Service Level Agreement

1. Service Levels

Nevis Systems will use reasonable endeavours to meet the following service level:

AVAILABILITY TARGET:

Availability of 99.9% in each Month.

2. SLA Exceptions

Nevis Systems shall not be responsible for any failure to comply with any part of the SLA to the extent such failure results from one or more SLA Exceptions.

3. Measurement

Tracking of performance against the SLA shall be undertaken by Nevis Systems using its internal measuring tools and processes.

4. Definitions

• “Available” means that the Platform is available for the transmission and reception of Messages. “Availability” shall be construed accordingly.
• “Message” means any mobile originated and/or mobile terminated SMS.
• “Month” means a calendar month.
• “Platform” means the messaging platform used by Nevis Systems to provide the Services.
• “SLA Exceptions” means any failure to meet a service level as a result (either wholly or in part) of: (a) maintenance; (b) acts or omissions of Service Providers; (c) force majeure conditions referred to in the Terms of Service; (d) suspension of the Services in accordance with the TOS; (e) Customer caused issues including (but not limited to): (i) any failure to provide information requested by Nevis Systems; (ii) any failure to interface to the Platform in accordance with Nevis Systems’s instructions; or (iii) the throughput which Nevis Systems has agreed to provide under the Agreement being exceeded).
• “SMS” is an acronym for short messaging services. An SMS means an alpha-numeric message of no longer than 160 characters.
• “Resolution” means that Nevis Systems has determined that a Service Issue has been fixed, resolved or worked around.
• “Response Time” means that Nevis Systems has provided an acknowledgement to the Customer that the Service Issue has been logged (by email or telephone).
• “Service Issue” means the Platform and/or Services are not able to be accessed or used substantially in accordance with your Agreement with Nevis Systems.
• “Support Exceptions” means any failure to meet a service level as a result (either wholly or in part) of: (a) maintenance; (b) acts or omissions of Service Providers; (c) force majeure conditions referred to in the TOS; (d) suspension of the Services in accordance with the TOS; (e) Customer caused issues including (but not limited to): (i) any failure to provide information requested by Nevis Systems; (ii) any failure to interface to the Platform in accordance with Nevis Systems’s instructions; or (iii) the throughput which Nevis Systems has agreed to provide under the Agreement being exceeded).
• “Working Hours” for customers in the Americas means 9am until 5.30pm Eastern Time (Monday to Friday, excluding bank or public holidays), for customers in EMEA means 9am until 5.30pm GMT/BST (Monday to Friday, excluding bank or public holidays) and for customers in APAC means 9am to 5.00pm SGT (Monday to Friday, excluding bank or public holidays).

5. Support Agreement

5.1 How do I report Service Issues to Nevis Systems?

Customers should report all Service Issues to Nevis Systems Customer Support, using one the following methods:

• Email (primary method): support@world-text.com

5.4. Does Nevis Systems conduct maintenance?

Nevis Systems will use reasonable endeavours to perform planned maintenance between the hours of 21:00 to 07:00AM GMT/BST.

In the case of unplanned maintenance, Nevis Systems will use reasonable efforts to provide 24 hours email notice if practical.