Fonolo Service Level Agreement

This Fonolo Service Level Agreement (“SLA”) governs the use of all Fonolo Services (“Services”) under the terms set out in the Fonolo Standard Terms and Conditions (the “T&Cs”) between Foncloud, Inc. operating as Fonolo (“Fonolo”) and users of the Services (the “Client”). This SLA applies separately to each Client using the Services. Unless otherwise provided herein, capitalized terms will have the meaning specified in the T&Cs. Fonolo reserves the right to change the terms of this SLA in accordance with the T&Cs.

1.0 Definitions

1.1. “Unavailable Time” means the applicable services are not available for use according to the Fonolo Status Page (available at fonolo.com). Any service issues or outages relating to any Exclusions (defined below) shall not be deemed as Unavailable Time.

1.2. “Monthly Uptime Percentage” is calculated by subtracting from 100% the percentage of continuous 5 minute periods during the calendar month in which the Services were in a state of Unavailable Time.

1.3. “Service Credit” is a dollar credit that Fonolo may credit back to an eligible Client.

2.0 Support Coverage

2.1. Self-Service. Clients can either rely on Fonolo to manage their account, or they can self-manage via the Fonolo Portal and extensive support documentation. Though the portal, Clients have full and complete access to add / modify / remove all features and services, and have the ability to disable the service completely from their own phone systems.

2.2. Support Phases. During the initial set up and installation phase, Clients will be assigned a dedicated solutions engineer as their primary support contact. Once the service is live and in production, Clients will be supported by our team of global support engineers.

2.3. Support Scope. Fonolo provides tiered global support based on priority level and impacted services. Response times depend on the priority level associated with a ticket. Fonolo reserves the right to reclassify the priority level of a ticket at any time if we reasonably believe the classification is incorrect.

2.4. Priority Levels. The priority level of a ticket you submit is used to determine what your response time will be:

• • Priority 1 – Urgent. This status only applies to production environments and represents a complete loss of service or a significant feature that is completely unavailable, where no workaround exists.
  • Priority 2 – High. Includes intermittent issues and reduced quality of service in your production environment, where a workaround may be available.
  • Priority 3 – Normal. Includes product questions, feature requests, and day-to-day changes (e.g., password resets, adding new users, etc.)
  • Priority 4 – Low. Includes scheduled Fonolo support (e.g., for requesting Fonolo Engineering resources for scheduled upgrades of Client systems, etc.)

This table is a quick reference to the support levels you can expect according to the ticket priority:

The time periods above begin when the Client notifies Fonolo of the support issue. Certain issues may require software development and testing that may result in extended restoration times.

2.5. Submitting Requests. Clients can submit tickets via the support form on the Fonolo website, by emailing support@fonolo.com, or by leaving a voicemail on our support line:

• • United States & Canada: +1-855-366-2500
  • EMEA: +44 800 802 1530
  • International: +1-416-366-2500

2.6. Business Hours. Fonolo’s primary business hours, for Normal and Low priority issues, are Monday – Friday, 8am – 6pm Eastern Standard Time.

2.7. Low Priority Issues. Clients may schedule Fonolo engineering resources outside of Business Hours. Hourly support fees of $200.00 USD per hour, minimum of one (1) hour, will apply for any out-of-contract support. Support must be scheduled a minimum of one (1) week in advance.

2.8. Scheduled Maintenance Windows. Fonolo’s scheduled maintenance windows are Sundays from 12:01 AM– 2:00 AM, Eastern Standard Time. During this window, Service may be interrupted for no more than two hours. Fonolo will do everything possible to minimize and avoid downtime during this maintenance window.

2.9. Incident Response Plan. Fonolo publishes a summary of its Incident Response Plan in its public support documents here: https://fonolo.com/help/article/incident-response-plan/. This article outlines what and how Fonolo communicates during an incident.

3.0 Availability

Fonolo will use commercially reasonable efforts to make its Services available 99.95% of the time, excluding service issues or outages related to any Exclusions (defined below).

3.1. Service Commitment. In the event that the Monthly Uptime Percentage is less than 99.95% in a given calendar month, as identified by the Fonolo Status Page, and confirmed by Fonolo at its sole discretion, Fonolo will credit Client’s account a percentage of that month’s license billings, as follows:

A Service Credit shall be issued to Client’s Fonolo balance for future use only. No refunds or cash value will be provided. A Service Credit may not be transferred or applied to any other Client.

3.2. Service Credit Request and Payment Procedures. To apply for a Service Credit, Client must submit a ticket via email to support@fonolo.com within 30 days of the month in which the Unavailable Time occurred. The ticket must include (i) “SLA Claim” as the subject of the email; (ii) the dates and times of the Unavailable Time being claimed; and (iii) any applicable information that supports the claimed outage.

3.3. Sole Remedy. Service Credits shall be Client’s sole and exclusive remedy for any unavailability or non-performance of the Services or other failure by Fonolo to provide the Services.

4.0 Exclusions

Notwithstanding anything to the contrary, no Unavailable Time shall be deemed to have occurred with respect to any unavailability of the Services, or any other Fonolo Service performance issues (i) that are caused by factors outside of Fonolo’s reasonable control, including, without limitation, any force majeure event, carrier related problems or issues, or Internet access or related problems beyond the demarcation point of Fonolo or its direct hosting subcontractors (i.e. beyond the point in the network where Fonolo maintains access and control over the Services); (ii) that result from any actions or inactions of Client or any third party (other than Fonolo’s direct hosting subcontractor); (iii) that result from third-party applications, equipment, software or other technology (other than third-party equipment within Fonolo’s direct control); (iv) that arise from Fonolo’s suspension and termination of  Client’s right to use the Services in accordance with the T&Cs; (v) during Scheduled Maintenance Windows; or (vi) that relate to alpha, beta or not otherwise generally available Fonolo features or products (collectively, the “Exclusions”).