Service Level Agreement

Network Performance

“Performance” is the measure of the quality of the Services during the time that the Services are available for use, established by counting the number of error seconds that occur within the 24 hour period of a calendar day.  The Performance objective of Voiswitch is to provide the CUSTOMER with a minimum of 97.8 Percent error free seconds, that is, no more than 1900 errors in a 24-hour period, averaged over the period of the twelve months of a calendar year.  Errors caused by Force Majeure or by the CUSTOMER shall not constitute error seconds.

Network Availability

“Availability” is the measure of the time during which the Services are available for use by the CUSTOMER, determined by subtracting the time that the Services are not available for use by the CUSTOMER (“Outage Time”) from the total time that the Services could be available for use by the CUSTOMER.  Outage Time begins when the CUSTOMER releases a faulty circuit to Voiswitch for repair and ends when the circuit is returned into service for the CUSTOMER.  Transient service degradation of short duration, which is cleared before any repair action is taken, and outages due to scheduled routine maintenance or to Force Majeure do not constitute Outage Time.  The Availability objective of Voiswitch is 99.7 Percent averaged over the period of the twelve months of a calendar year, that is, the total Outage Time in a 365 day period should not be greater than 26.28 hours.

Multiple Locations

Where the Services are provided to more than one location of the CUSTOMER, Performance and Availability shall be calculated as an average for all locations of the CUSTOMER.

Performance and Availability Discount

If Voiswitch’s objective for Performance or Availability is not achieved with respect to the twelve (12) months of any calendar year, then the CUSTOMER shall be entitled to a discount in the prices to be paid by the CUSTOMER for the Services provided by Voiswitch to the CUSTOMER pursuant to this Agreement during the next calendar year equal to the lesser of the percentage by which the actual percentage Performance or Availability was less than the percentage objective therefore.  This discount in prices shall be the only liability of Voiswitch to the CUSTOMER for Voiswitch not achieving Voiswitch’s objectives for Performance and/or Availability

Transport Overhead

Transport service (which includes ATM and Ethernet) includes the overheads (headers and trailers) associated with the transport service.  The CUSTOMER accepts that such overheads 

reduce the effective burst and sustained throughput available for the data of the CUSTOMER.

Symmetrical and Duplex Service

Unless otherwise indicated in the Agreement, the Services are “symmetrical” (that is, the rate of reception is not less than the rate of transmission set forth in this Agreement, if any) and “duplex” (that is, transmission and reception may occur at the same time).  There are products that are Asymmetrical in nature such as Cable, ADSL and VDSL including some Wireless services such as Cellular LTE.

Voiswitch shall be liable to the CUSTOMER for loss of symmetrical and/or duplex service to the extent only of:

• Restoration of symmetrical and/or duplex service is available from our underlying provider
• Asymmetry is a proposed feature of the underlying circuit (as is normal with ADSL, VDSL, Cable and Wireless)

Dark Fibre / Data Centre Cross Connections

If the Services include the provision of dark fibre, Voiswitch takes no responsibility for the strength, quality or content of any signal or current resulting from or occurring as a result of the CUSTOMER’s connection to or use of such dark fibre.

CUSTOMER’s Equipment & Obligations

Subject to contrary provision in the Agreement, the CUSTOMER shall: (i) be solely responsible for the provision and maintenance of all equipment on the CUSTOMER’s side of the Point of Demarcation; (ii) ensure that the CUSTOMER’s equipment is installed and maintained in accordance with the manufacturer’s specifications, with the reasonable requirements of Voiswitch and of Voiswitch’s suppliers and with the requirements of the Canadian Standards Association and any other regulatory body having jurisdiction; (iii) provide all necessary infrastructure including, without limitation, power outlets, grounding and anti-static environments required for the safe and efficient operation and maintenance of Voiswitch’s equipment located on the CUSTOMER’s property or premises; (iv) provide personnel who will be the interface between Voiswitch and the CUSTOMER for the purposes of this Agreement; (v) notify Voiswitch of the CUSTOMER’s due date for moves, adds and changes, which must be approved by Voiswitch in writing; (vi) not rearrange, disconnect, remove or otherwise tamper with Voiswitch’s equipment or facilities; (vii) use interconnection equipment compatible with the equipment of Voiswitch; (viii) not use the name of Voiswitch or of any of the suppliers of Voiswitch for any marketing or other purposes without the prior written approval of Voiswitch; (ix) comply with all laws, regulations, rules, codes, guidelines, licenses and other governmental or regulatory mandates applicable to Voiswitch and/or the CUSTOMER relative to the Services; and, (x) not use the trademarks, service marks, trade names, tag lines, slogans and/or any other right in or to the identity of Voiswitch or Voiswitch’s suppliers.

Access

The CUSTOMER is responsible for: (i) providing Voiswitch and its employees and representatives with prompt and safe access, during and after business hours, to the CUSTOMER’s property and premises, to the cables, termination panels and any other equipment located on the CUSTOMER’s premises and to other private property; and, (ii) obtaining and maintaining all Property rights that Voiswitch needs in order to connect Voiswitch’s facilities to the CUSTOMER’s facilities.  Outage Time for the purposes of determining Availability shall not include any time that Voiswitch or its employees and representatives are unable to access premises or contact on-site personnel.

Service description

Service Level Objectives and Specifications: All Services under the Services Schedule will be provisioned in accordance with the Service Level Objectives (the “SLOs”) indicated in the table below. There are no SLO’s or guarantees associated with any SIP Trunk, Internet, PRI or DID Services. Customer acknowledges and agrees that Voiswitch has no obligation to monitor any third party delivered element or component of Internet, PRI or DID Services, and Customer accepts these Services without any warranty whatsoever, including any express or implied warranty of fitness for purpose, merchantability, availability or reliability of the Internet, PRI or DID Services. Voiswitch will use commercially reasonable efforts to provide the Services specified above in the Services Schedule in accordance with the SLOs. Notwithstanding anything to the contrary in this Agreement or the Services Schedule, failure of Voiswitch to provide the Services specified in the Services Schedule in accordance with the above SLOs shall not constitute a default under this Agreement and Voiswitch shall not be liable to pay to the Customer any credits, penalties or damages for Voiswitch’s failure to meet such SLOs; provided however, that in the event of a consistent failure to meet or achieve such SLOs, Voiswitch shall, upon request by the Customer, investigate the failure and advise the Customer of what actions, if any, Voiswitch will undertake to minimize such failures in the future.

SERVICE CLASS AND PERFORMANCE OBJECTIVES

Transparent LANs or LAN Extension Services with or without Internet.

Voiswitch provided service level objectives are defined under the following Service Classifications:

Type 1:    ADSL – (With or Without Internet Transit)

“ADSL” provides an asymmetric service level speed. Because this service is distance dependent – no actual speed objective is provided or guaranteed. This service level is available as a private network or with Internet Services. Some markets provide service speed greater than what we have posted here. In all cases, it is to be considered an ‘up-to’ service.

Where a Cable, TPIA or Ethernet over Cable offer is available, a similar service level speed statement would apply equally.

Bandwidth in this service class is not guaranteed since it is dependent on third part variables such as available Third party transport; distance from the Telco provided central office and other conditions that are beyond the control of Voiswitch.

Type 2:    Ethernet 10, 100, 1000, 10,000, 40,000 or 100,000 mbps links (With or Without Internet Transit)

A Type 2 Noted Service Level Connection Speed Connection speed represents the speed of a connection and does not represent a guarantee of available end-to-end bandwidth.

The underlying Transport service provided by the Telco (which includes ATM and Ethernet) includes the overheads (headers and trailers) associated with the transport service.  The CUSTOMER accepts that such overheads reduce the effective burst and sustained throughput available for the data of the CUSTOMER.

Permitted Testing Tools

There are many sites on the Internet that offer Internet speed tests and broadband speed tests can be performed using various methods of which many may manufacture or impact the resulting numbers for various reasons. Only Voiswitch authorized testing tools and test plans will be permitted to determine effective bandwidth utilization. Such tests include but are not limited to IPERT and other native tests performed by Voiswitch qualified staff.

Iperf (as an example) is a tool for network performance measurement and tuning. It is a cross-platform tool that can produce standardized performance measurements for any network. Iperf has client and server functionality and can create data streams to measure the throughput between the two ends in one or both directions.

Internet Speed Tests (Third Party)

While HTML5-based speed tests are more accurate than tests that use Java and Adobe Flash. We wish to point out that multithread tests such as those used by Ookla (Speedtest.net and branded by many ISPs) don’t represent real-world network traffic especially with high bandwidth services or private MPLS links.

Service Level Objective

Voiswitch Inc. (Voiswitch) is dedicated to providing the fastest, high-dependability solutions to meet our customers’ Internet access, point-to-point connectivity and IT continuity needs. Voiswitch’s dedication to our customers is shown through our unprecedented and industry-leading Service Level Objective (SLO). Voiswitch’s SLO documents our commitment to provide our customers with the fastest, most available network services in the industry.

Performance Guarantee Credit

In the event that a customer experiences an interruption to their service exceeding forty-five (45) minutes Voiswitch will give an SLO Credit equal to one thirtieth (1/30th) of the Monthly Recurring Charge (MRC) for their Services affected on the next scheduled invoice.

For each additional hour of continuous Interruption an additional 1/30th of the MRC will be credited.

Note: Customer must request credit in writing within ten days of the end of the month in which the Interruption occurred.

Network Service Level Objectives

• Network Latency – a maximum one-way trip transmission delay of 50 milliseconds between our core POP and your main location which includes all provinces and 48 states.
• Packet Loss – 0.1% or less within Voiswitch’s Core network
• Throughput – the customer’s bandwidth profile as identified in the customer’s contract within Voiswitch.
• Mean Time to Restore Services – Voiswitch’s goal is to have someone on-site within 2 hours in response to emergencies and provide a mean time to repair (MTTR) of four hours when possible.

*These objectives should not be construed or interpreted as a representation or warranty by Voiswitch.

Credits will be due under the following scenario:

1. Outage in excess of 4 hours per incident in which credits will be calculated as outlined above
2. Impairment of the main link, causing the remotes links to not access the head office, which will cause for a credit of the main link as outlined above
3. If a subsequent same day outage occurs, the cumulative outage period will be due per above

Service Compatibility / Incompatibility

Alarm Security Systems – The Voiswitch provided phone service may not be compatible with all security systems. You may be required to maintain a telephone connection through your local exchange carrier in order to use any alarm monitoring functions for any security system installed in your home or business. You are responsible for contacting the alarm monitoring company to test the compatibility of any alarm monitoring or security system with your Voiswitch Phone service.

Fax Machines – The Voiswitch Phone service can work with most fax machines, however due to various machine configurations, Internet connectivity and bandwidth fluctuations, faxing using your fax machine and your Home Phone service is provided on a best-efforts basis and Voiswitch assumes no liability whatsoever and provides no guarantee that faxing will work.

911

A full service explanation of the Voiswitch 911 service and methods can be reviewed here:

Call Blocking – Some countries block Voice Over IP (VoIP) services and your Voiswitch Phone service may not work if your relocate it to a country that blocks VoIP service. Voiswitch assumes no liability due to blocked VoIP traffic.

Call Per Second Blocking / Dialer – Voiswitch SIP Channels and Cloud PBX are designed for traditional enterprise use. This means we follow a traditional Call Per Second model. Calls Per Second or CPS refers to how many telephone calls can be handled in a second.

For Outbound calls, by default, all accounts come with 3 calls per second per account. If you require an increase in number of calls you can make per second for your account, please contact our sales department.  It is important to note that due to extra costs incurred by carriers and server providers, a minimum commitment is required, depending on the number of calls per second you request.

Our calculation for CPS would look like this:

100 Channels Purchases @ 3 Percent CPS Allocation = 3 calls per second

• In order to achieve 10 CPS you would require 334
• In order to achieve 20 CPS you would require 667
• In order to achieve 30 CPS you would require 1000
• In order to achieve 40 CPS you would require 1334
• In order to achieve 50 CPS you would require 1667
• In order to achieve 60 CPS you would require 2000

For a metered service, the required channels are similar to the above. If order to increase your CPS on a metered arrangement.

500,000 minutes per month = 3 CPS Allocation

• In order to achieve 10 CPS you would require 1,666,667
• In order to achieve 20 CPS you would require 3,333,333
• In order to achieve 30 CPS you would require 5,000,000
• In order to achieve 40 CPS you would require 6,666,667
• In order to achieve 50 CPS you would require 8,333,333
• In order to achieve 60 CPS you would require 10,000,000

For Inbound calls, by default, there is no limit on the number of inbound calls your number can receive per second: however, please note that, due to certain carrier restrictions, the majority of incoming calls on a single number must be answered and should not be used for services like missed call services.