WPG Consulting Service Level Agreement

WPG Consulting 100% VoIP Availability Commitment

Our Commitment: WPG Consulting commits to provide 100% availability each month of our hosted VoIP platform. Availability refers to uptime of the core equipment and call processing, not a customer’s ability to access the service due to Customer’s internet connection issues or outages.

Your Remedy: Any Customer who experiences availability of the hosted VoIP service of below 100% in any calendar month may request a one-day Service Credit for each whole hour of unavailability in such month in excess of the above minimum commitment.

WPG Consulting’s Network and Voice Platform

• WPG Consulting maintains core switching equipment in 3 datacenters in the US, located NJE-01, Edison NJ and AZP-08, Phoenix, AZ along with Azure off-region.
• All locations are housed in Iron Mountain datacenters
• Each location provides primary service to the geographic region and backup service to the other regions
• Each location is connected by private network as well as public internet for maximum redundancy
• Redundancy is maintained within each datacenter as well as across all three datacenters, including hardware, ISP connections, carrier interconnects for voice, power and environmental systems.
• Each phone is programmed to use DNS-SRV and DNS/NAPTR to register with a primary datacenter and failover in real time to either of the backup locations without user intervention
• WPG Consulting interconnects with major telecom providers for routing of inbound (origination) and outbound (termination) calls. We maintain multiple redundant connections to each upstream provider at each datacenter for maximum reliability.

Examples and Explanations

In general, outages or degradation caused by issues at our datacenters that are within our control are considered SLA violations.

For example, phones that cannot register and place outbound calls from any of our 3 datacenter locations in the US because of core equipment problems within our control (ie core routing, switching, call processing equipment) or general accessibility of the equipment due to equipment failure, misconfiguration, datacenter internet connectivity or datacenter outage are considered SLA violations.

If one or more datacenters is completely unreachable but the third is responding and operating properly, this is not considered a violation of the SLA. If any service at a datacenter becomes unavailable and phones properly fail over to their backup services at other datacenters, this is not considered a violation of the SLA.

Service Credit Specifications

In the event WPG Consulting fails to achieve any Service Level Commitment, at your request, WPG Consulting will credit your account in accordance with the applicable remedy set forth above in connection with such Service Level Commitment and subject to the following:

To be eligible for a Service Credit, you must report the commitment failure to WPG Consulting within thirty (30) days of its occurrence (via telephone at 855-899-VOIP or via e-mail notification to voice@wpgc.io), and you must have notified WPG Consulting of any service-affecting conditions at the time of such failure.

Requests must identify the Service Level Commitment at issue, include the “trouble ticket” number assigned to Customer’s report, and include such other information as WPG Consulting may have reasonably requested to assist it in verifying the request. WPG Consulting may reject any Service Credit request which does not provide sufficient supporting information to allow WPG Consulting to verify the claim. All requests for Service Credits will be subject to confirmation by WPG Consulting, and will be applied by WPG Consulting as soon as possible to a subsequent recurring invoice following approval. WPG Consulting shall promptly notify Customer of its resolution of the reported event. Customer must claim any applicable Service Credits by the 15th day of the month following the month in which the reported incident was resolved. WPG Consulting will inform Customer of credit requests rejected for insufficient information, and Customer will be allowed to resubmit such requests with additional supporting information within fifteen (15) days of WPG Consulting’s notification of its rejection of the credit request. After Customer resubmits the credit request with the additional supporting information, the standard verification and crediting timelines outlined herein shall apply.

Service Availability Credit

The maximum Service Credit to be granted for all failures within a given month shall not exceed 33% of recurring fees charged by WPG Consulting for the given service for the month in which the given Service Credit is claimed. Any excess credits will not carry over into later invoices. Remedies available hereunder shall only be payable in the form of a Service Credit to Customer’s account. WPG Consulting shall have no obligation to pay cash to Customer to fulfill any earned Service Credit.

If any event triggers a breach of two or more Service Level Commitments, Customer shall only receive a Service Credit equal to the highest applicable Service Credit being requested in connection with the breached Service Level Commitments.

Customer shall be ineligible for a Service Credit hereunder if Customer is not in financial good standing with WPG Consulting (i.e., current on all billings) at the time of the request. For purposes hereof, a “force majeure” event shall mean any natural disaster, act of God, power surge or failure, strike or labor dispute, war, civil disturbance, act of governmental authorities or the public enemy, act of terrorism, unavailability or failure of, or interruption or delay in, telecommunications or third party service, fuel or energy shortage, or any other cause beyond WPG Consulting’s control, whether or not similar to the foregoing.

For purposes hereof, a “business day” shall mean any weekday other than a Federal holiday or day on which banks in the State of California or the State where service is to be delivered are authorized to close.

The remedies set forth herein for each Service Level Commitment shall be the exclusive remedy available to Customer for WPG Consulting’s failure to achieve such Service Level Commitment. This SLA does not represent a warranty or guarantee by WPG Consulting that services will be uninterrupted or fit for any particular purpose or intended use of any kind, and WPG Consulting shall not be liable for any damages of any nature or amount as a result of any failure to achieve any Service Level Commitment, other than the permitted Service Credits authorized and described hereunder.

Service Credit Exception

This Service Level Agreement applies to WPG Consulting Service and related equipment only. If at any time the Customer is in default under the Agreement, then the Customer will not be entitled to any service credits. WPG Consulting will not be responsible for, and Service Credits will not be issued in connection with, any failure by WPG Consulting to meet a Service Level Commitment for any covered outage that, as determined by WPG Consulting in its reasonable judgment, results from:

• Downtime due to Customer-initiated changes whether implemented by Customer or Provider on behalf of Customer;
• Downtime caused as a result of the Customer exceeding system capacity;
• Downtime due to the acts or omissions of Customer, its employees, agents, third party contractors or vendors, or anyone gaining access to Provider’s network or to the Customer’s Web site at the request of Customer;
• Downtime caused by Acts of God or natural disasters;
• Any event or condition not wholly within the control of Provider; and Violations of Provider’s Acceptable Use Policy;
• The negligence or wilful misconduct of Customer or others authorized by Customer to use the Services provided by Provider;
• Any failure of any component for which Provider is not responsible, including but not limited to all Customer-provided or Customer-managed electrical power sources, networking equipment, computer hardware, computer software or web site content;
• Any failure of Customer-provided local access facilities;
• Any scheduled or emergency maintenance up to an accumulated total of 24 hours per month;
• Any failures that cannot be corrected because the Customer is inaccessible.
• Failure on the part of Customer to timely report the incident and open a trouble ticket in accordance with this