This Service Level Agreement “SLA” sets forth the applicable service levels “Service Levels” for iboss software subscription services “Services”. This SLA is subject to and incorporated into the Terms of Service and End User License Agreement “EULA”. Any terms not defined in this SLA shall have the meaning as defined in the EULA.
1. Service Level Guarantee
"Availability" means the monthly percentage of time during a calendar month during which the relevant Service is not subject to an Outage. Availability is expressed as a percentage and calculated as follows: (Total minutes in the relevant calendar month – total minutes of Excluded Events – total minutes of Outage in such month) / (Total minutes in such month – total minutes of Excluded Events) x 100. For the avoidance of doubt, Availability does not apply to any downtime due to Hardware loaned or sold to Customer.
"Excluded Event" means any event that adversely impacts the relevant Service that is caused by (a) the acts or omissions of Customer, its employees, customers, contractors or agents; (b) the failure or malfunction of equipment, applications, software, or systems not owned or controlled by iboss; (c) Force Majeure Events; (d) scheduled maintenance; (e) any suspension of the relevant Service pursuant to the EULA; (f) any downtime arising out of any Hardware loaned or sold to Customer, including without limitation, any Hardware return processing time; and (g) changes in the Customer's source environment, including but not limited to, either intentional or accidental connections or disconnections to the environment.
"Month" means a calendar month.
"Outage" means the accumulated time as tracked in an iboss trouble ticket during which a Service was not available and properly functioning for use, excluding Excluded Events. An Outage will commence when iboss opens an incident in its trouble ticketing system, whether as a result of iboss monitoring or notification from the Customer, and ends when the incident is resolved.
"Service Credit" means an amount deducted from the subscription fees billed to Customer with respect to the affected Services in the event of a Service Level Failure or Network Latency (as defined below).
"Service Level Failure" means the Availability of the relevant Service falls below 99.9%.
iboss will use commercially reasonable efforts to ensure that the Services will have an Availability of 99.9% as measured over each calendar month during the Term. In the event of a Service Level Failure, Customer may be eligible to receive the applicable Service Credit in accordance with the terms set forth herein.
Subject to the last paragraph of Section 3, in the event of a Service Level Failure, Customer will be eligible to a Service Credit as follows:
|Availibility within a month||Service Credit|
|<99.9% - ≥ 99.4%||5% Credit|
|<99.4% - ≥ 98.9%||10% Credit|
|<98.9% - ≥ 97.9%||20% Credit|
|<97.9% - ≥ 97.0%||30% Credit|
2. Network Latency Guarantee – Less than 0.08ms
The Service is guaranteed to have network latency of 0.08 ms or less. “Network Latency” is defined as the average time taken for an IP packet to make a round trip between the customer network interface and the iboss cloud, as averaged over a 30 day period.
After being notified by Customer of Network Latency in excess of 0.08 milliseconds, iboss will use all commercially reasonable efforts to determine the source of the excess Network Latency and to correct the problem to the extent that the source of the latency is from the iboss cloud. If the Network Latency guarantee is not met within a calendar month and the source of the latency is from the iboss cloud, iboss will, upon Customer’s request, issue a Service Credit on the Customer’s next monthly invoice. Subject to the last paragraph of Section 3, the credit will be equivalent to the prorated charges of one (1) day of the applicable subscription fee for the affected Services for each day the Network Latency guarantee was not met, not to exceed the total subscription fees for the affected Services for the applicable month.
3. Service Credit Procedures
Customer must request any Service Credit by submitting an e-mail to email@example.com within sixty (60) calendar days of the conclusion of the month in which the Service Level Failure(s) and/or Network Latency occurs. Customer waives any right to Service Credits not requested within this sixty (60) calendar day period. Service Credits will be issued once validated by iboss and applied toward the invoice which Customer receives no later than two (2) months following Customer's Service Credit request. All performance calculations and applicable Service Credits are based on iboss records and data.
This SLA provides Customer's sole and exclusive remedies for any Network Latency and Service interruptions, deficiencies, or failures of any kind.
Notwithstanding anything to the contrary, in no event will the Service Credits accrued in any calendar month exceed, in the aggregate across all events, including both Network Latency and Service Level Failures, fifty percent (50%) of subscription fees paid by Customer to iboss for all affected Services.
4. Support Services
If you purchased Services through (i) an authorized iboss distributor or reseller or (ii) you purchased a service agreement through an iboss partner, please contact such party for support assistance.
If you purchased Services directly from iboss, iboss shall use commercially reasonable efforts to provide support via the following methods:
|iboss Support Packages||Standard||Premier||Mission Critical|
|24x7 Online Support Center Access|
|On-line training, videos, user guides|
|Escalation window - Severity 1 issues||8am - 8pm EST||24x7||24x7 Priority|
|Technical Account Engineer||Up to 1 hour/month||Up to 3 hours/month|
|Priority Levels SLA|
|S1 Response Time||2 hrs||30 mins||15 mins|
|S2 Response Time||4 hrs||1 hr||30 mins|
|S3-S4 Response Time||24 hrs||4 hrs||2 hrs|
iboss shall respond to support requests in accordance with the following table which describes the severity level classification for problems and the expected response time for each severity level. iboss shall use commercially reasonable efforts to respond to problems within the time frames set forth below.
|Priority Levels SLA||Description|
|S1||Critical production issue that severely impacts your use of the service. The situation halts your business operations and no procedural workaround exists.|
|S2||Major functionality is impacted or significant performance degradation is experienced. The situation is causing a high impact to portions of your business operations and no reasonable workaround exists.|
|S3-S4||There is a partial, non-critical loss of use of the service with a medium-to-low impact on your business, but your business continues to function. Short-term workaround is available, but not scalable.|