The following additional terms and conditions are applicable to Sales Orders for Single Point Global’s SIP Services:
Capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the General Terms and Conditions.
For the purposes of this PSA, “Services” means SIP Services.
This attachment shall apply to SIP Services. A further description of the Service is set forth in Schedule A-1 hereto which is incorporated herein by reference.
Once Single Point Global accepts a Sales Order for Service, Single Point Global will invoice Customer for all Custom Installation Fee(s) as identified on a Sales Order. Customer will pay the Customer Installation Fee(s) within thirty (30) days of the invoice date unless a payment schedule is specified in the applicable Sales Order.
Following its acceptance of a Sales Order, Single Point Global shall notify Customer of the Estimated Availability Date applicable to that Sales Order. Single Point Global shall use commercially reasonable efforts to provision the Service on or before the Estimated Availability Date; provided, however, that Single Point Global’s failure to provision by said date shall not constitute a breach of the Agreement.
Single Point Global shall inform Customer when Service is available and performing in accordance with the “Technical Specifications” set forth in Schedule A-1 hereto (“Availability Notification”). Charges for Service shall begin to accrue as of the Service Commencement Date. The Service Commencement Date shall be earliest of: (A) the date on which Customer confirms receipt of and concurrence with the Availability Notification; (B) five (5) business days following the date of the Availability Notification, if Customer fails to notify Single Point Global that the Service does not comply materially with the specifications set forth in Schedule A-1 hereto; or (C) the date on which Customer first uses the Service.
5.1 The charges set forth or referenced in each Sales Order have been extended to Customer in reliance on the Service Term set forth therein. To the extent that a Service Term has not been expressly set forth in a Sales Order, the minimum Service Term for Services is thirty-six (36) months.
5.2 Termination. Charges for termination of SIP services before the Service Term end date will be invoiced using the average amount invoiced over the billed service term from the service start date to date of termination multiplied by the remaining unbilled months in the in the Service Term.
5.3 Exclusions. Termination Charges shall not apply to Service terminated by Customer as a result of Single Point Global’s material and uncured breach in accordance with Article 5.2 of the General Terms and Conditions.
5.4 Upgrades. Customer may upgrade the speed or capacity of an existing Service without incurring Termination Charges, provided that (A) the upgraded Service (the “Upgraded Service”) must assume the remaining Service Term of the Existing Service; (B) the Upgraded Service must have the same points of termination on Single Point Global’s network as the Existing Service; (C) Customer submits a Sales Order to Single Point Global for the Upgraded Service and that order is accepted by Single Point Global; (D) Customer pays Single Point Global’s applicable nonrecurring charges for the upgrade; and (E) Customer agrees to pay the applicable monthly recurring charges for the Upgraded Service commencing with the upgrade.
The technical specifications applicable to the Service are set forth in Schedule A-1 hereto. The service level agreement applicable to the Service is set forth in a Schedule A-2 hereto.
The descriptions for the Services provided under the Single Point Global Voice Services are located at
SIP Services, Version 1.2
SINGLE POINT GLOBAL’s SIP Services is backed by the following Service Level Agreement (“SLA”):
Capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the SIP Services PSA or the General Terms and Conditions.
“Degraded Service” – A trouble ticket classification where calls can be made but may be suffering from limited or intermittent problems such as sound quality impairment
“Monthly Recurring Charge (MRC)” – The recurring charges for Service as identified in Article 3.1 of the General Terms and Conditions.
Service Level Agreement (SLA)
Company’s liability for any Total Service Interruption of its SIP Services (individually or collectively, “Liability”), shall be limited to the amounts set forth in the below Table 1. The term “Liability” refers to an interruption in transmission that renders the Service unusable due to a total loss of signal for the service (“Total Service Interruption”). For the purposes of calculating credit for any such Liability, the Liability period begins when the Customer reports an interruption in the portion of the Service to Company, provided that the Liability is reported by Customer during the duration of the Liability, and, a trouble ticket is opened; the Liability shall be deemed resolved upon closing of the same trouble ticket or the termination of the interruption, if sooner, less any time SINGLE POINT GLOBAL is awaiting additional information or premises testing from the Customer. Multiple events will require multiple trouble tickets to be opened. Service that fails to materially conform to the stated technical specifications and performance standards but is not a considered a total loss of Service shall be considered a Degraded Service, and will be entitled to Credits as identified in Table 1.
For all Total Service Interruptions within any thirty (30) day period
THE TOTAL CREDIT ALLOWANCE PER MONTH IS CAPPED AT 50% of THAT MONTH’S MRC FOR THE INTERRUPTED CIRCUIT/SERVICE.
Customer shall bear any expense incurred, e.g., dispatch/labor costs, where a Service Interruption is found to be the fault of Customer, its end users, agents, representatives or third-party suppliers.
The parties agree that if either party hereto, in its reasonable sole discretion, determines that an emergency action is necessary to protect its own network, the party may, after engaging in reasonable and good faith efforts to notify the other party of the need to block, block any transmission path over its network by the other party where transmissions do not meet material standard industry requirements. The parties further agree that none of their respective obligations to one another under the Agreement will be affected by any such blockage except that the party affected by such blockage will be relieved of all obligations to make payments for charges relating to the circuit(s) which is so blocked and that no party will have any obligation to the other party for any claim, judgment or liability resulting from such blockage.
All claims and rights arising under this Service Level Agreement must be exercised by Customer in writing within thirty (30) days of the event that gave rise to the claim or right. The Customer must submit the following information to the Customer’s SINGLE POINT GLOBAL account representative with any and all claims for credit allowances: (a) Organization name; (b) Customer account number; (c) Trouble Ticket number(s) opened by the customer, and (d) basis of credit allowance claim (including date and time, if applicable). SINGLE POINT GLOBAL will acknowledge and review all claims promptly and will inform the Customer by electronic mail or other correspondence whether a credit allowance will be issued or the claim rejected, with the reasons specified for the rejection.
Exceptions to Credit Allowances
A Total Service Interruption shall not qualify for the remedies set forth herein if such Total Service Interruption is related to, associated with, or caused by: scheduled maintenance events; Customer actions or inactions; Customer-provided power or equipment; any third party not contracted through SINGLE POINT GLOBAL, including, without limitation, Customer’s users, third-party network providers, any power, equipment or services provided by third parties; or an event of Force Majeure as defined in the Agreement. Further a Total Service Interruption shall not qualify for remedies set forth herein if SINGLE POINT GLOBAL has provided a reasonable temporary work around which the Customer has or has not accepted.
The remedies set forth in this Service Level Agreement shall be Customer’s sole and exclusive remedies for any Service Interruption, outage, unavailability, delay, or other degradation, or any SINGLE POINT GLOBAL failure to meet the service objectives.