411 Locals Call Answering Services Service Level Agreement (“SLA”)
GENERAL TERMS
For businesses that 411 Locals provides Call Answering Service (CAS), 411 Locals will charge a one-time setup fee, as well as a monthly recurring charge that will be billed to the credit card 411 Locals has on file.
411 Locals will use “good faith efforts” to only forward telephone calls that we believe are originating from potential customers for your business. These calls will be forwarded to you during 411 Locals’ business hours, 7:30 am to 4:00 pm PST. 411 Locals will also provide you with voicemail as part of the call answering service, as well as any business leads left on said voicemail on the next business day.
Scope of Agreement
There are two specific areas covered under this SLA = “Service Availability” and “Abandonment Rate.”
“Service Availability” is the total time that 411 Locals network is available to the general public. The 411 Locals Platform will be available free of outages 99.0% of the time. Service Downtime is any unplanned interruption in service during which 411 Locals’ Customer Service Professionals are unable to process inbound calls and/or certain other inbound electronic communications.
- The following formula is used to determine “Service Availability”: (Total Time – Down Time) / Total Time) * 100)
“Abandonment Rate” is the percentage of inbound communications (ex. calls, emails, SMS chats, etc.) introduced to you that terminate prior to being answered. 411 Locals will maintain an abandonment rate equal to or less than 5% during a billing cycle. To be considered “abandoned,” the call or chat must be disconnected by the initiating party and must be presented for a minimum of 18 seconds.
- The following formula is used to determine “Abandonment Rate”: ((Total Abandoned Inbound Communications / Total Inbound Communications) * 100)
Interruptions in Service
Interruptions in service, which are not due to your negligence or non-compliance with the provisions of the SLA (including all schedules attached thereto), or the operation or malfunction of facilities, power, or equipment provided by you, will be credited to you as set forth below for the part of the service that the interruption affects. “Interruption” (whether capitalized or not) will mean a complete loss of service resulting in the inability to accept incoming calls due to equipment malfunction or human errors for a continuous period of more than thirty (30) minutes.
Interruption does not include and no allowance will be given for service difficulties such as network and/or switching capacity shortages. Any Interruption allowance will also not apply where service is interrupted by your negligence or willful act or where 411 Locals, pursuant to the terms of the SLA, suspends or terminates service because of nonpayment of bills due to 411 Locals, unlawful or improper use of the service, or any other reason covered by the SLA. No allowance will be made for interruptions due to electric power failure where, by the provisions of this SLA, you are responsible for providing electric power.
A credit allowance will be made when an interruption occurs because of a failure of specific services furnished by 411 Locals under this SLA.
Credit for Interruptions
An interruption period begins when you report a service to be interrupted and ends when the service is operative. If you report a service to be inoperative but decline to make it available for testing and repair, it is considered to be impaired, but not interrupted.
a) For calculating credit allowances, every month is considered to have 30 days. A credit allowance is applied on a pro-rata basis against the monthly recurring charges for the affected service and is dependent upon the length of the interruption. Only those services interrupted will receive a credit.
b) A credit allowance will be given for interruptions of 30 minutes or more, upon your written request no later than five (5) business days after the occurrence of the outage to your 411 Locals Account Manager.
c) Credit allowances will be calculated as follows:
– if the interruption continues for less than 24 hours:
i) 1/30th of the monthly recurring charge if it is the first interruption in the same billing period.
ii) 2/30ths of the monthly recurring charge if there was a previous interruption of at least 24 hours in the same billing period.
– if the interruption continues for more than 24 hours, 1/30 of the monthly recurring charge for the first 24 hours and 2/30ths of such rate for each additional 24 hours (or fraction thereof); however, if service is interrupted for over 24 hours, more than once in the same billing period, the 2/30ths allowance applies to the first 24 hours of the second and subsequent interruptions.
– Two or more interruptions of thirty minutes or more during any one 24-hour period will be considered as one interruption.
Limitations on Credit Allowances
No credit allowance will be made for:
- Interruptions arising from the acts or omissions of, or non-compliance with the provisions of the SLA or any schedule thereto by you or any authorized user, or any interruptions due to any party other than 411 Locals or for events happening on any other party’s network, including but not limited to internet service providers or other common carriers connected to, or providing service connected to, the service of 411 Locals or to 411 Locals’ facilities;
- Interruptions due to the failure or malfunction of non-411 Locals equipment, including service connection to you provided electric power;
- Interruptions of service due to force majeure events beyond the reasonable control of 411 Locals.
Maximum Credit
Credits attributable to any billing period for interruptions of service will not exceed the total monthly recurring charges for that period for the service furnished by 411 Locals rendered useless or substantially impaired. The credits set forth in this SLA will be 411 Local’s sole liability and your sole remedy in the event of any interruption. Unless otherwise specifically provided in this SLA, under no circumstances will an interruption be deemed a breach of this SLA.
SLA Exclusions
(a) Service Exclusions
This SLA does not cover Service Downtime or Abandoned Calls/Chats that result from one or more of the following:
- Problems with your equipment, connections, providers or network.
- Problems with client-provided Internet/telephone connectivity or end-user software.
- Problems with entities inside your internal network.
- Acts of God, natural disasters, public health emergencies, epidemics, pandemics, force majeure events, or other natural, technological, or man-made hazards.
(b) Service Availability & Abandonment Exclusions
The following are excluded from the monthly calculation of Service Availability & Abandonment:
- Your account is not in good standing (suspended).
- Any downtime as a result of Scheduled Maintenance.
- Any interruptions, delays, or failures caused by you or your employees, agents, or subcontractors.
- Inbound communications received during weather and other force majeure events.
