DNA Communications, Inc.
SLA – Service Level Agreement
This Service Level Agreement (SLA) is for paying customers that include this SLA as part of the agreement between your company (You or Your) and Digital Network Access Communications, Inc. (DNA, We or Us). Our SLA is below, however if you require a custom agreement please contact DNA.
This SLA defines the levels of service You can expect from Us. The Digital Network Access Communications, Inc (dba, DNA Communications, Inc). Terms and Conditions, which are attached to and incorporated in this Agreement, state the obligations and responsibilities of You and DNA in this business relationship.
We will allocate to You a telephone number which has a local presence number or take over responsibility for a telephone number which has been ported from another telecommunications operator through which DNA will deliver calls to You. Where We agree to take over a ported telephone number(s), this telephone number will be ported to us in accordance with DNA’S policy on number portability and our contractual arrangements with the other operator. The availability of such a number shall be subject to that Agreement.
Incoming calls to the local presence numbers allocated to the Service will be delivered to those numbers nominated by and agreed with You at the charges identified in this Contract.
We will use our best efforts to provide the Services 24 hours a day throughout the year. However, DNA’s Service Availability obligation will be achieved if the Services are available for not less than 99.5% of each calendar year, commencing on the Service Start Date and each anniversary of that date.
Failure to meet the above Service Availability obligation will entitle You to claim service credits as detailed in Section 6.
Planned Outages notified to You at least 3 Working Days in advance shall not be deemed occurrences of unavailability for the purposes of this Service Standard and shall not be included when calculating Service Availability.
Outages that are deemed by Us (acting reasonably and with evidence) to be the direct result of Customer Responsible Incidents shall not be included when calculating Service Availability.
The following process outlines Our incidents procedure:
Where We become aware of an incident affecting the Service, We shall act promptly to log the incident with the Service Desk and the Service Operation Team and to issue an IRN. However, You acknowledge that We do not have an obligation to pro-actively monitor the Service.
Escalation procedures can be invoked in the following situations:
Either DNA or You may at any time during the incident request immediate escalation. Escalation may be via the appropriate Service Desk contact or on a direct peer to peer level. All requests shall clearly state the reason for escalation and any subsequent actions will be recorded on DNA’s systems. We will respond to all such requests within 30 minutes of the request being made.
In the event of a major incident, as defined below, an action plan will be developed to resolve the incident. This action plan will be developed, agreed and communicated by both of DNA and You via a conference call or meeting. At the time a situation is classified or re-classified as a major incident, DNA and You will both nominate a “major incident manager” who will become the prime point of contact for all communications between us regarding that incident.
For these purposes, a “major incident” shall be any failure in the Services that causes either a complete or commercially significant loss of service to your customer base.
DNA’S problem resolution and rectification obligations are set out in the following table.
The Time to Resolve (TTR) obligations for the Services are shown in Table 2:
|Time to Resolve||Service Category 1||Service Category 2|
|Service Affecting Incidents||4 Hours||5 Hours|
|Non-S Non-Service Affecting Incidents||48 Hours||48 Hours|
The above times are time to identify & respond with ETA on service restore. Failure to meet the TTR obligation for Service Affecting Incidents shall entitle You to claim service credits as detailed in Section 6 of this Service Standard.
The TTR period shall begin once you notify the Service Desk, it is logged by the Service Operations Team and an Incident Reference Number (IRN) is allocated. We shall act promptly to log any incident you report to the Service Operations Team and to allocate an IRN. Where We become aware of an incident, the TTR period shall begin once We have logged the incident with the Service Desk and the Service Operations Team and an IRN is allocated.
The TTR period shall end once notice has been given to You by the Service Desk that the incident has been resolved. We will record the duration of the TTR period in order to assess compliance with our obligations under Section 5.
Incidents originating on-Site based equipment will be responded to within 4hrs, meaning the length of time from the issue of the IRN to a customer service engineer responding either through remotely accessing the Equipment or attending Site.
We will contact You with a progress report within thirty (30) minutes of receiving Your call and We will subsequently update you with a report on our progress in resolving the incident at such frequency as We shall agree with You, not less than once every hour. We will continue to provide You with these updates at these intervals until the incident has been resolved, unless an alternative update schedule is agreed, or unless the process is put on hold because, for example:
You may request additional updates at any time, by contacting the Service Desk and quoting the IRN.
Planned outages may occasionally be necessary for Us to carry out essential maintenance or upgrades to the Telecoms Cloud Limited Network, these will be kept to a minimum. Except in an emergency or when circumstances are beyond DNA’S control You will receive at least three (3) Working Days’ notice of any Planned Outages which will affect the Service Availability. We will use all reasonable endeavors to minimize any disruption of the Service. Arrangements depend on the nature of the Planned Outage and are as follows:
All Our maintenance operations are controlled by internal procedures. All notifications will be transmitted by fax and e-mail to You.
You can contact the Service Desk to request an alternative time for the Planned Outage, which We will use all reasonable endeavors to implement. We will provide notice of Planned Outages to the contact(s) You designate. If You wish to change your named contact, please contact the Service Desk and ask for your contact details to be amended.
Planned Outages of which DNA has notified You with at least three (3) Working Days’ notice shall not be included in TTR or Service Availability measurements subject to a maximum of two (2) Planned Outages in any contract year (a contract year being each successive period of twelve (12) months commencing on the Service Start Date or any anniversary of the Service Start Date). Any Planned Outages in excess of the limit of 2 Planned Outages per contract year referred to above shall be included in Service Availability measurements but shall not be included in TTR measurements. For the avoidance of doubt, any Planned Outages where We give You less than three (3) Working Days’ notice shall be included in Service Availability measurements but shall not be included in TTR measurements.
We will contact You as soon as possible and not more than fifteen (15) minutes after notification from our engineering staff that Service has been restored. In the event You contact us to report that the incident has disappeared or been traced to a non-DNA Communications Network, We will cancel processes in action.
When You report a problem to the Service Desk, the estimated targets for Us are:
If the problem cannot be traced to Our Services, infrastructure, Network or Equipment, and appears after reasonable investigation to be a problem with resources or equipment for which We are not responsible, then We will provide You with a report of tests that have been carried out and an explanation of how the problem was traced. This report will be supplied in writing to You if requested.
If You do not understand either the invoice or DNA’s invoicing system, please contact DNA’S billing team between 9:00am to 5:00pm central standard time, Monday to Friday, except public holidays.
Where We fail to comply with this Service Standard, We shall compensate You with service credits in accordance with the calculations set out in the following tables.
In the event that We fail to meet the Service Availability, You shall have the right to service credits as detailed in Table 3.
|Service Availability||Service Category 1||Service Category 2|
|99.949% – 99.85%||10% of average monthly Bill1||5% of average monthly Bill1|
|99.849% – 99.75%||13% of average monthly Bill1||5% of average monthly Bill1|
|99.749% – 99.65%||15% of average monthly Bill1||7.5% of average monthly Bill1|
|99.649% – 99.50%||17.5% of average monthly Bill1||7.5% of average monthly Bill1|
|Less than 99.50%||20.0% of average monthly Bill1||10.0% of average monthly Bill1|
1Average monthly Bills are based on the Bill invoices over the previous Service Measurement Period or the number of months from Service Start Date for the affected Services.
In the event that we fail to meet the TTR for Service Affecting Incidents, You have the right to service credits as detailed in Table 3.
|Hours Past TTR||Service Category 1||Service Category 2|
|0 – 3||5% of average monthly Bill3||2.5% of average monthly Bill3|
|3 – 6||7.5% of average monthly Bill3||3.5% of average monthly Bill3|
|6+||10% of average monthly Bill3||5% of average monthly Bill3|
3Average monthly Bills are based on the Bill invoices over the previous Service Measurement Period or the number of months from Service Start Date for the affected Services.
If requested, we will provide You with a monthly service delivery report within 72 hours which;
We will then arrange for any service credits due to You to be credited to You as described in section 6.5, below.
Any service credits due under Section 6.1 will be given during the month after the end of the relevant Service Measurement Period. Any service credits due under Section 6.2 will be given during the month after the month in which the relevant Service Affecting Incident occurred.
The issue of a service credit applied to your billing account will settle all valid claims for service credits. This can be used to offset Charges on future bills. If at any time an account enters into credit, You may request payment by BACS to reduce the account balance to zero. When the balance on the account is in debit, a BACS payment cannot be requested.
In the event that a Service Affecting Incident or Non-Service Affecting Incident is identified and proven as being directly attributable to Customer Equipment, the Site, Your power supplies, or Your actions or those of Your employees or agents, the incident shall be deemed your responsibility. Any such availability shall not be included in Service Availability calculation and accordingly, does not qualify for service credits.
The unique number issued when logging an incident with Us.
The protocol that enables the data to be split into packets and sent from one computer to another, perhaps via different routes (packet switching).
An incident or condition which is not a Service Affecting Incident.
All necessary equipment maintenance or upgrades to DNA’s Network will, wherever possible, be planned to avoid any interruption to the Service. Where We provide diverse circuits, We will not carry out planned maintenance on both routes at the same time, unless You have agreed in writing. In general, planned work would be scheduled at low traffic periods to minimize any disruption.
Any failure of DNA’S transmission or terminating equipment which causes a material loss of signals in one or both transmission directions. In all such cases the Service shall be deemed unavailable and the length of downtime recorded by us from the point We allocate an IRN, as described in section IV. Examples: no incoming calls; no outgoing calls; noise on every call; post dial delay on every call; echo on every call.
For the avoidance of doubt, the following shall not constitute Service Affecting Incidents: intermittent noisy calls (normal conversation degraded), intermittent echo or inability to connect to one destination where others are connectable.
The time for which DNA’S Service is usable, expressed as a percentage of the total time in a given Service Measurement Period. The Service shall be deemed available for the purposes of calculating Service Availability if the reason it is unavailable is outside of Our control, for example a Customer Responsible Incident, a Third Party Attributable Incident or a Planned Outage. The following formula will be used to calculate the service availability figure:
Availability % = M – zm x 100
M = number of minutes in a year
zm = number of minutes where service in unavailable
The resulting figure shall be shown to 2 decimal places having “rounded down” from any figure with a greater number of decimal places.
Service unavailability commences from the point we allocate an IRN, as described in section 5.5. It concludes when both parties agree that the incident has been cleared.
This is twelve months from the Service Start Date and each subsequent period of twelve months.
The length of time from the issue of the IRN to the restoration of the Service.
A Third Party Attributable Incident means a Service Affecting or Non-Service Affecting Incident that is identified as not being caused by DNA’s (or its contractors’, employees’ or agents’) negligent act or omission or DNA’s (or its contractors’, employees’ or agents’) failure or delay in carrying out any of DNA’s obligations under this Agreement. Any downtime caused by a Third Party Attributable Incident shall not be included in Service Availability Measurements. Such incidents do not qualify for service credits. We will try to rectify such Third Party Attributable Incidents as soon as reasonably practicable.
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