SLA

Service Level Agreement (SLA)

The following schedule offers the details of the Ongoing support SLA.

• 1. Introduction

The SLA defined below is from TextByChoice in connection with the messaging services offering via Client Portal and APIs.

• 2. Support Services
  • 2.1 The Support Services consists of:
    • A. TextByChoice’s making reasonable efforts to ensure that the Services are available to the Customer for its use;
    • B. The investigation and attempted resolution by TextByChoice of Incidents; and
    • C. Access by the Customer to reasonable technical assistance by email in connection with the operation of the Service
  • 2.2 The Support Services do not include the investigation, addressing or resolution of Incidents:
    • A. arising from incorrect operation, misapplication or misuse of the Services by the Customer;
    • B. caused by failure of the Customer to provide suitably qualified and adequately trained operating and technical staff to operate the Services;
    • C. caused by the Customer or third party:
      • i. network failure or error;
      • ii. hardware failure or error;
      • iii. software or operating system failure or error; or
    • D. Caused by any External Factors.
  • 2.3 The Support Services do not include:
    • A. Support for third party hardware, software or systems; or
    • B. TextByChoice will not support the message recipient
  • 2.4 TextByChoice will provide the Support Services to the Customer from 9am EST to 5pmEST on weekdays.
  • 2.5 The Customer must not forward any TextByChoice support contact information to its Message Recipients.
• 3. Service availability
  • 3.1 In this schedule:
    • A. Uptime means the time that the Service is available to the Customer for its use.
    • B. Downtime means the time that the Service is not available to the Customer for its use.
    • C. Planned Downtime means Downtime that has been notified to the Customer 24 hours in advance.
  • 3.2 TextByChoice will make reasonable efforts to ensure that the TextByChoice System has an Uptime of at least 99.9% per month, but excluding:
    • A. Planned Downtime; and
    • B. Downtime caused by any of the matters referred to in section 2.2 or section 3.4.
  • 3.3 TextByChoice will make reasonable efforts to
    • A. notify the Customer of Planned Downtime at least 24 hours in advance; and
    • B. Schedule Planned Downtime at times when network traffic is most likely to be low.
  • 3.4 In emergency situations, it may be necessary for the TextByChoice Systems to have Downtime with no notice. TextByChoice will notify the Customer of any such emergency situations as soon as it is reasonably practicable to do so.
• 4. Customer Obligations

The Customer must comply with the following Incident reporting process:

• A. Incident reporting must always be done at the first level to support@TextByChoice.com explaining in detail the Incident
• B. Before contacting TextByChoice customer support, the Customer must ensure that the Incident has not arisen due to the Customer’s own acts or omissions
• C. Prior to any requests for support, the Customer must perform Incident analysis in its own environment (in accordance with paragraph B above). If TextByChoice determines that the support request falls outside of the scope of the Support Services (for example, because one or more of the matters referred to in sections 2.2 or 2.3 apply) TextByChoice may not involve in further diagnosis and resolution.
• 5. TextByChoice’s Obligations
  • TextByChoice will:
    • A. make reasonable efforts to acknowledge and resolve Incidents in accordance with the timeframes set out in this section 5;
    • B. make reasonable efforts to promptly inform the Customer (by email) if the Service experiences any Downtime;

• TextByChoice will inform the Customer when an Incident has been resolved.
• TextByChoice will make reasonable efforts to acknowledge (by email) and resolve Incidents within the timeframes set out below calculated from the Customer’s reporting of the Incident by email:

• For the purposes of this schedule:
  • A. Level 1 Incident means a significant error or failure in the operation of TextByChoice’s Systems which results in a major or total failure of operation of the Services (for example, it is not possible to connect to the TextByChoice Systems to send or receive messages);
  • B. Level 2 Incident means a significant error or failure in the operation of TextByChoice’s Systems which interrupts or corrupts one or more processes in the Services and results in a partial interruption to the provision of the Services (for example, the TextByChoice Systems are online but the connection is unstable);
  • C. Level 3 Incident is an error or failure in the operation of TextByChoice’s Systems which interrupts or corrupts one or more processes in the Services but does not result in a significant interruption to the functioning of the Services (for example, incorrect statistics are provided, or the administration area for statistics and logs is not available).

TextByChoice reserves the right to revise this SLA from time to time. Your use of TextByChoice services implies you agree with the SLA terms.