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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. Hours of Coverage. Fonolo will respond to general support inquiries during the following Hours of Coverage: Monday – Friday, 8am – 6pm Eastern Standard Time. Clients can contact support by emailing support@fonolo.com, or calling (855) 366-2500.

2.2. Emergency After-Hours Support. Fonolo provides 24x7x365 after-hours support for emergency events, by emailing support@fonolo.com or by calling the after-hours voice mailbox at (855) 366-2500. Emergency events determined, at Fonolo’s sole discretion, to be non-emergency in nature, or the result of the actions or inactions of Client or any agent on behalf of Client, may be subject to hourly support fees of $200.00 USD per hour, minimum of one (1) hour.

2.3. Scheduled After-Hours Support. Clients may schedule Fonolo support outside of the Hours of Coverage. Hourly support fees of $200.00 USD per hour, minimum of one (1) hour, will apply, and must be scheduled a minimum of one (1) week in advance.

2.4. Response Time. Fonolo will issue a first reply to a support e-mail or call within 24 hours when received during the Hours of Coverage and within 48 hours when received outside the Hours of Coverage.

2.5. Scheduled Maintenance Windows. Fonolo’s scheduled maintenance windows are Thursdays 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.

2.6. 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%, as identified by the Fonolo Status Page in a given calendar month, Fonolo, at its sole discretion after confirming the nature and accuracy of the Unavailable Time, will credit Client’s account a percentage of that month’s license billings, as follows:

Monthly Uptime PercentageService Credit Percentage
Less than 99.90% but equal to or greater than 99.50%10%
Less than 99.50% but equal to or greater than 99.00%25%
Less than 99.00% but equal to or greater than 95.00%50%
Less than 95%100%

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”).

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