411 Locals Call Answering Services Service Level Agreement
This Call Answering Service Service Level Agreement (“SLA”) sets forth the provisions and commitments relating to service quality between 411 LOCALS, Inc. (“411 Locals”) and Customer. This SLA is hereby added as a schedule to the Master Services Agreement (“Agreement”) between Customer and 411 Locals.
For businesses that 411 Locals provides Call Answering Service(CAS), 411 Locals will charge a one-time set up fee in the amount of $9.99 and monthly recurring charge of $49.99 per month 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, in 411 Locals sole discretion, 411 Locals believes are originating from potential customers for your business. These calls will be forwarded to Customer during 411 Locals’ business hours, 7:30 am to 4:00 pm PST. 411 Locals will also provide Customer with voicemail as part of the call answering service, and provide Customer with any business leads left on said voicemail on the next business day. By accepting 411 Locals’ service, Customer agrees to indemnify and hold 411 Locals and its affiliated companies, officers, agents, and employees harmless from any claim or demand, including attorney’s fees, or made by any third party, due to or arising out of our call answering services
1. General Standard. 411 Locals will use reasonable efforts under the circumstances to maintain its overall quality. The quality of service provided hereunder shall be consistent with common industry standards, government regulations and sound business practices. This SLA applies to Customer and may be amended at any time by 411 Locals.
2. 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 for 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. “Abandonment Rate” is the percentage of inbound communications (ex. calls, emails, SMS chats, etc.) introduced to Customer 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.
3. Metrics Utilized. “Service Availability” is measured from the time a problem has been realized by 411 Locals to the time the platform is once again able to receive and answer calls and/or chats.
- The following formula is used to determine “Service Availability”: (Total Time – Down Time) / Total Time) * 100)
“Abandonment Rate” includes inbound communications 411 Locals, lasting a minimum number of seconds, which terminate prior to being answered.
- The following formula is used to determine “Abandonment Rate”: ((Total Abandoned Inbound Communications / Total Inbound Communications) * 100)
4. Interruptions in Service. Interruptions in service, which are not due to Customer’s negligence or non-compliance with the provisions of the Agreement (including all schedules attached thereto), or the operation or malfunction of facilities, power, or equipment provided by Customer, will be credited to Customer as set forth below for the part of the service that the interruption affects. “Interruption” (whether capitalized or not) shall 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 shall be given for service difficulties such as network and/or switching capacity shortages. Any Interruption allowance shall also not apply where service is interrupted by the negligence or willful act of Customer or where 411 Locals, pursuant to the terms of the Agreement, 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 Agreement. No allowance shall be made for interruptions due to electric power failure where, by the provisions of this Agreement, Customer is 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 Agreement.
5. Credit for Interruptions. An interruption period begins when Customer reports a service to be interrupted and ends when the service is operative. If Customer reports a service to be inoperative but declines 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 written request of Customer no later than five (5) business days after the occurrence of the outage to Customer’s 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 shall be considered as one interruption.
6. Limitations on Credit Allowances. No credit allowance will be made for:
a) interruptions arising from the acts or omissions of, or non-compliance with the provisions of the Agreement or any schedule thereto by Customer 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;
b) interruptions due to the failure or malfunction of non-411 Locals equipment, including service connected to Customer provided electric power;
c) interruptions of service due to force majeure events beyond the reasonable control of 411 Locals.
7. Maximum Credit. Credits attributable to any billing period for interruptions of service shall 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 shall be 411 Local’s sole liability and Customer’s sole remedy in the event of any interruption. Unless otherwise specifically provided in this Agreement, under no circumstances shall an interruption be deemed a breach of this Agreement.
8. 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 Customer’s equipment, connections, providers or network.
- Problems with client-provided Internet/telephone connectivity or end-user software.
- Problems with entities inside Customer’s 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:
- Customer’s account is not in good standing (suspended).
- Any downtime as a result of Scheduled Maintenance.
- Any interruptions, delays or failures caused by Customer or Customer’s employees, agents, or subcontractors.
- Inbound communications received during weather and other force majeure events.
9. Miscellaneous Provisions.
This Agreement is be governed by and construed in accordance with the laws of the State of Nevada without reference to any principles of conflicts of laws, which might cause the application of the laws of another state. Any action instituted by either party arising out of this Agreement will only be brought, tried and resolved in the applicable federal or state courts having jurisdiction in the State of Nevada. EACH PARTY HEREBY CONSENTS TO THE EXCLUSIVE PERSONAL JURISDICTION AND VENUE OF THE COURTS OF NEVADA– (STATE AND FEDERAL), HAVING JURISDICTION IN THE STATE OF NEVADA.