Terms and Conditions
This Service Level Agreement (SLA) outlines the terms and commitments regarding service expectations between CONNECT3 and the Customer.
GENERAL
CONNECT3 is committed to making reasonable efforts to uphold the overall quality of your network and system. The service quality provided will align with industry standards, government regulations, and sound business practices common to other carriers. The Service Level Agreement (SLA) does not cover call quality for events outside of CONNECT3's voice and data network or for systems and hardware supplied by the customer.
Changes to the S/D Agreement
The Service Level Agreement (SLA) may only be altered by CONNECT3 and is subject to change at any moment. Modifications become effective once they are published on the CONNECT3 website.
Description of the Service
CONNECT3's VoIP telephony solution relies on a platform with high availability, offering both cloud-based and on-premises services. This configuration allows for the deployment of solutions that can function independently or integrate with other services and systems as required. Depending on business needs, customers may have local equipment based on the contracted facilities. Additionally, redundant capabilities are available for an extra fee to enhance protection against service interruptions at a given location.
This Agreement covers 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 period of Connect3 service unavailability starts when Connect3 Support receives a support ticket, email, or phone call and concludes once the service is restored to operational status.
Contact
Customers have the option to submit a support ticket through the phone or email details available on the CONNECT3 website. Additionally, they can visit our support site at https://support.myconnect3.net.
Standard Support
Standard support encompasses non-urgent or non-critical updates via phone or email. It is accessible from Monday to Friday, 9:00 a.m. to 7:00 p.m. EST. Calls made outside these hours will be forwarded to a mobile phone, and attempts will be made to respond promptly, but no immediate action is promised until the next business day. Emails sent after hours will be received, but again, no immediate action is promised until the following business day.
CONNECT3 will initiate a response to service-related incidents and/or requests submitted by the Customer within the target response times specified 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 catastrophic issue is severely impacting customer usage of the CONNECT3 network, rendering it inoperable even at a basic level; the client's system is down or malfunctioning; this includes data loss and security breaches.
Medium: Issues with the CONNECT3 network may cause some disruptions in the client's operations, yet it is still possible to remain productive and sustain essential commercial activities.
Low: General purpose questions; configuration or changes to Customer's settings; requests and recommendations for future product improvements or modifications; Billing issues. There is no impact on the quality, performance or functionality of the CONNECT3 network.
The target response time refers to the duration within which CONNECT3 will initially reply to a customer support service request. It does not indicate the time by which an incident will be resolved. The initial response might consist of inquiries to clarify the incident or to gather details regarding its cause. CONNECT3 may be unable to start resolving the incident until the customer supplies the additional information requested.
When reporting an incident, the Customer is required to furnish CONNECT3 with a detailed and succinct account of the incident, encompassing all pertinent information and specifications of the relevant hardware and software. Should the Customer be incapable of supplying data or information that replicates the incident, CONNECT3 might be unable to rectify the issue. However, CONNECT3 will remain accessible to collaborate with the Customer and will endeavor to aid in formulating a test case that could potentially replicate the incident.
During incident analysis, CONNECT3 may pinpoint a potential workaround. A "solution" refers to an alternate way to utilize the CONNECT3 network that either prevents the incident or lessens its impact, without causing significant inconvenience or extra costs for the Customer, and without notably diminishing the network's functionality. Should such a solution be identified, the Customer is to implement it, and CONNECT3 reserves the right to adjust the priority or original time frame at its discretion.
On-site support is available solely as stipulated in the terms of the customer's sales agreement. Assistance for issues not attributable to or within the scope of CONNECT3's obligations may be offered at the current published rates.
Support During a System Outage
Assistance during a CONNECT3 system outage is available around the clock, every day of the year, with a guaranteed initial response within four hours of submitting a problem ticket. It is possible that phone support will be unavailable during an outage. Timeouts may extend beyond the normal duration during such outages. For updates on an outage, refer to the CONNECT3 website.
Managed Services
CONNECT3's services are exclusively for the hardware or software that the Customer has contracted. This encompasses the monitoring, maintenance, and repair of software and hardware provided by CONNECT3. However, it does not include the monitoring, maintenance, and repair of the Customer's own software and hardware unless such services are specifically contracted.
Cloud Services
Should a cloud server hosting a CLIENT PBX or SIP trunk fail, another on-premises server can usually reinstate the service within twenty minutes. In case of a total equipment failure at a placement facility, or if a critical service necessary for operation provided by the placement provider fails (rendering the service unavailable at the facility), the service is typically restored on an alternate system in a different geographic location within four hours.
Products and services provided by third-party vendors are often licensed individually by these suppliers. In the case of a system-wide failure that triggers a geo-failover, these products might not be accessible for use throughout the duration of the outage.
During a system outage that triggers a geo-failover, certain information, including voicemail and call recordings, may become inaccessible.
On Site Hardware
In the event of hardware failure at a customer's site, CONNECT3 will dispatch replacement equipment within ten business days. The defective hardware is subject to the manufacturer's warranty or the terms of the customer's contract. CONNECT3 does not store replacement hardware and reserves the right to replace it with different models or software, possibly from another manufacturer.
CONNECT3 offers on-site support for system failures when contracted separately by the Customer. Additionally, for equipment that is out-of-service or out-of-warranty, CONNECT3 provides on-site installation support at the current published rates.
Third Party Software and Services
Certain CONNECT3 services, including public switched network (PSTN) connections, are supplied by external providers. CONNECT3 is not liable for outages resulting from these third-party systems' failures. CONNECT3's role may be limited to reporting customer information as provided to the Seller.
CONNECT3 resells a range of software and services. In the event of a service issue with these products, CONNECT3 can only offer support when it becomes available from the third-party provider. CONNECT3's Standard S/O Agreement does not cover support for third-party hardware, software, or services.
Customer-Provided Infrastructure
The CONNECT3 service's performance may hinge on the infrastructure supplied by the Customer, including Internet connectivity, hardware, software, and facility wiring. CONNECT3 is not liable for, nor can it repair, disruptions stemming from the Customer's equipment or service failures. Additionally, CONNECT3 is not accountable for service disruptions caused by any network components outside of its control. The Customer bears full responsibility for maintaining, operating, and supporting their own equipment and any third-party products or services, such as the Internet connection. CONNECT3 may offer support services for the Customer's infrastructure at the prevailing rates, at its sole discretion.
Customer Support
The customer must provide the support from their staff that CONNECT3 considers reasonably necessary to address a system issue. CONNECT3 cannot resolve certain system problems without the customer's help and will not be held liable 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 are required to ensure CONNECT3 service personnel have rapid and secure access to the facilities and equipment.
Customer-Provided Equipment and Services
Third-party hardware and software, including servers, phones, and networking equipment, come with manufacturer warranties against defects. CONNECT3 is not liable for any defects that arise from the equipment or services supplied by the Customer.
Credits
For each client user impacted for over 30 minutes, a credit will be issued for disruptions in Connect3 hosted PBX voice service that affect incoming or outgoing calls due to network elements directly controlled by Connect3.
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 outlined below. CONNECT3 is not liable for service disruptions caused by the following:
- Planned network outages.
- Acts, omissions, and delays attributable to the Customer, as well as installation requirements extending beyond the Service Level Agreement (SLA) activation period, are considered.
- The behavior and operation of a customer's equipment, installations, or applications.
- Acts of God and any other circumstances beyond the reasonable control of CONNECT3.
- Inadequacy of the designated telephone service for an ADSL connection.
CONNECT3's service guarantee obligations are not applicable to:
- Failures of equipment, software, or networks are not covered under the contracted services or included as part of the CONNECT3 Service and Equipment.
- Damage from external causes may hinder the operation of CONNECT3 services or equipment.
- Issues stemming from customer actions or inactions.
- Issues concerning third-party computers not installed by CONNECT3.
- Issues arising from the removal of CONNECT3 equipment by individuals other than those authorized by CONNECT3.
Network unavailability is not inclusive of any downtime caused by:
- 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
Following a confirmed incident, CONNECT3 will issue credits over three billing cycles. No alternative remedies or compensation are offered. Credits are calculated using the customer's average usage rate, and the total amount will not surpass the average usage rate for that billing period. Only customers in good financial standing and who adhere to the CONNECT3 Terms of Service will be eligible for credits. Customers are required to fully cooperate with the CONNECT3 Support Team during any investigation; failure to do so will result in the denial of all credit claims and the nullification of any performance guarantees.
Resellers
Services acquired through a CONNECT3 reseller or agent fall under the sole responsibility of that reseller or agent. CONNECT3 may offer standard or emergency services at the prevailing rates listed on its website.
Network Maintenance
Scheduled network maintenance is the routine maintenance planned for the CONNECT3 voice and data network enhancement, including the servers that provide CONNECT3 services to customers. This maintenance may take place anytime during our designated window, from 12:00 a.m. to 7:00 a.m. EAST. Any system issues arising from scheduled network maintenance are not eligible for service credits outlined in this SLA.
Guarantees and Remedies
Except as explicitly stated in this SLA, all products, software, maintenance, and services are provided "as is" and, to the fullest extent allowed by law, Connect3 expressly disclaims any implied warranties. This includes, but is not limited to, any warranties of merchantability or fitness for a particular purpose, satisfactory quality, or any other implied warranties under the law of any jurisdiction where any software, hardware, materials, or services are supplied or provided under this agreement. No representation or warranty not explicitly included in this SLA shall be enforceable. Furthermore, Connect3 does not guarantee that any software, hardware, materials, or services provided under this agreement will operate without interruption or be error-free.
The credit allocations and non-financial compensations outlined in this Service Level Agreement (SLA) constitute the Customer's only remedy for any service interruption in the hosted PBX Voice Services, as well as for any interruption, unavailability, delay, or other deterioration of the Services, or for any failure of CONNECT3 to fulfill the objectives of the Services.
Any representation or written warranty not explicitly included in this Agreement remains undefined.
This Agreement will be governed by and interpreted according to the laws of the Commonwealth of Puerto Rico, without regard to conflict of law principles or the United Nations Convention on Contracts for the International Sale of Goods. Any disputes arising from this Agreement will be resolved solely in the state or federal courts situated in Mayaguez, Puerto Rico.
