iii) divided by the total number of minutes in a given calendar month.
means bandwidth access service which may includes (but not limited to) T1,DS-3, Coax, Fiber, Ethernet, Fast Ethernet, Gigabit Ethernet and OC-n speeds, provides bandwidth access to the Customer via either a cross-connect or a local loop from the On-Premises Equipment router to a port on the network interface provide by the Company. Where access is provided via a local loop, the local loop is provided by Company between the network interface and the On-Premises Equipment router. Service may accommodate special routing access requests by the Customer and/or by Company.
means the service that provides the ability for end users to store and share Content (as defined in the EUSA).
means Konnect Services that are specifically used to transmit voice communications in real-time.
means Konnect Services that are not Konnect Voice Services which includes (but are not limited to) Konnect SmartBox Service, email service, voicemail service, fax service, SMS and Konnect messaging service, file transfer service and user and administration portals.
means initial Customer Administrator contact, information gathering and rudimentary problem solving.
means providing administrative or technical support and problem resolution to a Customer Administrator's problem.
means resolving any problem which cannot be resolved at the Level 1 or Level 2 Support levels. Customer Administrator is responsible (1) for determining that the problem is not caused by the End User's systems or any other factor other than the Service; (2) Customer Administrator has first attempted to resolve the problem using its reasonable best efforts as part of the Level 1 and Level 2 Support processes and; (4) Customer Administrator has provided Company with documentation necessary for Company to diagnose the problem and will continue to do so including participating in testing at Company's direction.
means a Company customer support case that has been assigned a Company case number.
means the then current unified cloud-based services delivered by company as defined in the Company's website at www.joinkumo.com.
Company agrees to provide to Customer Levels 1, 2 and 3 Support to as defined herein and in accordance with the terms and conditions of the Agreement and this SLA. Company shall have no obligations hereunder to any party other than Customer and its End Users.
In order to provide an orderly and defined means of resolving errors covered by this SLA, the parties agree to participate in an "escalation" process whereby an incident is intended to be identified, isolated and resolved by Company through a series of Company defined internal procedures through which an increasingly knowledgeable staff member, whether technical or not, is involved in resolving the reported incident as the problem is escalated from Level 1 to Level 2 and into Level 3 Support. Under no circumstances shall Company be obligated to perform any escalation procedures, and Company shall have no obligations hereunder, with respect to any issues resulting in whole or in part from 3rd party cabling, connectivity, switching, desktop computers, tablets, smartphones, analog phones and other equipment and/or services provided by any party other than Company.
The opening of a Trouble Ticket is the method by which the parties shall commence escalation procedures. A Trouble Ticket will not be considered opened with Company until Customer provides Company notification thereof using an email address or telephone number specified by Company in writing from time to time in a format acceptable to Company, whether verbal or written. Upon receipt of all such information, Company will generate a time stamp for the applicable Trouble Ticket at which point the Trouble Ticket will be deemed open for all purposes herein.
Company strives for and shall use its commercially reasonable efforts to maintain Service Availability for Konnect Voice Service at or greater than 99.99% per month. The calculation of Service Availability for each Konnect Voice Service shall be calculated and measured independently.
Company strives for and shall use its commercially reasonable efforts to maintain Service Availability for Konnect Non-Voice Service at or greater than 99.9% per month. The calculation of Service Availability for each Konnect Non-Voice Service shall be calculated and measured independently. Company may impose reasonable limitations, as determined by Company, on bandwidth usage for the SmartBox Service.
All On-Premises Equipment supplied by Company for SentraCloud fully managed accounts that fails to perform to the manufacturer specifications as determined and verified by Company will be replaced by Company at no expense to the Customer. Non-SentraCloud accounts will be billed for shipping costs.
Company will use commercially reasonable efforts to avoid service interruptions and to minimize any Konnect Service disruptions caused by Company. Konnect Voice Service Outages for more than fifteen (15) minutes in any single incident during a calendar day, will, if verified by Company, and at the Customer's written request as outlined herein, Company will apply a credit on Customer's bill equal to 1/30th of the effected service's monthly cost following the month in which the reported and verified incident was resolved. Customer is limited to one (1) fifteen (15) minute Konnect Service credit per calendar day. Further, if there is a Voice Service Outage for more than four (4) hours cumulative time per month, Company will apply an additional credit on Customer's bill equal to one (1) week of the effected service's monthly cost. Customer is limited to one (1) weekly Konnect Service credit per calendar month
Company will use commercially reasonable efforts to avoid service interruptions and to minimize any Konnect Service disruptions caused by Company. Konnect Non-Voice Service Outages for more than four (4) hours in any single incident during a calendar day, will, if verified by Company, and at the Customer's written request as outlined herein, Company will apply a credit on Customer's bill equal to 1/30th of the effected service's monthly cost following the month in which the reported and verified incident was resolved. Customer is limited to one (1) fifteen (15) minute Konnect Non-Voice Service credit per calendar day. Further, if there is a Non-Voice Service Outage for more than twenty-four (24) hours cumulative time per month, Company will apply an additional credit on Customer's bill equal to one (1) week of the effected service's monthly cost. Customer is limited to one (1) weekly Konnect Non-Service credit per calendar month
Total credits for SmartBand Services under this SLA are limited to the Monthly Recurring Charge (MRC) for the affected SmartBand service for the month in which the service does not meet the Service Availability for SmartBand Services. The Service Availability for SmartBand Services does not include the local access circuit (e.g. local loop), On- Premises Equipment (router or backbone network) or the Customer's Local Area Network (LAN), scheduled maintenance events, Customer caused outages or disruptions, interconnections to or from and connectivity within other Internet Service Provider (ISP) networks, and force majeure events.
In order to receive a credit, Customer Administrator must (i) open a Severity 3 Trouble Ticket within thirty (30) minutes of the first occurrence of an applicable event giving rise to the credit; and (ii) submit a written request for a credit to Company within fifteen (15) business days of opening of the Trouble Ticket. Written requests shall be sent to an email address specified by Company from time to time with "Request for credits" in the subject line with the trouble ticket number.