TERMS AND CONDITIONS
This Service Level Agreement (SLA) details the terms and obligations pertaining to service standards agreed upon by CONNECT3 and the Customer.
GENERAL
CONNECT3 is dedicated to making reasonable efforts to maintain the overall quality of your network and system. The service quality offered will be in line with industry standards, government regulations, and sound business practices, similar to those of other carriers. The Service Level Agreement (SLA) does not encompass call quality for events beyond CONNECT3's voice and data network or for systems and hardware provided by the customer.
Changes to the S/D Agreement
The Service Level Agreement (SLA) can only be modified by CONNECT3 and may change at any time. Changes take effect immediately upon posting on the CONNECT3 website.
Description of the Service
CONNECT3's VoIP telephony solution is constructed on a platform with high availability, offering both cloud-based and on-premises configurations. This versatility allows for the implementation of solutions that function independently or in synergy with other services and systems as required. Clients have the option to select local equipment customized to their business needs and the details of their contracted premises. To enhance protection against service interruptions at any given location, additional redundant features are available for an extra fee.
This Agreement encompasses the following services:
- Live phone support
- Monitored email support
- Remote assistance is available through Remote Desktop and a virtual private network, wherever possible.
- Planned or emergency on-site assistance is available (additional charges may apply).
Service Availability Guarantee
The Connect3 service downtime begins when Connect3 Support is notified via a support ticket, email, or phone call and ends when the service is returned to operational status.
Contact
Customers can submit a support ticket via the phone or email details provided on the CONNECT3 website. They also have the option to visit our support site at https://support.myconnect3.net.
Standard Support
Standard support includes non-urgent or non-critical updates through phone or email, available Monday to Friday from 9:00 a.m. to 7:00 p.m. EST. Calls received outside these hours are forwarded to a mobile phone, with efforts made to respond quickly; however, immediate action is not guaranteed until the next business day. Emails received after hours are acknowledged, but immediate action is not guaranteed until the next business day.
CONNECT3 will begin addressing service-related incidents and/or requests submitted by the Customer within the specified target response times below:
- Matters classified as High should be addressed within eight (8) business hours.
- Matters classified as Medium will be addressed within two (2) business days.
- Matters classified as Low will be addressed within five (5) business days.
- "Business Day" refers to the standard working days in the U.S., excluding U.S. public holidays.
- "Business Hours" are defined as the period from 9:00 a.m. to 7:00 p.m. Eastern Standard Time, from Monday to Friday, excluding holidays.
Severity Level (Priority)
High: A severe issue is drastically affecting customer access to the CONNECT3 network, causing complete operational failure at even a fundamental level; the client's system is either down or experiencing malfunctions, leading to data loss and security breaches.
Medium: Difficulties with the CONNECT3 network might lead to interruptions in client operations, but it remains feasible to stay productive and uphold vital business functions.
Low: General inquiries; adjustments or modifications to customer settings; suggestions and recommendations for future product enhancements or alterations; billing concerns. There is no impact on the quality, performance, or functionality of the CONNECT3 network.
The target response time is the period within which CONNECT3 aims to provide an initial reply to a customer support service request. This does not reflect the time it will take to resolve the issue. The first response may include questions to clarify the incident or requests for more information about its cause. CONNECT3 might not begin resolving the issue until the customer provides the necessary additional details.
When reporting an incident, customers must provide CONNECT3 with a detailed yet concise description of the issue, including all relevant details and specifications of the affected hardware and software. If the customer is unable to provide data or information that reproduces the incident, CONNECT3 may not be able to resolve the problem. Nevertheless, CONNECT3 will continue to be available to work with the customer and will strive to help develop a test case that may replicate the incident.
In the course of incident analysis, CONNECT3 might identify a potential workaround. This "solution" is an alternative method of using the CONNECT3 network that either averts the incident or mitigates its effects, without significantly inconveniencing the Customer or incurring substantial costs, and without substantially reducing the network's functionality. If such a solution is found, the Customer should implement it, and CONNECT3 retains the authority to modify the priority or the initially established timeframe as it sees fit.
On-site support is provided exclusively as outlined in the customer's sales agreement terms. Assistance for issues not related to or beyond the scope of CONNECT3's responsibilities may be available at the prevailing published rates.
Support During a System Outage
Support during a CONNECT3 system outage is provided 24/7, throughout the year, ensuring an initial response time within four hours after a problem ticket is filed. Phone support may not be accessible during an outage, and timeouts could exceed their usual length. For the latest information on an outage, please visit the CONNECT3 website.
Managed Services
CONNECT3's services are strictly limited to the hardware or software that the customer has agreed upon. This includes the monitoring, maintenance, and repair of software and hardware supplied by CONNECT3. However, it excludes the monitoring, maintenance, and repair of the customer's personal software and hardware unless these services are explicitly agreed upon.
Cloud Services
If a cloud server hosting a CLIENT PBX or SIP trunk fails, another on-premises server can generally restore the service within twenty minutes. In the event of a complete equipment failure at a hosting facility, or if a critical service essential for operation provided by the host fails (making the service unavailable at the facility), the service is usually reinstated on an alternative system in a different geographic location within four hours.
Products and services from third-party vendors are typically licensed on an individual basis by the suppliers. In the event of a system-wide failure that initiates a geo-failover, these products may not be available for use during the outage period.
In the event of a system outage that initiates a geo-failover, specific data such as voicemail and call recordings might be temporarily unavailable.
On Site Hardware
Should a hardware failure occur at a customer's location, CONNECT3 will send out replacement equipment within ten business days. The faulty hardware will be covered by the manufacturer's warranty or the customer's contractual terms. CONNECT3 does not keep replacement hardware in stock and retains the right to substitute it with different models or software, which may be from a different manufacturer.
CONNECT3 provides on-site support for system failures when it is separately contracted by the customer. Furthermore, CONNECT3 offers on-site installation support for equipment that is out-of-service or out-of-warranty at the currently published rates.
Third Party Software and Services
Some CONNECT3 services, such as public switched network (PSTN) connections, are provided by external suppliers. CONNECT3 is not responsible for any outages caused by the failure of these third-party systems. The role of CONNECT3 may be confined to conveying customer information as given to the Seller.
CONNECT3 offers a variety of software and services for resale. Should there be any service issues with these products, CONNECT3 can provide support only when it is made available by the third-party provider. The Standard S/O Agreement of CONNECT3 excludes support for third-party hardware, software, or services.
Customer-Provided Infrastructure
The performance of the CONNECT3 service is dependent on the infrastructure provided by the Customer, which includes Internet connectivity, hardware, software, and facility wiring. CONNECT3 is not responsible for, nor can it rectify, interruptions due to the Customer's equipment or service outages. Furthermore, CONNECT3 is not liable for any service interruptions caused by network components beyond its control. The Customer is solely responsible for the upkeep, operation, and support of their equipment and any third-party products or services, including the Internet connection. At its discretion, CONNECT3 may offer support services for the Customer's infrastructure at the current rates.
Customer Support
The customer is required to furnish the support from their staff deemed reasonably necessary by CONNECT3 to address a system issue. CONNECT3 is unable to resolve certain system problems without the assistance of the customer and shall not be held responsible for any breach of this agreement.
The customer is responsible for:
- Exceptional "Triage" for User and Service Incidents.
- Basic replacement and configuration of defective desktop phone units and similar computers.
- Basic replacement and configuration of hardware, such as a PBX, router, switch, bridge, or gateway, are essential tasks.
- Support and maintenance for telephone accessories.
- Coordinating the resolution of incidents within customer-owned data network services that impact system-to-WAN connectivity.
- Exceptional user support is available for operating desktop phone functions and functional apps, including explanations of button layouts and basic operation instructions.
Utility
Customers must ensure that CONNECT3 service personnel are provided with quick and secure access to the facilities and equipment.
Customer-Provided Equipment and Services
Third-party hardware and software, such as servers, phones, and networking equipment, are covered by manufacturer warranties for defects. CONNECT3 is not responsible for any defects that may occur in the equipment or services provided by the Customer.
Credits
A credit will be provided for each client user affected for more than 30 minutes by disruptions in the Connect3 hosted PBX voice service, which impact incoming or outgoing calls and are due to network elements under Connect3's direct control.
- Credit for Total Service Unavailability Time:
- 1.5 days / 30 - 59 minutes
- 3 days / 60 minutes to 23 hours + 59 minutes
- 7 days / 24 hours +
Exclusions
Credit balances will not be issued in the scenarios listed below. CONNECT3 is not liable for service interruptions caused by the following:
- Planned network outages.
- Acts, omissions, and delays that can be attributed to the customer, along with installation requirements that extend beyond the Service Level Agreement (SLA) activation period, are taken into account.
- The behavior and operation of customer equipment, installations, or applications.
- Acts of God and any other circumstances beyond the reasonable control of CONNECT3 are recognized as force majeure events that may exempt parties from fulfilling contractual obligations.
- The inadequacy of the designated telephone service for an ADSL connection.
CONNECT3's service guarantee obligations do not apply to:
- Failures of equipment, software, or networks do not fall under the scope of contracted services and are not included in the CONNECT3 Service and Equipment package.
- External factors can impair the functionality of CONNECT3 services and equipment.
- Problems arising from customer actions or inactions.
- Concerns regarding third-party computers not installed by CONNECT3.
- Problems stem from the unauthorized removal of CONNECT3 equipment by individuals not sanctioned by CONNECT3.
Network unavailability does not include downtime resulting from:
- Planned network outages.
- Customer acts or omissions.
- Acts of God and any other circumstances beyond the reasonable control of CONNECT3.
- Faults Associated with Customer Equipment or Software.
- Damage resulting from external causes, such as vandalism or theft, can have significant impacts.
- Power outage at the customer's location.
- Customer Premises Equipment (CPE) or other hardware failures.
- Equipment, systems, connections, or services not provided by CONNECT3, including service interruptions by the customer's Internet service provider, are not the responsibility of CONNECT3 in case of failure.
- Issues arising from circumstances or causes beyond CONNECT3's reasonable control.
- Issues may occur during any period when CONNECT3 lacks complete and unrestricted access to the Customer's facilities and equipment to investigate and resolve service interruptions.
- Issues arising from the actions or inactions of the Customer, their employees, contractors, agents, or users.
- A customer's breach of the CONNECT3 Terms of Service, including but not limited to the payment terms, is the issue at hand.
- Local computer problems that adversely impact CONNECT3 voice services.
- Equipment, systems, connections, or services failing that are not provided or controlled by CONNECT3.
- Force majeure events.
- Circumstances or causes that are beyond CONNECT3's reasonable control.
- Issues that occur when CONNECT3 lacks complete and unrestricted access to all necessary equipment to resolve a situation.
- If the client fails to grant CONNECT3 remote and/or on-site access to the CPE upon request, including router login credentials and passwords.
- Customers utilizing CONNECT3's Service in an unauthorized or illegal manner.
- Inadequate or unapproved local network configurations can impact the CONNECT3 voice service.
Credit Balance and Payment Process
After a verified incident, CONNECT3 will distribute credits across three billing cycles. No other forms of remedy or compensation will be provided. The credits will be based on the customer's average usage rate, ensuring the total does not exceed the average usage for the respective billing period. Credits will only be available to customers who are in good financial standing and comply with the CONNECT3 Terms of Service. Customers must also fully cooperate with the CONNECT3 Support Team during investigations; non-cooperation will lead to the forfeiture of all credit claims and void any performance guarantees.
Resellers
Services procured via a CONNECT3 reseller or agent are exclusively the responsibility of that reseller or agent. CONNECT3 may provide standard or emergency services at the current rates specified on its website.
Network Maintenance
Scheduled network maintenance refers to the systematic upkeep planned for the CONNECT3 voice and data network enhancement, which encompasses the servers delivering CONNECT3 services to clients. This maintenance is slated to occur during the predetermined window, from 12:00 a.m. to 7:00 a.m. EAST. System issues resulting from scheduled network maintenance do not qualify for service credits as specified in this SLA.
Guarantees and Remedies
Except as specifically stated in this SLA, all products, software, maintenance, and services are provided "as is." To the maximum extent permitted by law, Connect3 explicitly disclaims any warranties implied by law. This includes, but is not limited to, warranties of merchantability, fitness for a particular purpose, or satisfactory quality. No implied warranties shall apply to any software, hardware, materials, or services supplied under this agreement in any jurisdiction. No representation or warranty not expressly stated in this SLA will be binding. Moreover, Connect3 does not warrant that the software, hardware, materials, or services provided will be uninterrupted or error-free.
The credit allocations and non-financial compensations detailed in this Service Level Agreement (SLA) represent the sole remedy for the Customer in the event of any service interruption of the hosted PBX Voice Services. This also applies to any interruption, unavailability, delay, or other degradation of the Services, or any failure on the part of CONNECT3 to meet the Service objectives.
Any representation or written warranty not expressly stated in this Agreement is considered undefined.
This Agreement is to be governed by and interpreted following the laws of the Commonwealth of Puerto Rico, disregarding any conflict of law principles or the United Nations Convention on Contracts for the International Sale of Goods. Any disputes stemming from this Agreement are to be resolved solely in the state or federal courts situated in San Juan, Puerto Rico.