A. Scope and Definitions
- This Service Level Agreement ("SLA") describes the availability commitment for services provided by BabbleBlue Communications, a trade name of Jevin Canders LLC ("BabbleBlue," "we," "us"), and the credits available when we fail to meet it. Capitalized terms not defined here have the meanings given in your customer agreement.
- "Downtime" means a period during which the Service is unable to originate or receive calls due to a failure of BabbleBlue's network, platform, or upstream carriers under our control, as measured by our monitoring systems. Downtime begins when the failure is detected by our monitoring or reported by you, whichever is earlier, and ends when the Service is restored.
- "Monthly Uptime Percentage" means the total number of minutes in a calendar month, minus the minutes of Downtime in that month, divided by the total number of minutes in that month, expressed as a percentage.
- "MRC" means the monthly recurring charge for the affected Service, excluding usage charges, taxes, surcharges, and regulatory fees.
- "Scheduled Maintenance" means maintenance we announce at least forty-eight (48) hours in advance via our status page or by notice to you, performed during a published maintenance window.
B. Availability Commitment
- We commit to the following Monthly Uptime Percentage by plan tier:
Plan Tier Monthly Uptime Commitment Residential (Home) 99.9% Business 99.9% Enterprise 99.99%
C. Service Credits
- If the Monthly Uptime Percentage for a calendar month falls below your tier's commitment, you are eligible for a credit against the MRC for the affected Service, calculated as follows:
Monthly Uptime (99.9% tiers) Monthly Uptime (99.99% tier) Credit (% of MRC) Below 99.9% to 99.0% Below 99.99% to 99.9% 10% Below 99.0% to 95.0% Below 99.9% to 99.0% 25% Below 95.0% Below 99.0% 50% - Credits in any calendar month will not exceed fifty percent (50%) of the MRC for the affected Service for that month.
- Credits are applied to a future invoice, have no cash value, are not refundable, and do not carry over upon Account closure.
D. Claim Process
- To receive a credit, you must submit a claim to our support team within thirty (30) days of the end of the calendar month in which the Downtime occurred, identifying the affected Service and the dates and times of the claimed Downtime.
- We will verify claims against our monitoring systems and records, which are the authoritative source for Downtime measurement, and we reserve the right to investigate any reported outage. We will notify you of the outcome and apply any credit to a subsequent invoice.
E. Exclusions
Downtime does not include, and no credit is available for, unavailability or degradation caused by:
- Scheduled Maintenance;
- failure of your equipment, local network, power, or internet connectivity, or that of your internet service provider;
- suspension or termination of your Service in accordance with your customer agreement, including for nonpayment or violation of the Acceptable Use Policy;
- events beyond our reasonable control, as described in the force majeure provision of your customer agreement;
- issues affecting only individual calls or call quality where the Service remains able to originate and receive calls; and
- acts or omissions of you, your users, or third parties not under our control.
F. Exclusive Remedy
- The credits described in this SLA are your sole and exclusive remedy for any unavailability, outage, or degradation of the Service. This SLA does not apply to 911 service, which is addressed in the 911 Service Disclosure and Acknowledgment.