This Nigeria Bulk SMS Service Level Agreement (“SLA”) governs the use of the Nigeria Bulk SMS Services under the terms of the Nigeria Bulk SMS General Terms and Conditions (the “GT&C”) between Nigeria Bulk SMS (“Nigeria Bulk SMS”, “us” or “we”) and users of the Nigeria Bulk SMS Services (“you” or “Customer”). This SLA applies separately to each account using our Services. Unless otherwise provided herein, this SLA is subject to the terms of the GT&C and capitalized terms will have the meaning specified in the GT&C. Nigeria Bulk SMS reserves the right to change the terms of this SLA in accordance with the GT&C.
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- Service Commitment
Nigeria Bulk SMS will use commercially reasonable efforts to make our Services available 99.99% of the time. In the event Customer experiences that Nigeria Bulk SMS will not meet the 99.99% Services availability in a given calendar month (“Monthly Uptime Percentage”), you will be eligible to receive a Service Credit as described below.
- Definitions
The following capitalized terms shall be given the meaning set forth below:
2.1 “Nigeria Bulk SMS Services” is the combination of all single products and services (as defined in 2.2) Nigeria Bulk SMS possibly offers to the Customer.
2.2 “Nigeria Bulk SMS Single Service” means:
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- Nigeria Bulk SMS Voice API
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- Nigeria Bulk SMS Dashboard
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- Nigeria Bulk SMS SMPP Platform (Short Message Peer-to-Peer)
2.3 “Unavailable Time” means one or more of the Nigeria Bulk SMS Services are not available for use according to third party performance and monitoring services contracted by Nigeria Bulk SMS at its sole discretion (the “Monitoring Service”). The Monitoring Service reports of availability are currently available at status.Portal.nigeriabulksms.com; provided that service issues or outages relating to any Exclusions (defined below) shall not be deemed as Unavailable Time. Unavailable Time is calculated per Single Service as defined in 2.2 and not a combined total or average.
2.3 “Monthly Uptime Percentage” is calculated by subtracting from 100% the percentage of continuous 5 minute periods during the Service Month in which a Nigeria Bulk SMS Single Service was in a state of “Unavailable Time” as identified by Monitoring Service.
2.4 “Service Credit” is a credit that Nigeria Bulk SMS, at its sole discretion and after confirming the nature and accuracy of the Unavailable Time, may credit back to an eligible Customer account, calculated as set forth below:
For a calendar month where the Monthly Uptime Percentage of a Nigeria Bulk SMS Single Service does not meet the Monthly Uptime Percentage, Nigeria Bulk SMS will credit Customer’s account a percentage of that month’s billings specific to Service not meeting the Monthly Uptime Percentage, as defined by this table:
NIGERIA BULK SMS SERVICE MONTHLY UPTIME PERCENTAGE SERVICE CREDIT
< 99.99% 10%
Service Credit shall be issued to Nigeria Bulk SMS Customer’s balance for future use of the Single Service only. No refunds or cash value will be provided. Service Credits may not be transferred or applied to any other account or Single Service.
- Credit Request and Payment Procedures
To apply for a Service Credit, the Customer must submit a ticket via our website within 30 days of the month in which the Unavailable Time occurred. The ticket must include (i) “SLA Claim” as the subject of the ticket; (ii) the dates and times of the Unavailable Time for which you are requesting credit; and (iii) any applicable information that documents the claimed outage. Failure to comply with this requirement will forfeit Customer’s right to receive a Service Credit. Service Credits will be applied within 60 days after the Service Credit was requested.
- Exclusions
Notwithstanding anything to the contrary, no Unavailable Time shall be deemed to have occurred with respect to any unavailability, suspension or termination of the Nigeria Bulk SMS Services, or any other Nigeria Bulk SMS Services performance issues, that:
4.1 are caused by factors outside of Nigeria Bulk SMS’s reasonable control, including, without limitation, any Force Majeure event, carrier/operator related problems or issues, Government regulations, i.e Do Not Disturb, failure due to recipient number unavailability or related problems, or Internet access beyond the demarcation point of Nigeria Bulk SMS or its direct hosting subcontractors (i.e beyond the point in the network where Nigeria Bulk SMS maintains access and control over the Nigeria Bulk SMS Services);
4.2 result from any actions or inactions of Customer or any third party (other than Nigeria Bulk SMS’s direct hosting subcontractor);
4.3 result from Applications, equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within Nigeria Bulk SMS’s direct control); or
4.4 arise from Nigeria Bulk SMS’s suspension and termination of Customer’s right to use the Nigeria Bulk SMS Services in accordance with our Terms and Condition, scheduled maintenance; or problems or issues related to alpha, beta or not otherwise generally available Nigeria Bulk SMS features or products (collectively, the “Exclusions”).
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- Sole Remedy
Service Credits shall be your sole and exclusive remedy for any unavailability or non-performance of the Nigeria Bulk SMS Services or other failure by us to provide the Services.
Nigeria Bulk SMS is the Mobile marketing division of Interbound Media Managers Ltd.
