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Network Availability Guarantee, version 3 – June 1th, 2012

This Guarantee is Applicable to all eTollFree, LLC. Clients

By signing up for eTollFree, LLC. services on the Internet, or by using any other means of subscription including subscription via a third party, a sales representative or commercialization partner, you benefit from the present Network ,  Power, Software, and Hardware Uptime Guarantee if you are billed directly by eTollFree, LLC.

 

Who may benefit from the guarantee?

The following guarantee is applicable to the renewable services offered by the eTollFree, LLC. that include a network connections and Internet bandwidth or traffic. All clients of renewable services whose accounts are in order, which have no unpaid balance, are eligible for the present guarantee.

 

Guarantee Terms

  • 100.00% Network Uptime
    • eTollfree guarantees 100% network uptime for all subscribers of a solution which includes a network connection. During one month, complete network outages shall never occur. If a network outage should happen, eTollfree will compensate its clients with a credit equivalent to one day of service for the first 30 minutes of unavailability and a credit of one day of service for each of the following hours. The credit can be claimed up to the monthly amount paid for the service. Unavailability is defined by failed PING commands to the IP address of the server hosting your web site. This unavailability must be directly caused by problems in the connection linking eTollFree, LLC. to the Internet and must be verifiable from multiple external Internet hosts.

 

  • 100% Power Availability
    • eTollfree guarantees the electrical power supply of its datacenter 100% for all clients subscribed to a solution which includes an electrical supply port or an amp circuit. During one month, power outages shall never occur. If it should happen, eTollfree will compensate its clients with a credit equivalent to one day for the first 30 minutes of unavailability and one day of credit for each of the following hours. The credit can be claimed up to the monthly amount paid for the service. This unavailability must be caused by problems directly related to the datacenter’s electrical supply or to your server or bay’s power supply.

 

  • Hardware Guarantee
    • eTollfree guarantees to its dedicated server clients that defective hardware will be replaced within 4 hours of signaling the problem via the 24/7 emergency telephone line (866.273.4639) or emergency ticket form, regardless of the time of day. In case of hardware unavailability, a temporary server of similar specifications (if available) will be offered to the client. If the hardware replacement has not be completed within 4 hours and a temporary server has not been made available within this same delay, eTollfree will compensate its clients with a credit equivalent to one day for the first 1 hour of unavailability after the first 4 hours and one day of credit for each of the following hours. The credit can be claimed up to the monthly amount paid for the service.

 

  • 100% Software Guarantee
    • eTollfree guarantees 100% software uptime for all subscribers of a solution which includes a hosted PBX systems, Vicidial systems, Asterisk systems, and any other custom software solutions provided by eTollFree. During one month, complete software outages shall never occur. If a network outage should happen, eTollfree will compensate its clients with a credit equivalent to one day of service for the first 30 minutes of unavailability and a credit of one day of service for each of the following hours. The credit can be claimed up to the monthly amount paid for the service. Unavailability is defined by failed ability to process application instructions or application failure resulting in loss of call completion over 5% of calls during a 30 min period. This unavailability must be directly caused by problems related to software configuration and design.

 

 

 

Exclusions

  • 100% Network Uptime
    • The guarantee is limited to network unavailability on the network operated by eTollFree, LLC. and the hardware owned by the eTollFree, LLC. or one of direct suppliers. The guarantee is in no case applicable to external network problems that might cause local perturbations for some internet service providers. The guarantee is in no case applicable, without being limited, to unavailability caused by hardware or software malfunctions, unavailability caused by the application of the acceptable use policy, to a network slowdown, to planned maintenance activities or to any event that is not directly under eTollFree’s direct control. Any request for credit concerning a problem other than network uptime will be analyzed and treated individually as an independent request which is not subject to the network uptime guarantee.

 

    • 100% Power Uptime
      • The guarantee is limited to electrical power unavailability due to hardware directly owned and operated by the eTollfree Technologies or one of its direct suppliers. Any request for credit concerning a problem other than electrical power supply will be analyzed and treated individually as an independent request which is not subject to the electrical power supply guarantee.

 

    • Hardware Guarantee
      • The guarantee is limited to the hardware owned by eTollfree and rented by the client. The guarantee provides for the defective hardware’s replacement and the basic reinstallation of the operating system (if necessary). Once back online, the server will be identical to when it was first delivered. This guarantee does not include data backup nor data restoring. The guarantee only applies to critical hardware failures that affect the server availability.

 

    • 100% Software Uptime
      • The guarantee is limited to software unavailability on the network operated by eTollFree, LLC. and the hardware owned by the eTollFree, LLC. or one of direct suppliers. The guarantee is in no case applicable, without being limited, to unavailability caused by hardware malfunctions, unavailability caused by the application of the acceptable use policy, to a network slowdown, to planned software maintenance activities, unplanned increases in call volumes, or to any event that is not directly under eTollFree’s direct control.

 

 

Claim Procedures

The guarantee is limited to the network and power unavailability. All reclamations concerning this guarantee must be done using the “Credit Claims” form located in eTollFree’s “Customer Hub” section of eTollFree’s site. All requests must be made within seven (7) days following the end of the month in question. Reclamations must include the starting time of the unavailability, the time when services came back to normal and at least 3 “trace route” commands taken during the unavailability. Any incomplete reclamation form will be discarded. The request will be processed within 10 to 15 days following its reception.

 

Guarantee Contract

The guarantee is automatically valid for all of the eTollFree, LLC. subscribers. eTollfree reserves the right to modify the present guarantee at any time.