Latest update, December 21, 2022
Service Level Agreement
The purpose of this Service Level Agreement (’SLA’) is to demonstrate Empower Hope’s (“the Company”) commitment to providing 99.95 percent 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 the Customer and the Company. The remedies provided in this SLA are the sole remedies available to the Customer for any failure of the Company to meet its Uptime Commitment (defined in Section 2).
This SLA relates only to the Company 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.
1.0 Uptime Commitment to the Company Customers
Pursuant to the terms of this SLA and the Service Agreement, the Company commits to ensuring the 99.95 percent availability of at least one of the Company’s SMS gateways to enable Customer to connect thereto. This 99.95 percent availability shall allow the sending of Standard Rate SMS Messages, measured on a monthly basis, where the:
- The denominator is represented by the number of minutes in a given month minus the number of minutes of Allowable Downtime (the ’Uptime Commitment’)
- The numerator is represented by the number of minutes in a given month that at least one of the Company’s SMS gateways is available to the Customer for sending Standard Rate SMS Messages.
2.0 Consequences of failure to deliver on the 99.95 percent Uptime Commitment
Should, for any given calendar month during the term of the Service Agreement, the Company not meet its Uptime Commitment (as defined in Section 2 above), the Customer will be eligible to receive, as its sole remedy and the Company’s sole liability, a service level credit as set out in clauses 3.1 and 3.2 below.
3.1. Standard Business Customers
If the Company fails to meet its Uptime Commitment under this SLA in a calendar month, Standard Business Customers are entitled to receive an account credit. These Standard Business Customers must:
- Be affected by such the Company Uptime Commitment failure
- Register a complaint in writing with the Company within the calendar month immediately following the period in which the Company’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:
- USD$40 for American Customers
3.2. Platinum Program Members
If in a calendar month, the Company fails to meet its Uptime Commitment under this SLA, Platinum Program Members are entitled to receive an account credit. These Platinum Program Members must:
- Be affected by such the Company Uptime Commitment failure
- Register a complaint in writing with the Company during, or within the calendar month immediately following the period in which the Company’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 authorized 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 Company account shall be credited for such amount to be offset against the Customer’s next monthly invoice(s).
During the term of the Service Agreement, the Company will provide Customers access to its standard technical support.
4.1. Standard Business Customers
The Company will provide Standard Business Customers access to technical support during Standard Business Hours, during each Business Day (both terms are defined in Section 6).
The Company endeavors to provide a personal response to all telephone queries. However, Standard Business Customers may be asked to leave a message during high-volume support periods 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 the Company’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
The Company 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 the Company’s telephone answering service, a technical support officer will return the call as a matter of priority.
Changes to Service Level Agreement
By using the Company’s Standard Rates SMS Service, Customers agree to accept the provisions of this SLA and the related Uptime Commitment or their subsequent amendments. The Company 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.
The table below defines key terms used in the sales process.
|Allowable Downtime||The sum of the number of minutes in a given calendar month the Company’s SMS gateways are unavailable due to:
|Business Day||A day upon which trading banks in the United States are open for business|
|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 the Company’sSMS gateways are unavailable due to any of the following causes: a. Any circumstance beyond the Company’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 labor problems
b. Where the Customer cannot access the Company’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 the Company
c. In the rare case that Standard Rate SMS Messages are not delivered by a Carrier to a particular handset, even though the Company 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 the Company’s direct control, or attributable to materials or elements provided by the Customer
|Platinum Maintenance||Any time the Company 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 the Company’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 the Company a one-off establishment fee and a monthly service fee as set out in the Service Agreement or as amended by the Company at its absolute discretion for the Standard Rate SMS Service.|
|A the Company Customer who has joined the Company’s Platinum Program|
|Service Agreement||The service agreement attached to the Customer’s application for the use of the Standard Rate SMS Service|
|A Customer who is not a Platinum Program Member|
|9:00 am to 5:00 pm Pacific Standard Time (PST)|
|Standard Rate SMS Message||A standard text message sent via the Company SMS gateway to a third party|
|Standard Rate SMS
|A service provided by the Company which enables the Customer to send and/or receive Standard Rate SMS Messages|