Cde f Practice 1. Abut Kalaam Telecm Kalaam Telecm is a trading name f Kalaam Telecm Bahrain. Launched in 2005, Kalaam Telecm has grwn t be ne f the leading alternative peratrs ffering vice, internet, data and ICT telecm services in the Kingdm f Bahrain. Nw in its 11th year f peratins, Kalaam Telecm prvides Enterprise slutins fr fixed and mbile telecmmunicatins and internet cnnectivity backed with strng after sales service- frm a dedicated crprate accunt manager, nline accunt management prtal, 24/7 dedicated custmer care, t strng and defined service level agreements and state-f-art platfrm based n Next Generatin Netwrk technlgy. Kalaam als has a well-established Residential services and prducts i.e. fr individuals and residences, which makes internatinal calling and internet cnnectivity affrdable t anyne.
This Cde f Practice is t infrm yu, ur custmer, abut yur relatinship with us, Kalaam Telecm. It is written fr vice and data custmers wh purchase telecmmunicatins and internet services frm Kalaam Telecm directly. This cde f Practice cvers Enterprise services prvided t large and small businesses and Residential services fr individuals and their residences. This cde aims t prvide yu with infrmatin n: hw t cntact Kalaam Telecm (Sectin 3) ur cmpany values and cmmitment (Sectin 4) ur services and the Kalaam advantage (Sectin 5) hw t subscribe t an Enterprise service; (Sectin 6a) Enterprise Subscriber Frm (Appendix 1) Enterprise Subscribers Agreement Terms and Cnditins (Appendix 2) Hw t subscribe t Residential Services (Sectin 6b) Service Activatin Days fr All Services: (Sectin 7) Kalaam s Enterprise Line Service Level Agreements;(Sectin 8) SLA fr Enterprise Internet services; (Appendix 3) SLA fr Enterprise Data Services; (Appendix 4a and 4b) SLA fr Enterprise Clud Services; (Appendix 5) Feedback, cmplaints handling and cancellatin f services: (Sectin 9) Dispute Reslutin: (Sectin 10) Apprval and Review f Cde: (Sectin 11) Telecmmunicatins Authrity f the Kingdm f Bahrain Cntact Infrmatin. (Sectin 12) Nte: The Cde f Practice may be mdified frm time t time. Hwever, an updated Cde f Practice can be made available n request by e-mailing: supprt@kalaam-telecm.cm Kalaam Telecm - Cde f Practice Page 2
3. Hw t Cntact us Fr up-t-date cntact infrmatin, please visit ur website: www.kalaam-telecm.cm A. By phne Kalaam s Head Office t speak t any department 1616 8686 Timings: 8 a.m. t 5 p.m. Days: frm Sundays thrugh t Thursdays. Kalaam s Custmer Service and Supprt Lines - All custmer service and supprt lines are pen 24 x 7 Enterprise Services Sales Desk 8001 1008; and Custmer Care 16 100 100; Residential Services Sales Desk 8001 8008; and Custmer Care 8006 1111 B. By fax Kalaam s Head Office & Custmer Care Centre 1616 8688 C. By email Sales: sales@kalaam-telecm.cm Custmer Care & Cmplaints: custmercare@kalaam-telecm.cm Billing & Cllectins: billing@kalaam-telecm.cm Admin: inf@kalaam-telecm.cm D. By letter Kalaam Telecm Bahrain, Office Suite 602, 6 th Flr, Almayyed Twer, P.O. Bx 21421, Seef District, Kingdm f Bahrain. Cntact details f Telecmmunicatins Regulatry Authrity f Kingdm f Bahrain are given in Sectin 12 f this Cde. Kalaam Telecm - Cde f Practice Page 3
4. Our Service Values All f Kalaam s Enterprise and Residential Services cme backed with the Kalaam Advantage: Premium Next Generatin Netwrk technlgy, Dedicated crprate accunt manager fr every client; Online accunt management prtal, Technical supprt with defined service level agreements; Custmer Care: 24 x 7. Our gal at Kalaam is t be the first chice fr best-value fferings in advance Data, Internet, Vice, ICT and Clud services t business custmers. We are cmmitted t achieving this gal, thrugh cntinuus investment in persnalized service, quality and innvatin. Our values are: Custmer-Fcused: A custmer is f primary imprtance and deserves ur best service, attitude and cnsideratin. At Kalaam we understand that ur success cmes frm develping lng lasting relatinships with ur valued custmers. Slutin-Driven: We are cmmitted t develping specific industry-segmented fcused slutins. We d this by paying careful attentin t yur requirements and creating a slutin that meets ur custmer s specificatins. Value-Based Slutins: We knw that ur custmers bth deserve and appreciate great value, which is why we prvide the best quality cmmunicatin services fr prices we knw yu will find reassuringly affrdable. Our value driven business mdel means we ffer yu exactly what yu need at cmpetitive price. Quality-Driven: Our emphasis is n delivering telecm services with cnsistent highest service standards and quality, which we ensure by adhering t strict and transparent service level agreements. We als use mnitring tls t measure ur systems, prcesses & perfrmances enabling us t nt nly maintain quality f service but als be practive in service management. Pr-active Service: Our fully managed and mnitred cnnectivity ffers the highest netwrk resilience and service level assurances t ur custmer s missincritical business systems. Further custmers can access the nline accunt management prtal, that prvides usage and payment details. Kalaam Telecm - Cde f Practice Page 4
5. Our range f Services A. Kalaam Enterprise Services fr Crprates and Businesses: Enterprise services assists ur clients by prviding high-speed slutins fr businesses that need highperfrmance and full-time dedicated access. Kalaam s Enterprise Service Line cnsists f Data, Internet, Vice, ICT and Clud slutins that prvide significant savings. Data Services MPLS P2P, lets yu manage a pint-t-pint cnnectivity, giving yu the ability t cmmunicate and exchange infrmatin between tw sites. This is a fully managed service which helps expand yur lcal netwrk t remte sites and creates a single cmpany-wide cmmunicatins infrastructure. AVPN, is a wide area netwrk cnnectin between graphically dispersed ffices and branches. Lcal businesses which are lking fr an efficient, secure and affrdable cmmunicatin tl can find the perfect slutin in Kalaam s AVPN cnnectin. Glbal MPLS netwrk will enable yu t streamline business peratins, intercnnecting internatinal branch ffices, dealers and partners n a single platfrm. This innvative netwrk is ideal fr missin critical applicatins and cnverges data, vice and vide. IPLC, Internatinal Private Leased Circuit is designed t prvide a pint-pint cnnectivity fr yur business with a way t expand yur private netwrk acrss cuntries and ffers a secure, reliable internatinal cnnectin that is ideal fr yur rganizatin s cnnectivity requirements. VSAT P2P is a versatile slutin t cnnect where there is nt a cnventinal media such a cpper, fiber and micrwave. It is extremely useful nt nly as a reliable primary link fr nn feasible areas, but als as a very successful alternate technlgy fr a backup link. Offshre DIA prvides dedicated internet access t ver 170 cuntries acrss the glbe. The services culd be ffered ver varius access technlgies such as fiber, cpper, wireless (micrwave/radi, WiMax, 3G/4G/LTE) and Satellite. We can prvide speeds upt 10 GBPS depending n the access technlgy. Internet Services Dedicated Internet Access ffers Businesses high-speed symmetrical bandwidth cnnectivity ver ur Wired r Wireless netwrk which is an ideal slutin fr large cmpanies that need a reliable service which is highly secure. Business bradband, prvides businesses with an efficient and cst-effective bradband slutin. Managed Bradband, ffers custmers a fully managed service with the flexibility t upgrade bandwidth whenever it is needed. Kalaam Telecm - Cde f Practice Page 5
Vice Services OOTO is a unique vice slutin fr business executive while raming. Stay cnnected t yur business frm any part f the wrld, withut the wrry f paying huge bills. Nw its Save t Travel Direct Dial, a cst saving slutin n lcal as well as internatinal calls. It makes cmmunicatin ver IP a cnvenient ptin with a range f added benefits. Direct Dial Internatinal, a service where yur business can make substantial cst savings n Internatinal calls t any destinatin using yur existing telephne lines, withut changing yur business phne number. Tll-free services, a special telephne number is prvided in a specified destinatin (lcal/internatinal), which is free t the calling party and instead the called party is charged fr the incming call. ICT Services Data Hsting Our tier 3 standard data center prvides a highly secure, prtected and envirnmentally cntrlled facility t stre critical data, netwrk and cmmunicatin assets. IPTV, is a next generatin technlgy that prvides reliable, fast, high-quality, simple t manage and easy t use slutins. This all-in-ne hybrid slutin is ideal fr htel, hspitals, residential cmplexes, educatinal institutes and ther industry segments. Bandwidth Management ensures that all users get their share f available bandwidth at all times. Kalaam s dynamic bandwidth manager intelligently gauges where the bandwidth is needed mst frm analyzing the usage and adjusts it accrdingly. WiFi Slutin enables cmpanies t manage their WiFi mre effectively and wrks in tandem with the existing netwrk t keep peple cnnected. Bulk SMS is used t send high vlume messages which is a cst-effective slutin enabling rganizatins t cnnect, interact and transact with custmers, suppliers, emplyees and partners. Clud Services Virtual Private Server are perfect fr businesses lking fr mre cntrl, flexibility and perfrmance, but withut the investment required fr a dedicated server. Backup as a Service helps yu better prtect ever-grwing data vlumes, efficiently manage infrmatin assets, and quickly find, recver and access data. Secure Email Gateway enables custmers t secure their mail infrastructure with n peratinal impact. Hsted Micrsft Exchange was designed fr rganizatins that want t get the benefits f clud-based email with the rbust capabilities f an n-premises Exchange deplyment. Kalaam Telecm - Cde f Practice Page 6
Secure Web Gateway delivers a cst effective, easy t manage, fully inclusive web security with high end perfrmance and value added features t help yur rganizatin remain secure whilst achieving regulatry cmpliance. Web Hsting Services is an ideal slutin fr website develpers, e-cmmerce stres and small businesses. Hsted PABX delivers mre functinality than a traditinal phne system, withut the csts f managing and maintaining a physical PABX. B. Kalaam Residential Services fr individuals and residential hmes hala, is a service ffered by Kalaam Telecm which allws yu t reduce the cst f lcal and internatinal calls made using yur mbile phne. hala wrks alng with yur existing mbile service prvider and des nt require yu t change yur mbile phne number. HmeNet : Cst-effective hme bradband slutin. Stay cnnected in the cmfrt f yur hme and enjy brwsing the internet. Calling Cards : Cst-effective slutin fr making internatinal calls by dialing a fixed lcal tll free number. This service allws users t save cst when making internatinal calls t their lved nes. Kalaam has multiple calling cards that are ethnic fcus t prvide better cst saving and quality vice cmmunicatin, and thse are a. Talk : An Internatinal calling card b. Kalaam 161 : An Internatinal calling card that prvides additinal cst saving by dialing Kalaam 161 DID number c. Malabar : An Internatinal calling card fcussed n Indian Kerala ethnic grup. Kalaam Telecm - Cde f Practice Page 7
6.A. Hw t subscribe t an Enterprise Service Yu can cntact anyne f ur Crprate Accunt Managers wh will review yur telecmmunicatins and/r internet cnnectivity requirements by calling the numbers specified in Sectin 3. Alternative, kindly g t www.kalaam-telecm.cm and click thrugh n varius Cntact Us ptins. A Crprate Accunt Manager meets with yu t explain ur services and assess yur needs. In sme cases, and fr sme services, a Technical Supprt Engineer will als verify the technical aspects f yur telecmmunicatins and internet requirements. Next, the Crprate Accunt Manger will submit either a Prpsal utlining custmer requirements, prpsed slutin, pricing and any special terms and cnditins that are applicable alng with the Standard Enterprise Services Subscriptin Frm. If Kalaam submits a Prpsal fr yur requirements, it will cntain the fllwing infrmatin: Abut Kalaam Telecm: Cntact details, including ur address, telephne number and e-mail address and the direct cntact details f the dedicated crprate accunt manager, wh is attending t yur cmpany s interest. Custmer Requirements: General requirements and Technical specificatins f data, internet, vice, ICT r clud service, the custmer has expressed an interest in. Prpsed Slutin: A descriptin f the recmmended service, tgether with internatinal calling rates r package specificatins. Cmmercial Offer: Pricing fr the Service including the cst f any charges, equipment r setup charges tgether with payment terms The minimum cntract perid and minimum cntract charges, if applicable Any special terms and cnditins applicable that are nt mentined in the standard subscriptin frm and terms and cnditins. A subscriptin frm with terms and cnditins, which are required t be filled in and signed as prf f registratin fr the service. And in the case f prpsals, prf f cnfirmatin f acceptance f the prpsal, that was submitted. Kalaam s Enterprise Services Subscriptin Frm (Appendix 1) Yu will be requested t prvide the fllwing infrmatin in the subscriptin frm: Essential infrmatin including yur cmpany s pstal address, telephne and e-mail cntact details and website address. Supprting dcuments including Cmmercial Registratin in the Kingdm f Bahrain, and in sme cases, Authrized Signatry verificatin, bank guarantee, if applying fr a certain credit limit r credit line as applicable. Kalaam Telecm - Cde f Practice Page 8
Printed n the back f the Enterprise Subscriptin Frm are the Terms and Cnditins, which cntain the fllwing relevant legal sectins: Custmer s respnsibility Kalaam s Rights Liability and Indemnity Terminatin f a Service Suspensin f Service Charges, Billing and Payment Changes Ntices General Prvisins t the Terms and Cnditins Yu will be requested t read and agree t the Terms & Cnditins under Custmer Apprval (Sectin 3 f the Subscriptin Frm), befre signing up fr Kalaam Telecm s Enterprise services. It is stated that the Terms & Cnditins are set ut verleaf, right next t the place f custmer s signature. The Enterprise Service Subscriptin Frm is als available nline at www.kalaam-telecm.cm tgether with the terms and cnditins. Minimum subscriptin Perids fr Enterprise Services Enterprise Service Minimum Subscriptin Perid Data Services One Year Vice Services Internet Services Based n the usage and n minimum subscriptin perid One year ICT Services One year* Clud Services One year* *Sme prducts are sld n ne time recurring fee Kalaam Telecm - Cde f Practice Page 9
6.B. Hw t subscribe t a Residential Service Yu can cntact us fr any f the Residential services fr persnal r residential use by calling the numbers specified in Sectin 3. Alternative, kindly g t www.kalaam-telecm.cm and click thrugh n varius Cntact Us ptins. Mst ppular Residential prduct hala can be dwnladed frm the Appstre and Play stre n Andrid and ios Fr ur Residential services like HmeNet ADSL, yu will be prvided with a Residential Subscriptin Agreement utlining package details, set up requirements and installatin guides. Alternative, kindly gt www.kalaam-telecm.cm and click thrugh Residential ADSL Service fr the subscriptin frm and fax it t us n 1616 8686. Minimum subscriptin Perids fr Residential Services Residential Service Minimum Subscriptin Perid Vice Services Internet Services Based n the usage and n minimum subscriptin perid One year Kalaam Telecm - Cde f Practice Page 10
7.A. Service Activatin days fr Enterprise Services Once the subscriptin frm is prcessed, yu will be infrmed by Kalaam s Custmer Care when the service is activated via an Activatin Letter sent via e-mail giving yu the fllwing infrmatin: Yur Kalaam Telecm Accunt number The Enterprise Service Subscribed t Yur Accunt Lgin and Passwrd, which enables yu t lgin t ur Real-Time Online Accunt Management Prtal; Cllectins Centres fr payment f bills Kalaam Telecm cntact details fr any enquiries r technical supprt Additinally, fr Vice Services: The telephne/mbile number(s) that are registered Additinally, fr Internet Services Only: Yur email username and passwrd Yur IP address and ther technical details as applicable If yu wish t check the prgress f yur service activatin yu may call ur Custmer Care Representative at anytime (See Sectin 3 fr cntact numbers). In case yu wish t cancel yur subscriptin befre the activatin date, please prvide infrm yur crprate accunt manager immediately in writing. Depending n the status f the subscriptin, we will cancel yur subscriptin. Hwever, nce applicatin is submitted, the cancellatin prcedure utlined in Sectin 9, is applicable. Kalaam Telecm - Cde f Practice Page 11
7.B. Service Activatin days fr Residential Services On subscribing t ur Residential services, yu will receive a Welcme Letter giving yu the fllwing infrmatin: The Residential Service Subscribed t with respective terms and cnditins fr usage. Hw-t Install/Activate Guidelines Yur Kalaam Telecm Accunt number Yur Accunt Lgin and Passwrd, which enables yu t lgin t ur Real-Time Online Accunt Management Prtal; Hw and where t pay yur bills? And in the case f Residential, ADSL: yur email username and passwrd fr Residential ADSL in additin t the cnnectivity passwrd Kalaam Telecm cntact details fr any enquiries Kalaam Telecm - Cde f Practice Page 12
8. Service Level Agreements. Each f ur Enterprise Service Line cmes backed with Service Level Agreements. The Service Level Agreements defines the respnse time t receive custmer care service and technical supprt attentin. They als include definite reslutin time fr truble-shting any prblems r service faults riginating frm Kalaam s netwrk. Kalaam s Enterprise Service Level Agreements are detailed as: Internet Services: fr Dedicated Internet Access (DIA) (Appendix 3) Data Services: fr MPLS (Appendix 4a) Data Services: fr Glbal MPLS (Appendix 4b) Clud Services: fr Virtual Private Server (Appendix 5) And cntain the fllwing cntents: Service Perfrmance and Quality f Service t expect Netwrk Availability Chrnic Service Outages Service Level Definitins Cmmunicatin Ntificatin and Hw t cmplain t Custmer Care: Service Claims Service Exclusins, if any Kalaam Telecm - Cde f Practice Page 13
9. Feedback, Cmplaints Handling and Cancellatin f Services. Feedback If yu have any cmments r cncerns abut ur service we d like t hear abut it yu can cntact us by phne, letter r email. Our cntact details can be fund at in sectin 3 f this Cde. We may n ccasin send yu a custmer satisfactin survey t ask hw yu think ur custmer service team handled a recent enquiry there is n bligatin t cmplete the questinnaire but we wuld welcme the feedback. Cmplaints Handling We are cmmitted t prviding yu with a great value and reliable services. Hwever, faults can ccasinally ccur, and when they d, we want t crrect them quickly; ur cntact details fr Custmer Care Helpdesk are given in Sectin 3 f this Cde. We prvide a cmprehensive cmplaint handling prcess t slve yur prblem as sn as pssible. When yu call us, a custmer service representative will request details like the accunt number f yur service experiencing a prblem, and details f the prblem. The custmer care representative then raises a truble ticket, and will send yu an email prviding yu with a truble ticket reference. Cmplaints can als be prvided in writing via e-mail, fax r by pst. Please refer t Sectin 3 fr cntact infrmatin. Upn receipt f yur cmplaint, Kalaam will acknwledge yur cmmunicatin and prvide yu with a reference number within Tw (2) wrking days. We advise yu t keep a cpy f the letter as well as an acknwledgement frm us that we have received yur cmplaint. Kindly prvide us with clear cntact details n hw t reach yu and timings. Kindly als specific the exact cmplaint and if yu are reprting a fault, state what the prblem. Usually, Kalaam Telecm investigates the nn-fault matters and reverts t yu within 14 wrking days and d its best t reslve any cmplaint as amicably and quickly as pssible. Fr any matters relating t Faults, the respnse times fr Enterprise services are as per the service SLAs prvided t the custmer. If yu are nt happy with the respnse yu receive frm ur Custmer Care Representative, yu may ask fr the matter t be referred t Crprate Accunt Manager/Technical Supprt Engineer fr further investigatin. Kalaam Telecm - Cde f Practice Page 14
Belw is the categrizatin f cmplaints with the time line: Categry f Cmplaint Target Respnse Time Billing Within five (5) wrking days - with n discnnectin while an nging dispute is unreslved, prvided that cmplainants have paid the undisputed prtin f an accunt Standard Subscriber Agreements Number Prtability Prices and Tariffs Quality f Service Fraud r Theft Installatin External escalatin cases t be send t Vendr r Batelc Ten (10) wrking days Tw (2) wrking days Ten (10) wrking days Ten (10) wrking days Shrtest time pssible, prvided that where the cmplainant requests discnnectin f the service t stp any abuse then that request shall be addressed immediately and must nt exceed One (1) wrking day. Ten (10) wrking days Ten (10) wrking days In the rare event, we are unable t reslve yur cmplaint t yur satisfactin after 60 days r if yu have received a letter frm us infrming yu that yur cmplaint has reached 'deadlck' yu have the right t refer yur case t the Telecmmunicatins Regulatry Authrity. The TRA's cntact details can be fund at in sectin 12 f this cde. The TRA will want t ensure that yu have fllwed this prcess and will refer the matter back t Kalaam Telecm fr reslutin. An applicatin t the TRA des nt relieve yu frm any bligatin yu may have t pay any amunts nt in dispute. Cancellatin If yu wish t cancel yur service with Kalaam Telecm nce activated, yu can d this in writing r by e-mail giving 7 days prir ntice fr Vice Services. Cancellatin f the Kalaam Telecm Vice service takes 7 wrking days frm receipt f a written request t cease as we are bliged t wrk within industry agreed prcesses. When yu cancel yur service, we aim t advise yu f the time lapse between us receiving yur cancellatin request and the time at which the service will be withdrawn. During this perid, yu remain liable fr the csts f any services we prvide yu. If yu wish t cancel yur Internet service yu can d s in writing r by e-mail, giving 30 days prir ntice, after the stipulated minimum subscriptin perid nted in the subscriptin frm r prpsal. Kalaam Telecm - Cde f Practice Page 15
Any cancellatin fees becme immediately applicable alng with usage charges up t the perid the service is ceased. Cancellatin fees are usually based n the minimum subscriptin perid stipulated in the prpsal r in the general terms and cnditins. There are 3 types cancellatin: Types f Cancellatin Pst cancellatin prcess Recnnectin prcess One mnth utstanding bill t Kalaam. Kalaam s Custmer care remind custmers by phne call, email and prvide custmer with the full prcedure t reactivate the line. The line will be autmatically recnnected upn clearing the utstanding amunt. Tw-mnths utstanding bill t Kalaam. Accunt Manager / Credit cntrller t remind custmers by phne call, email and prvide custmer with the full prcedure t reactivate the line. Custmer must clear the utstanding amunt and fill applicatin frm alng with CPR/CR, cmpany Stamp n the applicatin frm and Authrized persn signature, t re-apply fr the service. Three mnths utstanding bill t Kalaam. Kalaam s Custmer care remind custmers by phne call, email and prvide custmer with the full prcedure in rder t reactivate the line. Custmer must clear the utstanding amunt frm Batelc first and then fill applicatin frm alng with CPR/CR, cmpany Stamp n the applicatin frm and Authrized persn signature in rder t re-apply fr the service. 10. Dispute Reslutin Kalaam Telecm is a licensed peratr by Telecmmunicatins Regulatry Authrity (TRA), which prvides a free, independent, service t help srt ut cmplaints when custmers and telecms cmpanies can't agree. In case the dispute has nt been reslved within 60 days, either party may escalate the same t TRA. Cntact details are shwn in Sectin 12 f this Cde f Practice. TRA s rle is t investigate cmplaints fairly, listen t bth sides f the stry and lk at the facts. If the TRA decides yur cmplaint was justified Kalaam Telecm will hnr their decisin and put things right fr yu. This prcess prvides a straightfrward alternative t legal actin. Kalaam Telecm - Cde f Practice Page 16
11. Apprval and review f Cde This Cde has been apprved by the Telecmmunicatins Regulatry Authrity f the Kingdm f is reviewed annually. We aim t keep this Cde f Practice up t date and yu may btain a cpy frm ur custmer service representatives n the numbers listed in Sectin 3 r visit ur website www.kalaamtelecm.cm and a cpy can be dwnladed frm the Hmepage within ne click. It is essential that ur custmers understand, at the pint f registratin, the service being ffered and agreement they are entering. Hence, reading the terms and cnditins thrughly will avid any unnecessary incnvenience r escalatin f a cmplaint t a dispute. Accurate, cmplete and updated recrds f all the cmplaints will be retained fr atleast One year fllwing the reslutin f the cmplaint. If yu have any questins regarding Kalaam Telecm's cmpliance with ur Cde f Practice, please cntact: Chief Operating Officer, Kalaam Telecm, PO Bx 21421, Kingdm f Bahrain r email: vpassi@kalaam-telecm.cm 12. Telecmmunicatins Regulatry Authrity: By letter TRA, P.O.Bx 10353, Kingdm f Bahrain By phne 81188 By fax +973 17520 0044/ 17532523 By email cnsumer@tra.rg.bh Website www.tra.rg.bh Kalaam Telecm - Cde f Practice Page 17
Appendix 3: Service Level Agreement This Service Level Agreement (hereinafter referred t as SLA ) utlines the perfrmance parameters and quality f service t be prvided by Kalaam t the Custmer in relatin t the Dedicated Internet Access service. This SLA supplements the Standard Terms and Cnditins f Kalaam Telecm (hereinafter referred t as Terms and Cnditins ) and shall entitle the Custmer t certain rights and remedies cncerning the perfrmance f the Kalaam s netwrk. All Custmer rights as described in this dcument are subject t cnditins and exclusins as set frth in Clause 12 hereunder. 1. Definitin f Terms 1.1 SLA is the agreed level f service t be prvided (Service Level Agreement). 1.2 Cver Time (CT) is a perid f time during which Kalaam is respnsible fr cmpliance with the SLA as stipulated herein within the mnitred perid. Cver time is expressed in minutes per mnth. 1.3 Outage Time (OT) is a perid f time during which the service will nt be available fr justified reasn as stated in Clause 3.1, and it will nt be calculated as unavailability time f the service. Outage Time is expressed in minutes per mnth. 1.4 Unavailability Time (UT) is a perid f time during which the service will nt be available fr any unjustified reasn and it will be calculated as unavailability time fr the service. Unavailability time is expressed in minutes per mnth. 1.5 Time t Repair, als referred t as TTR, is the guaranteed time t reslve a Hard Outage truble ticket frm the time Kalaam Telecm Service Centre peratr receives and acknwledges the receipt f Custmer s fault reprt by phne r email. 1.6 Respnse Time is the guaranteed time t respnd t a fault reprt calculated as a perid between custmer s cntact persn reprting f fault by phne r email t Kalaam Telecm Service Centre peratr and the mment f Kalaam Telecm Service Centre peratr respnse t the custmer s cntact persn abut accepting fault reprt and start wrking t fix the fault. 1.7 Service Availability (SA) is the guaranteed availability f the service expressed as a prprtin f time during which the custmer can use the service in the agreed extent and quality as defined in its technical cnditins and Cver time (CT) within the mnitred perid. The SA final value is expressed as a percentage r in minutes per mnth. 1.8 Kalaam Telecm Service Centre peratr is Kalaam Telecm cntact persn, and Kalaam Telecm Service Centre emplyee, fr reprting f faults and their handling. 1.9 Hard Outage is ttal lss f Service. 1.10 Kalaam shall prvide t the Custmer the service (the Service ) which has been indicated n the Subscriptin Frm. The Service is subject t these Terms & Cnditins printed herewith, except where expressly stated therwise. 1.11 Kalaam cannt guarantee that the Service prvided will be free frm faults and interruptins which arise frm factrs which are utside f Kalaam s cntrl, whether as a result f netwrk perfrmance, third party interference r therwise. The Custmer accepts that in sme cases that they may nt be able t receive the subscribed Service wing t certain technical restrictins that may arise, althugh Kalaam shall use reasnable endeavurs t keep any disruptin t the prvisin f the Services in such circumstances, t a minimum. 2. SLA Parameters The Custmer and Kalaam hereby agree n the fllwing SLA parameters and values: Parameter Guaranteed Value Service Availability As per Clause 3 Outage Ntificatin Time Installatin Lead Time Time t Repair Respnse Time 3. Service Availability Scheduled Emergency Wired 3 Calendar Days 4 Hurs Wireless 4-6 Weeks 4-6 Weeks 6 Hurs 1 Hur Kalaam guarantees that the Service will be available as mentined in Clause 2, as calculated n a calendar mnth basis, and will be based n the fllwing installatin ptin: Single circuit, single ruter measures availability fr sites that have n backup circuit. 3.1 The Outage Time (OT) is expressed in minutes per mnth and culd happen fr any f the fllwing reasn: a) Interruptins due t scheduled maintenance activities, while scheduled maintenance activities shall mean scheduled planned interruptins in the service prvisin r scheduled maintenance activities and preventive measures that may lead t interruptins in the service prvisin n the part f Kalaam, Kalaam shuld infrm the Custmer with the reasns, date, and time t start and end the scheduled maintenance activities. b) Interruptins due t emergency maintenance activities, while emergency maintenance activities shall include unscheduled peratin that cause interruptins in the service prvisin r ther emergency maintenance activities that may lead t peratin interruptins in the service prvisin n the part f Kalaam, Kalaam shuld infrm the Custmer with the reasns, date and time t start and end the unscheduled activities. c) Temprary interruptins in the service prvisin n request f the Custmer, r any interruptins caused by the Custmer like imprper use f Kalaam s equipment n Custmer s premises, r pwer utages in Custmer s lcatin, r fault n Custmer s internal wiring, r any failure in cperatin with Kalaam during any fault clearance. d) Temprary interruptins in the service prvisin due t any mdificatin n the service n request f the Custmer, e) Interruptins due t unfreseeable and unavidable circumstances (frce majeure), such circumstances shall be especially: natural disasters, fires, epidemics, accidents, unfreseeable and unusual pwer utages, administrative restrictins and ther acts f lcal bdies f the state administratin, the gvernment r ther relevant authrities, states f natinal defensive alert, civil unrest, sabtage, and strikes as well as ther instances f distinct severity. 3.2 The Unavailability Time (UT) expressed in minutes per mnth and is the service utage time under Kalaam s respnsibility caused fr any reasn nt included in Clause 2 and 0. 3.3 Service Availability (SA) shall be calculated in line with the fllwing frmula: CT - OT-UT SA [%] ( ) 100% CT OT 3.4 The fllwing tables set ut the Credits t which the Custmer will be entitled in the event f breach f the Service Availability set ut in Clause 2 abve. Availability Credit Table - Single Circuit, Single Ruter Availability Frm T Credit Percentage < 100% 99.70% 0% 99.69% 99.50% 5% 99.49% 99.00% 10% 98.99% 98.00% 15% 97.99% 97.00% 20% 96.99% 96.00% 25% 95.99% 90.00% 30% Less than 90.00% 100% 4. Outage Ntificatin Time 4.1 Kalaam is cmmitted t prvide the Custmer with service utage ntificatin as mentined in Clause 2 abve service utage culd be caused by any emergency maintenance activities r scheduled maintenance activities fr Kalaam s netwrk r systems. 4.2 In the event that Kalaam cmpletely fails t ntify the Custmer abut the utage time fr scheduled and emergency maintenance activities befre it happens, the utage time will be cnsidered as Unavailability Time (UT). In the event that Kalaam fails t ntify the Custmer abut the utage time fr scheduled and emergency maintenance activities in accrdance with Clause 2, Custmer will be entitled t receive a credit equal t 5% f the MRC fr each site that was impacted during a Hard Outage that was nt prperly ntified. Custmer may btain n mre than ne credit per day, irrespective f hw ften in that day Kalaam failed t meet the Outage Ntificatin Time guarantee. 4.3 Custmer ntificatin calculatins will nt include time related t (i) Kalaam Telecm - Cde f Practice Page 18
catastrphic r majr events such as fiber cuts r netwrk switch utages that affect multiple custmers and (ii) unavailability f Custmer pint f cntact due t incrrect cntact infrmatin r any ther cause. 5. Chrnic Service Outages If Custmer receives a credit in accrdance with clause 2 f this SLA three times in a 30-day perid, Kalaam will have a 15-day repair perid after the third incident t remedy the chrnic prblem. If there are any additinal failures within a 15-day bservatin perid after the 15-day repair perid then Custmer may terminate r discnnect the impacted circuit withut incurring early terminatin fees. Custmer must file a claim fr early terminatin in writing within 14 calendar days after the failure in the 15-day bservatin perid. 6. Installatin Lead Time 6.1 The Installatin Lead Time fr the Service is defined as the perid f time t successfully install the Service at Custmer s site. 6.2 The Installatin Lead Time will cmmence upn Kalaam s receipt and acknwledgement f a prperly executed Agreement (including signed Subscriptin Frm), alng with any ther dcuments requested by Kalaam at the time f rdering and will end when the Service is up and billable. 6.3 Credit Structure and Amunts: If Kalaam determines in its reasnable cmmercial judgment that there is an Installatin Lead Time nn-cmpliance, at Custmer's request, Custmer's invice will be credited an amunt equal t 50% f Kalaam s billed setup charges r nn-recurring fees. 6.4 The Installatin Lead Time des nt include any perid f time in which Custmer s premises, equipment, r facilities required t install the service are unavailable. 7. Time t Repair 7.1 The Custmer s TTR will be based n the Hard Outage time per ruter fr each utage event. The TTR time starts when a truble ticket is pened after a Hard Outage by Kalaam, and cncludes with the restratin f Service. 7.2 Credit Structure and Amunts: The credit calculatin is based n the repair times fr Hard Outages within a calendar mnth. Custmer will be credited accrding t the table belw: TTR Frm [h:mm] T [h:mm] Credit Percentage 0:00 3:59 0% Mre than 4 hurs 5% 7.3 The TTR guarantee des nt apply t the repair f CPE that is nt prvided by Kalaam. 8. Respnse Time 8.1 Kalaam shuld respnse t any fault reprt dne by the custmer within the respnse time defined in Clause 2. 9. Fault Reprting and Handling Prcedure 9.1 The Custmer s cntact persn shall reprt any faults t Kalaam Telecm Service Centre by phne n 16100100 r email supprt@kalaam-telecm.cm. 9.2 Fault reprts shall cntain the fllwing infrmatin: Business name f the Custmer, Custmer cde defined by Kalaam, the name and surname f Custmer s cntact persn reprting the fault Cntact phne numbers, at which the Kalaam Telecm Service Centre peratr shall cnfirm the receptin f the fault reprt, respnd t the fault call, and infrm abut the clearance f ptential faults Time f fault reprting, descriptin f fault, its symptms and any ther infrmatin that can help t accelerate fault clearance Answers t any questins raised by Kalaam Telecm Service Centre peratr if the Custmer is able t prvide such answers 9.3 The Custmer must be ready t supply all necessary data t evidence the presence f a fault and shall prvide all reasnable assistance t Kalaam in determining the cause f the fault cnditin. 9.4 When a fault riginating within Kalaam s netwrk is identified, the Custmer will be prvided with a fault ticket number. This fault ticket number is imprtant and the Custmer shuld make an independent recrd f it. 9.5 Kalaam Telecm Service Centre peratr shall immediately infrm the Custmer s cntact persn abut fault clearance nce it is dne. 9.6 Kalaam Telecm Service Centre peratr shall send a reprt n fault terminatin t the Custmer s cntact persn by email with the fllwing infrmatin: Time fault reprting, time f respnse reprt/rejectin reprt, time f fault clearance Cnfirmatin f fault clearance 9.7 The Custmer s cntact persn shall cnfirm fault clearance by phne r e-mail. parameters defined in Clause 2 when requesting credits in any given mnth. Requests fr credit must be submitted in writing within 30 days f pening a fault ticket. The credit request must cntain the fllwing infrmatin: The date the utage ccurred The time the utage began and ended Any accunt number, circuit ID r reference numbers assciated with the affected Service 10.3 Kalaam s calculatins will be used t determine if an SLA has been missed and a credit is due. Kalaam will credit the Custmer's accunt within 30 days fllwing Kalaam s cnfirmatin f nn-cmpliance with the SLA. 11. Credit Liability and Other Remedies 11.1 The Service credits detailed in this SLA shall be the sle and exclusive remedy (financial r therwise) available t the Custmer fr failure t meet the applicable SLA parameters r any failure, act r missin in relatin t this Service Level Agreement. Nthing in this Service Level Agreement shall limit liability fr death r persnal injury caused by negligence. 11.2 Service credits in any calendar mnth in which a fault ccurs shall nt in any circumstances exceed the ttal mnthly service charge fr such given mnth, regardless f the number f faults reprted and/r ccurring in that perid against an individual service subscriptin. 11.3 Credits are nt cumulative mnth t mnth. 11.4 Kalaam may change the SLA frm time t time effective upn written ntice, which may be delivered in the invice r by ther reasnable means. 11.5 If Kalaam materially reduces the SLA s parameters r credits, Custmer may terminate the Service withut penalty by prviding Kalaam written ntice f terminatin within thirty (30) days f being infrmed f the change. Kalaam may avid terminatin if, within 30 days f receipt f Custmer s written ntice, it agrees t amend the SLA t eliminate the applicability f the material reductin. 12. General Exclusins 12.1 This agreement nly applies t faults fund within Kalaam s netwrk, including cre and edge netwrking cmpnents and interlinks wned and perated by Kalaam. The SLA des nt apply t any equipment cnnected t the circuit r Kalaam s netwrk that is nt managed by Kalaam, including ruters, switches, PBX systems, telephne adapters, etc. 12.2 The fllwing exclusins apply t all SLA parameters cntained in this dcument: N credit will be due t the extent the SLA is nt met because f any act r missin n the part f the Custmer, its cntractrs r vendrs, r any ther entity ver which the Custmer exercises cntrl r has the right t exercise cntrl N credit will be due t the extent the SLA is nt met because f a Frce Majeure event, as defined in the Agreement N credit will be due t the extent the SLA is nt met because f scheduled maintenance by Custmer r entities under Custmer s directin r cntrl N credit will be due t the extent the SLA is nt met because f scheduled maintenance by Kalaam within Kalaam s maintenance windws. Kalaam reserves the right t perfrm essential maintenance n its netwrk that may affect service availability. Kalaam will make every effrt t ntify custmers f such maintenance. N credit will be due t the extent the SLA is nt met because f the amunt f time delays due t Custmer s respnse times N credit will be due t the extent the SLA is nt met because prper pwer is nt available t the CPE N credit will apply (and claims cannt be made) in respect f faults which are the result f misuse r interference with Kalaam supplied and managed equipment. 10. Credit Applicatin Prcess 10.1 Any claims r cmplaints in respect f this Service Level Agreement shuld be raised in writing with Kalaam Telecm Service Centre. 10.2 Custmer can request t have cmpliance checked fr all f the SLA Kalaam Telecm - Cde f Practice Page 19
Appendix 4a: Service Level Agreement This Service Level Agreement (hereinafter referred t as SLA ) utlines the perfrmance parameters and quality f service t be prvided by Kalaam t the Custmer in relatin t the MPLS P2P service. This SLA supplements the Standard Terms and Cnditins f Kalaam Telecm (hereinafter referred t as Terms and Cnditins ) and shall entitle the Custmer t certain rights and remedies cncerning the perfrmance f the Kalaam s netwrk. All Custmer rights as described in this dcument are subject t cnditins and exclusins as set frth in Clause 12 hereunder. 1. Definitin f Terms 1.1 SLA is the agreed level f service t be prvided (Service Level Agreement). 1.2 Cver Time (CT) is a perid f time during which Kalaam is respnsible fr cmpliance with the SLA as stipulated herein within the mnitred perid. Cver time is expressed in minutes per mnth. 1.3 Outage Time (OT) is a perid f time during which the service will nt be available fr justified reasn as stated in Clause 3.1, and it will nt be calculated as unavailability time f the service. Outage Time is expressed in minutes per mnth. 1.4 Unavailability Time (UT) is a perid f time during which the service will nt be available fr any unjustified reasn and it will be calculated as unavailability time fr the service. Unavailability time is expressed in minutes per mnth. 1.5 Time t Repair, als referred t as TTR, is the guaranteed time t reslve a Hard Outage truble ticket frm the time Kalaam Telecm Service Centre peratr receives and acknwledges the receipt f Custmer s fault reprt by phne r email. 1.6 Respnse Time is the guaranteed time t respnd t a fault reprt calculated as a perid between custmer s cntact persn reprting f fault by phne r email t Kalaam Telecm Service Centre peratr and the mment f Kalaam Telecm Service Centre peratr respnse t the custmer s cntact persn abut accepting fault reprt and start wrking t fix the fault. 1.7 Service Availability (SA) is the guaranteed availability f the service expressed as a prprtin f time during which the custmer can use the service in the agreed extent and quality as defined in its technical cnditins and Cver time (CT) within the mnitred perid. The SA final value is expressed as a percentage r in minutes per mnth. 1.8 Kalaam Telecm Service Centre peratr is Kalaam Telecm cntact persn, and Kalaam Telecm Service Centre emplyee, fr reprting f faults and their handling. 1.9 Hard Outage is ttal lss f Service. 1.10 Kalaam shall prvide t the Custmer the service (the Service ) which has been indicated n the Subscriptin Frm. The Service is subject t these Terms & Cnditins printed herewith, except where expressly stated therwise. 1.11 Kalaam cannt guarantee that the Service prvided will be free frm faults and interruptins which arise frm factrs which are utside f Kalaam s cntrl, whether as a result f netwrk perfrmance, third party interference r therwise. The Custmer accepts that in sme cases that they may nt be able t receive the subscribed Service wing t certain technical restrictins that may arise, althugh Kalaam shall use reasnable endeavurs t keep any disruptin t the prvisin f the Services in such circumstances, t a minimum. 2. SLA Parameters The Custmer and Kalaam hereby agree n the fllwing SLA parameters and values: Parameter Guaranteed Value Service Availability As per Clause 3 Outage Ntificatin Time Installatin Lead Time Time t Repair Respnse Time 3. Service Availability Scheduled Emergency Wired 3 Calendar Days 4 Hurs Wireless 6 Weeks 4 Weeks 6 Hurs 1 Hur Kalaam guarantees that the Service will be available as mentined in Clause 2, as calculated n a calendar mnth basis, and will be based n the fllwing installatin ptin: Single circuit, single ruter measures availability fr sites that have n backup circuit. 3.1 The Outage Time (OT) is expressed in minutes per mnth and culd happen fr any f the fllwing reasn: f) Interruptins due t scheduled maintenance activities, while scheduled maintenance activities shall mean scheduled planned interruptins in the service prvisin r scheduled maintenance activities and preventive measures that may lead t interruptins in the service prvisin n the part f Kalaam, Kalaam shuld infrm the Custmer with the reasns, date, and time t start and end the scheduled maintenance activities. g) Interruptins due t emergency maintenance activities, while emergency maintenance activities shall include unscheduled peratin that cause interruptins in the service prvisin r ther emergency maintenance activities that may lead t peratin interruptins in the service prvisin n the part f Kalaam, Kalaam shuld infrm the Custmer with the reasns, date and time t start and end the unscheduled activities. h) Temprary interruptins in the service prvisin n request f the Custmer, r any interruptins caused by the Custmer like imprper use f Kalaam s equipment n Custmer s premises, r pwer utages in Custmer s lcatin, r fault n Custmer s internal wiring, r any failure in cperatin with Kalaam during any fault clearance. i) Temprary interruptins in the service prvisin due t any mdificatin n the service n request f the Custmer, j) Interruptins due t unfreseeable and unavidable circumstances (frce majeure), such circumstances shall be especially: natural disasters, fires, epidemics, accidents, unfreseeable and unusual pwer utages, administrative restrictins and ther acts f lcal bdies f the state administratin, the gvernment r ther relevant authrities, states f natinal defensive alert, civil unrest, sabtage, and strikes as well as ther instances f distinct severity. 3.2 The Unavailability Time (UT) expressed in minutes per mnth and is the service utage time under Kalaam s respnsibility caused fr any reasn nt included in Clause 2 and 0. 3.3 Service Availability (SA) shall be calculated in line with the fllwing frmula: CT - OT-UT SA [%] ( ) 100% CT OT 3.4 The fllwing tables set ut the Credits t which the Custmer will be entitled in the event f breach f the Service Availability set ut in Clause 2 abve. Availability Credit Table - Single Circuit, Single Ruter Availability Frm T Credit Percentage < 100% 99.70% 0% 99.69% 99.50% 5% 99.49% 99.00% 10% 98.99% 98.00% 15% 97.99% 97.00% 20% 96.99% 96.00% 25% 95.99% 90.00% 30% Less than 90.00% 100% 4. Outage Ntificatin Time 4.1 Kalaam is cmmitted t prvide the Custmer with service utage ntificatin as mentined in Clause 2 abve service utage culd be caused by any emergency maintenance activities r scheduled maintenance activities fr Kalaam s netwrk r systems. 4.2 In the event that Kalaam cmpletely fails t ntify the Custmer abut the utage time fr scheduled and emergency maintenance activities befre it happens, the utage time will be cnsidered as Unavailability Time (UT). In the event that Kalaam fails t ntify the Custmer abut the utage time fr scheduled and emergency maintenance activities in accrdance with Clause 2, Custmer will be entitled t receive a credit equal t 5% f the MRC fr each site that was impacted during a Hard Outage that was nt prperly ntified. Custmer may btain n mre than ne credit per day, irrespective f hw ften in that day Kalaam failed t meet the Outage Ntificatin Time guarantee. 4.3 Custmer ntificatin calculatins will nt include time related t (i) catastrphic r majr events such as fiber cuts r netwrk switch utages that affect multiple custmers and (ii) unavailability f Custmer pint f cntact due t incrrect cntact infrmatin r any ther cause. 5. Chrnic Service Outages If Custmer receives a credit in accrdance with clause 2 f this SLA three times in a 30-day perid, Kalaam will have a 15-day repair perid after the third Kalaam Telecm - Cde f Practice Page 20
incident t remedy the chrnic prblem. If there are any additinal failures within a 15-day bservatin perid after the 15-day repair perid then Custmer may terminate r discnnect the impacted circuit withut incurring early terminatin fees. Custmer must file a claim fr early terminatin in writing within 14 calendar days after the failure in the 15-day bservatin perid. 6. Installatin Lead Time 6.1 The Installatin Lead Time fr the Service is defined as the perid f time t successfully install the Service at Custmer s site. 6.2 The Installatin Lead Time will cmmence upn Kalaam s receipt and acknwledgement f a prperly executed Agreement (including signed Subscriptin Frm), alng with any ther dcuments requested by Kalaam at the time f rdering and will end when the Service is up and billable. 6.3 Credit Structure and Amunts: If Kalaam determines in its reasnable cmmercial judgment that there is an Installatin Lead Time nn-cmpliance, at Custmer's request, Custmer's invice will be credited an amunt equal t 50% f Kalaam s billed setup charges r nn-recurring fees. 6.4 The Installatin Lead Time des nt include any perid f time in which Custmer s premises, equipment, r facilities required t install the service are unavailable. 6.5 7. Time t Repair 7.1 The Custmer s TTR will be based n the Hard Outage time per ruter fr each utage event. The TTR time starts when a truble ticket is pened after a Hard Outage by Kalaam, and cncludes with the restratin f Service. 7.2 Credit Structure and Amunts: The credit calculatin is based n the repair times fr Hard Outages within a calendar mnth. Custmer will be credited accrding t the table belw: TTR Frm [h:mm] T [h:mm] Credit Percentage 0:00 3:59 0% Mre than 4 hurs 5% 7.3 The TTR guarantee des nt apply t the repair f CPE that is nt prvided by Kalaam. 8. Respnse Time 8.1 Kalaam shuld respnse t any fault reprt dne by the custmer within the respnse time defined in Clause 2. 9. Fault Reprting and Handling Prcedure 9.1 The Custmer s cntact persn shall reprt any faults t Kalaam Telecm Service Centre by phne n 16100100 r email supprt@kalaam-telecm.cm. 9.2 Fault reprts shall cntain the fllwing infrmatin: Business name f the Custmer, Custmer cde defined by Kalaam, the name and surname f Custmer s cntact persn reprting the fault Cntact phne numbers, at which the Kalaam Telecm Service Centre peratr shall cnfirm the receptin f the fault reprt, respnd t the fault call, and infrm abut the clearance f ptential faults Time f fault reprting, descriptin f fault, its symptms and any ther infrmatin that can help t accelerate fault clearance Answers t any questins raised by Kalaam Telecm Service Centre peratr if the Custmer is able t prvide such answers 9.3 The Custmer must be ready t supply all necessary data t evidence the presence f a fault and shall prvide all reasnable assistance t Kalaam in determining the cause f the fault cnditin. 9.4 When a fault riginating within Kalaam s netwrk is identified, the Custmer will be prvided with a fault ticket number. This fault ticket number is imprtant and the Custmer shuld make an independent recrd f it. 9.5 Kalaam Telecm Service Centre peratr shall immediately infrm the Custmer s cntact persn abut fault clearance nce it is dne. 9.6 Kalaam Telecm Service Centre peratr shall send a reprt n fault terminatin t the Custmer s cntact persn by email with the fllwing infrmatin: Time fault reprting, time f respnse reprt/rejectin reprt, time f fault clearance Cnfirmatin f fault clearance 9.7 The Custmer s cntact persn shall cnfirm fault clearance by phne r e-mail. 10. Credit Applicatin Prcess 10.1 Any claims r cmplaints in respect f this Service Level Agreement shuld be raised in writing with Kalaam Telecm Service Centre. 10.2 Custmer can request t have cmpliance checked fr all f the SLA parameters defined in Clause 2 when requesting credits in any given mnth. Requests fr credit must be submitted in writing within 30 days f pening a fault ticket. The credit request must cntain the fllwing infrmatin: The date the utage ccurred The time the utage began and ended Any accunt number, circuit ID r reference numbers assciated with the affected Service 10.3 Kalaam s calculatins will be used t determine if an SLA has been missed and a credit is due. Kalaam will credit the Custmer's accunt within 30 days fllwing Kalaam s cnfirmatin f nn-cmpliance with the SLA. 11. Credit Liability and Other Remedies 11.1 The Service credits detailed in this SLA shall be the sle and exclusive remedy (financial r therwise) available t the Custmer fr failure t meet the applicable SLA parameters r any failure, act r missin in relatin t this Service Level Agreement. Nthing in this Service Level Agreement shall limit liability fr death r persnal injury caused by negligence. 11.2 Service credits in any calendar mnth in which a fault ccurs shall nt in any circumstances exceed the ttal mnthly service charge fr such given mnth, regardless f the number f faults reprted and/r ccurring in that perid against an individual service subscriptin. 11.3 Credits are nt cumulative mnth t mnth. 11.4 Kalaam may change the SLA frm time t time effective upn written ntice, which may be delivered in the invice r by ther reasnable means. 11.5 If Kalaam materially reduces the SLA s parameters r credits, Custmer may terminate the Service withut penalty by prviding Kalaam written ntice f terminatin within thirty (30) days f being infrmed f the change. Kalaam may avid terminatin if, within 30 days f receipt f Custmer s written ntice, it agrees t amend the SLA t eliminate the applicability f the material reductin. 12. General Exclusins 12.1 This agreement nly applies t faults fund within Kalaam s netwrk, including cre and edge netwrking cmpnents and interlinks wned and perated by Kalaam. The SLA des nt apply t any equipment cnnected t the circuit r Kalaam s netwrk that is nt managed by Kalaam, including ruters, switches, PBX systems, telephne adapters, etc. 12.2 The fllwing exclusins apply t all SLA parameters cntained in this dcument: N credit will be due t the extent the SLA is nt met because f any act r missin n the part f the Custmer, its cntractrs r vendrs, r any ther entity ver which the Custmer exercises cntrl r has the right t exercise cntrl N credit will be due t the extent the SLA is nt met because f a Frce Majeure event, as defined in the Agreement N credit will be due t the extent the SLA is nt met because f scheduled maintenance by Custmer r entities under Custmer s directin r cntrl N credit will be due t the extent the SLA is nt met because f scheduled maintenance by Kalaam within Kalaam s maintenance windws. Kalaam reserves the right t perfrm essential maintenance n its netwrk that may affect service availability. Kalaam will make every effrt t ntify custmers f such maintenance. N credit will be due t the extent the SLA is nt met because f the amunt f time delays due t Custmer s respnse times N credit will be due t the extent the SLA is nt met because prper pwer is nt available t the CPE N credit will apply (and claims cannt be made) in respect f faults which are the result f misuse r interference with Kalaam supplied and managed equipment. Kalaam Telecm - Cde f Practice Page 21