Service Level Agreement

1. Introduction
The purpose of this Service Level Agreement (’SLA’) is to demonstrate MessageNet’s commitment to providing 99.95% uptime of our Standard Rate SMS Services as set forth below. This SLA is incorporated into, and made a part of, that certain Service Agreement (defined in Section 6) entered into between Customer and MessageNet. The remedies provided in this SLA are the sole remedies available to the Customer for any failure of MessageNet to meet its Uptime Commitment (defined in Section 2).
This SLA relates only to MessageNet infrastructure, and does not cover issues relating to software, IT systems or web browsers, or other technology or telecommunication devices or services used to send SMS messages.

2. Uptime Commitment to MessageNet Customers
Pursuant to the terms of this SLA and the Service Agreement, MessageNet commits to ensuring the 99.95% availability of at least one of MessageNet’s SMS gateways to enable Customer to connect thereto. This 99.95% availability shall allow sending of Standard Rate SMS Messages, measured on a monthly basis, where the:

  • Denominator is represented by the number of minutes in a given month minus the number of minutes of Allowable Downtime (the ’Uptime Commitment’)
  • Numerator is represented by the number of minutes in a given month that at least one of MessageNet’s SMS gateways is available to the Customer for sending Standard Rate SMS Messages.
3. Consequences of failure to deliver on the 99.95% Uptime Commitment

Should, for any given calendar month during the term of the Service Agreement, MessageNet not meet its Uptime Commitment (as defined in Section 2 above), the Customer will be eligible to receive, as its sole remedy and MessageNet’s sole liability, a service level credit as set out in clauses 3.1 and 3.2 below.

3.1. Standard Business Customers
If, in a calendar month, MessageNet fails to meet its Uptime Commitment under this SLA, Standard Business Customers are entitled to receive account credit. These Standard Business Customers must:
  • Be affected by such MessageNet Uptime Commitment failure
  • Register a complaint in writing with MessageNet within the calendar month immediately following the period in which MessageNet’s Uptime Commitment failure occurred.
Credits shall be applied to the amounts owed by the Customer under the Service Agreement, and the list below outlines the credits available depending on the Standard Business Customer’s location:
  • AUD$45 for Australian Customers
  • USD$40 for American Customers
  • GBP£20 (plus VAT if applicable) for British Customers
  • NZD$50 for New Zealand Customers.
3.2. Platinum Program Members
If, in a calendar month, MessageNet fails to meet its Uptime Commitment under this SLA, Platinum Program Members are entitled to receive account credit. These Platinum Program Members must:
  • Be affected by such MessageNet Uptime Commitment failure
  • Register a complaint in writing with MessageNet during, or within the calendar month immediately following the period in which MessageNet’s Uptime Commitment failure occurred.
The credit shall be relative to the actual business impact up to a maximum of the fees due under the Service Agreement authorised by the Customer in the calendar month in which the Uptime Commitment failure occurred. If the Customer has already paid the fees due in the calendar month in question, then the Customer’s MessageNet account shall be credited for such amount to be offset against the Customer’s next monthly invoice(s).

4. Technical Support
During the term of the Service Agreement, MessageNet will provide Customers access to its standard technical support.

4.1. Standard Business Customers
MessageNet will provide Standard Business Customers access to technical support during Standard Business Hours, during each Business Day (both terms are defined in Section 6).
MessageNet endeavours to provide a personal response to all telephone queries, however during high volume support periods Standard Business Customers may be asked to leave a message through our voicemail system. Similarly, if Standard Business Customers place a support call before or after the aforementioned access hours, the Customer may be asked to leave a message through our voicemail system.
If a message is left with MessageNet’s telephone answering service, a technical support officer will return the call within the first two (2) Standard Business Hours of the next Business Day.

4.2. Platinum Program Members
MessageNet will provide Platinum Program Members access to technical support 24 hours a day, 7 days a week. In some circumstances (for example peak times) the Platinum Program Member may be asked to leave a message through a voicemail system. If a message is left with MessageNet’s telephone answering service, a technical support officer will return the call as a matter of priority.

5. Changes to Service Level Agreement
By using MessageNet’s Standard Rate SMS Service, Customers agree to accept the provisions of this SLA, and the related Uptime Commitment, or their subsequent amendments. MessageNet reserves the right to change this SLA from time to time, provided prior notice is given to the Customer before the effective date of any such change.

6. Definitions
The table below defines key terms used in the sales process.
 
Term Definition
Allowable Downtime The sum of the number of minutes in a given calendar month MessageNet’s SMS gateways are unavailable due to:
  • An Exception (see definition below)
  • Planned Maintenance (see definition below)
Business Day A day upon which trading banks in Australia are open for business
Carrier Telecommunications carrier
Customer A Platinum Program Member or a Standard Business Customer (see definitions below)
Exceptions The sum of the minutes in a given calendar month where MessageNet’s SMS gateways are unavailable due to any of the following causes:
 
a. Any circumstance beyond MessageNet’s control, including without limitation, an act of God, inclement weather, flood, lightning, fire, or any other natural disaster, industrial action, the act or omission of any government, civil unrest, terrorism, war, military operations or riot, or strikes or other labour problems
b. Where the Customer cannot access MessageNet’s Standard Rate SMS Service as a result of a technical issue at their end, including, but not limited to, hardware or software issues, Internet connectivity issues, services provided by third parties or agents, or other issue outside the control of MessageNet
c. In the rare case that Standard Rate SMS Messages are not delivered by a Carrier to a particular handset, even though MessageNet has correctly passed on the Standard rate SMS Message to the Carrier
d. Any other failure attributable to Carriers, any other telecommunications service providers beyond MessageNet’s direct control, or attributable to materials or elements provided by the Customer
Planned Maintenance Any time the MessageNet SMS gateways are unavailable to the Customer in any given calendar month, due to scheduled maintenance and upgrading activities. Such maintenance and upgrading activities shall occur during MessageNet’s scheduled maintenance window, or at an alternate time given five (5) days’ advance notice. This notice may be given via email.
Platinum Program The plan under which any Customer pays MessageNet a one-off establishment fee and a monthly service fee as set out in the Service Agreement, or as amended by MessagMedia at its absolute discretion for the Standard Rate SMS Service.
Platinum Program
Member
A MessageNet Customer who has joined MessageNet’s Platinum Program
Service Agreement The service agreement attached to the Customer’s application for use of the Standard Rate SMS Service
Standard Business
Customer
A Customer who is not a Platinum Program Member
Standard Business
Hours
9:00 am to 5:00 pm Australian Eastern Standard Time (AEST)
Standard Rate SMS Message A standard text message sent via MessageNet’s SMS gateway to a third party
Standard Rate SMS
Service
A service provided by MessageNet which enables the Customer to send and / or receive Standard Rate SMS Messages