Service Level Agreement for Talk Services

SCOPE

This agreement sets out the service levels that apply when a customer subscribes to Kalaam Telecom's 'Talk' services - TalkFixed, TalkMobile, Talk800 and TalkSIP.

1.     Kalaam provides a definite response time in respect of service and support enquiries subject to the terms of this agreement.

2.     Kalaam provides a definite resolution time in respect of service affecting faults originating from the Kalaam supplied service and the Kalaam network.

3.     This agreement only applies to faults found with the Kalaam network, including core and edge networking components and interlinks owned and operated by Kalaam. The agreement does not apply to any equipment connected to the circuit or Kalaam network that is not managed by Kalaam - like routers, switches, PBX systems, telephone adapters, etc.

SERVICE PERFORMANCE

4.     Kalaam commits to a ONE 'Support Working Hour' response time in respect of all technical support enquiries relating to the service. Responses may be by telephone or email.

5.     Kalaam commits to a TWO 'Support Working Hour' fault resolution time in respect of all destination specific faults found to have originated with the supplied service within the Kalaam network, provided the fault has not originated in a non Kalaam controlled route.

6.     Kalaam commits to a SIX 'Support Working Hour' fault resolution time in respect of all non-destination specific faults found to have originated with the supplied service within the Kalaam network, provided the fault has not originated in a non Kalaam controlled route.

NETWORK AVAILABILITY

7.     The service is guaranteed to be available and capable of passing customer's voice traffic successfully 99.95% of the time, averaged over a calendar month. The Network Availability guarantee does not include the outages found to be caused by CPE (router or switch) or Local Area Network (LAN), PBX systems or special mobiles and handsets owned and operated by the Customer, scheduled maintenance events, Customer-caused outages or disruptions, interconnections to or from and connectivity within other international or national networks, and force majeure events.

8.     Service Unavailability means an interruption in the ability to make and receive calls at the customers' end for a period of time longer than 2 consecutive calls or the inability to perceive clear conversation on the connected calls for a period greater than 5 seconds. Total time is measured in minutes.

CHRONIC SERVICE OUTAGES

9.     If Customer receives a credit under the Restore Time SLA three times in a 30-day period, Kalaam will have a 15-day repair period after the third incident to remedy the chronic problem. If there are any additional failures within a 15-day observation period after the 15-day repair period then Customer may terminate or disconnect the impacted circuit without incurring early termination fees. Customer must file a claim for early termination in writing within 14 calendar days after the failure in the 15-day observation period.

SERVICE DEFINITIONS

10.  Support Working Hour is defined as any hour within the hours of 12.00am and 11.59pm every day.

11.  The fault timing clock begins upon the entry of a fault into Kalaam's systems and the subsequent issuing of a fault ticket number.

12.  Parked Time is defined by Kalaam being unable to progress the fault repair process without further contact with the customer, within a Support Working Hour. Parked time will be excluded from the total fault time. There are a number of events that will result in a fault being parked:

13.  Fault passed back for retest: Kalaam believes the fault to be resolved and require confirmation from the end user via a retest.

14.  Further diagnostics required: Kalaam requires further end user diagnostics in order to progress the fault. E.g. end user changing details to allow Kalaam to perform more in-depth fault analysis.

15.  Awaiting customer visit appointment: A visit to the end user's premises is required. Kalaam will send the first available engineer, unless advised not to do so by the customer. Where the customer is not available at the time of visit for this appointment, they should advise Kalaam as soon as possible, who will liaise internally to assign a more suitable time. The fault will be parked while the customer determines availability of the end user for an appointment.

16.  Appointment made outside of SLA time: Parked until the appointment time if the end-user has specifically requested an appointment time outside of the stated SLA period.

17.  No access to end user premises at appointment slot: Parked until a new appointment is made.

18.  Fault repaired: Parked while awaiting confirmation from the end-user that the fault has been resolved.

19.  Counted time will reflect the time for which Kalaam is wholly responsible.

20.  Resolution time is measured from the moment a fault ticket number is generated.

21.  A fault is closed, and the fault clock stopped, once the customer informs Kalaam that the fault is clear, or after a period of five working days, following the notification from Kalaam to the customer regarding resolution of the fault.

COMMUNICATION AND NOTIFICATION

22.  On purchasing the service, or on the raising of a fault ticket, the customer will nominate a contact, to whom any fault updates will be communicated to, and who will be responsible for providing all reasonable assistance to Kalaam throughout the diagnosis and resolution of faults. The contact shall provide all reasonable assistance in the form of reading indicators and performing basic diagnostic steps as requested by a Kalaam engineer.

23.  The customer should contact the Kalaam Customer Care by telephone on 16100100 as soon as a fault with the service is suspected, and also email support@kalaam-telecom.com with details of such a fault if necessary.

24.  The customer must be ready to supply all necessary data to evidence the presence of a fault and shall provide all reasonable assistance to the Kalaam engineer in determining the cause of the fault condition.

25.  When a fault originating from the wired or wireless line or Kalaam network is identified, the customer will be provided with a fault ticket number. This fault ticket number is important and the customer should make an independent record of it.

26.  Any claims or complaints in respect of this Service Level Agreement should be raised with the Kalaam Customer Care.

27.  The customer is required to be available at all times of the day which shall constitute the clock as running with regards to this agreement in order to investigate and resolve any fault. If the customer is not available, they should advise Kalaam as soon as possible.

28.  Escalations of the faults can be done through the respective account manager handing the customer account from Kalaam.

 

SERVICE CREDITS

29.  Where the response time to which this Service Level Agreement applies has been found to have exceeded stated support working hour(s), or the resolution time to which this Service Level Agreement applies has been found to have exceeded stated support working hour(s), Kalaam will credit the customer with a service credit equivalent to five days of the monthly rental charges for the service (calculated by average billing of three previous months with respect to working days in those months).

30.  This service level credit will be in the form of a credit against the monthly invoice due on the service experiencing the fault.

31.  The Service Credits detailed in this agreement shall be the sole and exclusive remedy (financial or otherwise) available to the customer for failure to meet the applicable Service Levels or any failure, act or omission in relation to this Service Level Agreement. Nothing in this Service Level Agreement shall limit liability for death or personal injury caused by negligence.

32.  All claims must be accompanied by a valid fault ticket number.

33.  Service credits (or other claims for financial compensation) in any calendar month in which a fault occurs shall not in any circumstances exceed the total monthly service charge for such given month, regardless of the number of faults reported and/or occurring in that period against an individual service subscription.

34.  The customer can only make one claim under this Service Level Agreement in respect of a single fault ticket.

35.  Claims must be made within 30 days of a fault ticket being closed and must be raised with the Kalaam Customer Care.

 

EXCLUSIONS

36.  The Service Levels will not apply during outages resulting from scheduled maintenance (whether routine, preventative and/or essential) that may affect service availability and accordingly claims cannot be made for any failure to meet the Service Levels during or as a result of such outages.

37.  Kalaam reserves the right to perform essential maintenance on its network that may affect service availability. Kalaam will make every effort to notify customers of such maintenance.

38.  The Service Levels will not apply (and claims cannot be made) in respect of faults where the cause has been identified as being a malicious act or otherwise through the actions of another Kalaam user that have been found to be in breach of service terms and conditions.

39.  The Service Levels will not apply (and claims cannot be made) in respect of faults which are the result of misuse or interference with Kalaam supplied and managed equipment.

40.  The Service Levels will not apply (and claims cannot be made) in respect of faults which are the result of data transmission originating from customer equipment.

41.  The Service Levels will not apply (and claims cannot be made) in respect of faults caused due to Force Majeure events. Kalaam will make best efforts to minimize any outages caused by such events.

42.  The Service Levels will not apply (and claims cannot be made) in respect of faults with any other component of the link not completely controlled by Kalaam. Kalaam will make best endeavours to resolve issues related to the fault with any third party involved.