Service Level Agreement
Esendex

Last Modified: March 8, 2024 

This Service Level Agreement (“SLA”) governs the use of the Essendex Services, as defined in the Master Service Agreement (“MSA”) and applies your use of our Service.  This SLA does not apply to any trial or beta Service we provide to you.  This SLA is incorporated by reference into the MSA that contains defined terms that are used in this SLA.  If there is a conflict between terms contained in this SLA and the terms in the MSA, the MSA terms will take precedence.  We reserve the right to change the terms of this SLA in accordance with the MSA.  

Our Commitment to You

Services Availability:  We will use commercially reasonable efforts to make our Service available to you free of network outages 99.99% of the time. If we do not meet this goal in a given month, you will be eligible for a service credit.  

For purposes of calculating the service credit, an “Outage” is defined as an instance that is within our control in which no traffic can pass in or out of our Service for more than 15 consecutive minutes.  

If we experience and Outage and fail to make the Service available to you, we will provide you with a service credit to your account for future use.  We will not provide you refunds and the service credit has no cash value.  The service credit will be calculated as follows: 

For each hour, or a percentage thereof, of Outages in any calendar month, we will issue to you a one-day credit on your next invoice.  A one-day credit is equal to 1/30^th of your monthly recurring charges for the specific Service that experiences the Outage, except for any applicable Pass-Through Fees.  For any given month, you may apply a maximum of five one-day credits.  

What We do not control:  For purposes of this SLA, an Outage does not include a Service interruption resulting from (i) a failure of your applications, equipment or facilities; (ii) our scheduled maintenance windows; (iii) a force majeure event; (iv) a carrier, aggregator or local access provider related outage or interruption; or (iv) if we have suspended or deactivated your account in accordance with the MSA. 

Requesting a credit:  You may apply for a service credit by contacting us within 30 days of the Outage via technical support at 757-544-9510 or by contacting your account representative.  Our business hours are from 9am to 6pm, Monday-Friday eastern time.  

Sole Remedy:  The service credit shall be your sole remedy and only for any unavailability or non-performance of the Services.