1.1. CM Telecom will make the Gateway available to the Client and will accept messages from the Client as fast as commercially possible as soon as the handsets of such users are ready to receive the messages. However, due to factors beyond its control, CM Telecom does not guarantee latency nor final delivery to the handset.
2.1. Any service interruption / breakdown in Client's connectivity to the Gateway of CM Telecom shall be reported to the CM Network Operation Center by Client by using the following methods:
(1) By email to email@example.com, and;
(2) By phone via phone number +31 (0)76 572 4082.
2.2. The CM Network Operation Center is available 24 hours a day, 7 days a week.
2.3. In addition, there is a special CM Network Operation Center website where updated information can always be found in relation to faults, planned maintenance activities or major service problems. You can also subscribe to the RSS- feed. The website address is: http://noc.cm.nl.
2.4. If a service interruption / breakdown is detected, you are requested to first consult the CM Network Operation Center website before contacting the CM Network Operation Center by email or phone.
3.1. If Client is connected to both Gateways of CM Telecom (primary Gateway and secondary Gateway), CM Telecom will use reasonable endeavors to ensure that during each calendar year the Gateway has an availability of 99,99%.
3.2. If Client is connected to only one of the two Gateways of CM Telecom (thus effectively only to a primary Gateway), CM Telecom will use reasonable endeavors to ensure that during each calendar year the Gateway has an availability of 99,8%.
3.3. Downtime is rare, since CM Telecom is pro-active and has got an advanced, anticipated and redundant Gateway.
3.4. CM Telecom will notify Client in advance of any planned maintenance activities that may affect the quality and performance of the Service.
3.5. In case of un-planned and/or emergency maintenance, CM Telecom shall provide as much advance notice to Client as is reasonably practicable.
3.6. CM Telecom shall use its reasonable endeavors to conduct maintenance under this paragraph so as to minimize adverse impact on the business of the Client.
4.1. CM Telecom will classify failures to the Service as follows: Severity I. Service is totally unavailable across all of the networks of the Operators covered by the Service (the ‘Aggregated Mobile Networks’) as follows:
Gateway unable to send messages to the Aggregated Mobile Networks; or
Client is completely unable to connect to Gateway by reason of a breach of the Agreement on the part of CM Telecom; or
Gateway corrupts all messages such that Service is unusable through the Aggregated Mobile Networks; or other critical faults affecting all messages sent by the Client using the Service.
Severity II. Service is totally unavailable on at least one network of an Operator as follows: (i-iv) as specified in Severity I above, save that references to Aggregated Mobile Networks there shall be interpreted as references to the respective Operator network(s).
Severity III. Service is usable, but either:
messages are not delivered in accordance with the Agreement; or
Service is unusable by a substantial proportion of end-users on a Operator network as specified in Severity I above, save that references to Aggregated Mobile Networks there shall be interpreted as references to that substantial proportion of end-users of such Operator network.
Severity IV. All Failures, other than those referred to in Severity I-III above, which result from any act or omission on the part of CM Telecom.
|Failure Severity||Target response time||Target Maximum Fix Time||Progress Reports|
|I||30 minutes||4 hours||Every 60 minutes until resolution|
|II||1 hour||8 hours||Every 4 hours until resolution|
|III||4 hours||1 day||At resolution or as agreed for specific Failure|
|IV||1 day||5 days||At resolution|
5.1. CM Telecom maintains at all times a current list of Operators being covered. CM Telecom reserves the right to alter the list adding or deleting Operators as appropriate. CM Telecom will cover as many Operators as commercially practicable, but does not undertake, represent or warrant that any particular Operator will continue to be reachable by CM Telecom at any time in the future.
6.1. If CM Telecom shall fail to meet any service level specified in this Service Level Agreement, the Client's sole remedy is for CM Telecom to use reasonable endeavors to correct such failure in future deliveries of the affected Service as mentioned in the Agreement.
6.2 Notwithstanding section 6.1 of this Service Level Agreement, the following events shall entitle the Client to a refund of the monthly Gateway fee.
(a) more than 3 Severity I Failures are properly reported by the Client within 28 consecutive days, which are a direct result of a failure caused by CM Telecom; and
(b) more than 5 Severity II Failures are properly reported by the Client within 28 consecutive days, which are a direct result of a failure caused by CM Telecom and adversely affect at least 25% of the Client’s messages sent under the relevant Service.