Proposed Enterprise Service Level Agreement

The following are the details of the Ongoing support SLA.

1. Introduction
This schedule describes the support services offered by SMSGlobal in connection with the messaging and related services provided by SMSGlobal via the Website. The Customer must ensure that its Personnel are aware of, and comply with, the Customer’s obligations under this schedule, including obligations in relation to the reporting of faults, interruptions or problems with the Service (Incidents).
2. Support Services
- 2.1 The Support Services comprise:
  - A. SMSGlobal’s exercise of reasonable efforts to ensure that the Services is available to the Customer for its use;
  - B. The investigation and attempted resolution by SMSGlobal of Incidents; and
  - C. Access by the Customer to reasonable technical assistance by email or telephone in connection with the operation of the Service, on the terms and conditions of this Schedule 4.
- 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. Support for Message Recipients. If a Message Recipient requests technical support from SMSGlobal, SMSGlobal’s sole responsibility is to refer the Message Recipient to the Customer (who is then responsible for providing support directly to that Message Recipient).
- 2.4 SMSGlobal will provide the Support Services to the Customer 24 hours a day, 7 days a week, and 365 days a year.
- 2.5 The Customer must not forward any SMSGlobal 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 SMSGlobal will use reasonable efforts to ensure that the SMSGlobal System has an Uptime of at least 99.99% 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 SMSGlobal will use reasonable efforts to
  - A. notify the Customer of Planned Downtime at least 3 Business Days in advance; and
  - B. Schedule Planned Downtime at times when network traffic is most likely to be low.
- 3.4 Notwithstanding section 3.3, in emergency situations, it may be necessary for the SMSGlobal Systems to have Downtime with no notice. SMSGlobal 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@smsglobal.com (or to the email address as otherwise notified by SMSGlobal) explaining in detail the Incident (including affected services, user ID, MSISDNs or Message IDs, and any other supporting information required by SMSGlobal) except that Level 1 and Level 2 Incidents must be raised both via telephone and email to the SMSGlobal Operations Team.
- B. Before contacting SMSGlobal customer support, the Customer must ensure that the Incident has not arisen due to the Customer’s own acts or omissions or as a result of any of the matters referred to in sections 2.2 or 2.3 (eg faulty routing of SMS by Customer, third party hardware or software faults, internet or network routing problems etc).
- C. The Customer must use Delivery Notification (DLR) (when available) to obtain information of delivery status per SMS. The Customer must use the real-time DLR provided by SMSGlobal via the agreed interface (SMPP, HTTP). Additionally, an online tool (MXT) is provided via the SMSGlobal Website. MXT’s tracking of data on the Website will be stored for approximately 12 months.
- D. Incident reports which are not submitted in the required form and/or omit required information (refer to paragraph A above) may be processed as Level 3 Incidents (see below).
- E. To avoid double registration at SMSGlobal customer support, Incident reports that are given in the first instance by telephone must be promptly confirmed by email to support@smsglobal.com (or to the email address as otherwise notified to SMSGlobal) with reference made to the telephone call.
- F. Prior to any requests for support, the Customer must perform Incident analysis in its own environment (in accordance with paragraph B above). If SMSGlobal 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) SMSGlobal may invoice the Customer for the provision of that support at SMSGlobal’s then-current time and materials rates.

5. SMSGlobal’s Obligations

SMSGlobal will:

A. use reasonable efforts to acknowledge and resolve Incidents in accordance with the timeframes set out in this section 5;
B. use reasonable efforts to promptly inform the Customer (by email) if the Service experiences any Downtime;
C. use the following notification scheme when reporting Service Downtime (including Planned Downtime):

Affected Service:	[SMS MT, SMS MO, MMS, Number Lookup etc]
Interface:	[SMPP, HTTP, DNS, etc]
Destinations Network:	[Company Name]
Description of Problem:	[short description of the problem]
Reason for problem:	[e.g. maintenance on Company Name]
Responsibility:	[e.g. outside of SMSGlobal sphere of control]
Start time of fault in AEST:	[16:00]
Other important information:	[….]

SMSGlobal will inform the Customer when an Incident has been resolved.

SMSGlobal will use its 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 or telephone, whichever occurs first):

Action	Level 1 incident	Level 2 incident	Level 3 incident
Acknowledgment of Incident by SMSGlobal (by email)	30 minutes	1.5 hours	8 Business Hours
Workaround or temporary solution effected	4 hours for 80% of Incidents 8 hours for 100% of Incidents	8 hours for 50% of Incidents 24 hours for 80% of Incidents 4 days for 100% of Incidents	Not applicable
Permanent solution effected	48 hours for 80% of Incidents 5 days for 100% of Incidents	10 days for 100% of Incidents	100% in next generally applied software update

For the purposes of this schedule:

A. Level 1 Incident means a significant error or failure in the operation of SMSGlobal’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 SMSGlobal Systems to submit or receive Messages);
B. Level 2 Incident means a significant error or failure in the operation of SMSGlobal’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 SMSGlobal Systems are online but the connection is unstable);
C. Level 3 Incident is an error or failure in the operation of SMSGlobal’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).

Implementation Phase

We work with clients on a case by case basis depending on implementation needs we offer a range of options from Dedicated Implementation specialists to adhoc technical assistants.