The purpose of this Service Level Agreement (’SLA’) is to demonstrate Sinch’s commitment to providing 99.95% uptime of our Standard Rate SMS Services as set forth below. This SLA is incorporated into, and made a part of, that certain Service Agreement (defined in Section 6) entered into between Customer and Sinch. The remedies provided in this SLA are the sole remedies available to the Customer for any failure of Sinch to meet its Uptime Commitment (defined in Section 2).
This SLA relates only to Sinch infrastructure, and does not cover issues relating to software, IT systems or web browsers, or other technology or telecommunication devices or services used to send SMS messages.
Pursuant to the terms of this SLA and the Service Agreement, Sinch commits to ensuring the 99.95% availability of at least one of Sinch’s SMS gateways to enable Customer to connect thereto. This 99.95% availability shall allow sending of Standard Rate SMS Messages, measured on a monthly basis, where the:
Should, for any given calendar month during the term of the Service Agreement, Sinch not meet its Uptime Commitment (as defined in Section 2 above), the Customer will be eligible to receive, as its sole remedy and Sinch’s sole liability, a service level credit as set out in clauses 3.1 and 3.2 below.
If, in a calendar month, Sinch fails to meet its Uptime Commitment under this SLA, Standard Business Customers are entitled to receive account credit. These Standard Business Customers must:
Credits shall be applied to the amounts owed by the Customer under the Service Agreement, and the list below outlines the credits available depending on the Standard Business Customer’s location:
If, in a calendar month, Sinch fails to meet its Uptime Commitment under this SLA, Platinum Program Members are entitled to receive account credit. These Platinum Program Members must:
The credit shall be relative to the actual business impact up to a maximum of the fees due under the Service Agreement authorised by the Customer in the calendar month in which the Uptime Commitment failure occurred. If the Customer has already paid the fees due in the calendar month in question, then the Customer’s Sinch account shall be credited for such amount to be offset against the Customer’s next monthly invoice(s).
During the term of the Service Agreement, Sinch will provide Customers access to its standard technical support.
Sinch will provide Standard Business Customers access to technical support during Standard Business Hours, during each Business Day (both terms are defined in Section 6).
Sinch endeavours to provide a personal response to all telephone and chat queries, however during high volume support periods Standard Business Customers may be asked to leave a message through our chat, email or voicemail system. Similarly, if Standard Business Customers place a support chat, email or call before or after the aforementioned access hours, the Customer may be asked to leave a message through our chat, email or voicemail system
If a message is left with Sinch, a technical support officer will respond within the first two (2) Standard Business Hours of the next Business Day.
Sinch will provide Platinum Program Members access to technical support 24 hours a day, 7 days a week. In some circumstances (for example peak times) the Platinum Program Member may be asked to leave a message through a voicemail system. If a message is left with Sinch’s telephone answering service, a technical support officer will return the call as a matter of priority.
By using Sinch’s Standard Rate SMS Service, Customers agree to accept the provisions of this SLA, and the related Uptime Commitment, or their subsequent amendments. Sinch reserves the right to change this SLA from time to time, provided prior notice is given to the Customer before the effective date of any such change.
The table below defines key terms used in this SLA.
| Term | Definition | ||
|---|---|---|---|
| Allowable Downtime | The sum of the number of minutes in a given calendar month Sinch’s SMS gateways are unavailable due to:An Exception (see definition below)Planned Maintenance (see definition below) | ||
| Business Day | A day upon which trading banks in Australia are open for business | ||
| Carrier | Telecommunications carrier | ||
| Customer | A Platinum Program Member or a Standard Business Customer (see definitions below) | ||
| Exceptions | The sum of the minutes in a given calendar month where Sinch’s SMS gateways are unavailable due to any of the following causes: a. Any circumstance beyond Sinch’s control, including without limitation, an act of God, inclement weather, flood, lightning, fire, or any other natural disaster, industrial action, the act or omission of any government, civil unrest, terrorism, war, military operations or riot, or strikes or other labour problems b. Where the Customer cannot access Sinch’s Standard Rate SMS Service as a result of a technical issue at their end, including, but not limited to, hardware or software issues, Internet connectivity issues, services provided by third parties or agents, or other issue outside the control of Sinch c. In the rare case that Standard Rate SMS Messages are not delivered by a Carrier to a particular handset, even though Sinch has correctly passed on the Standard rate SMS Message to the Carrier d. Any other failure attributable to Carriers, any other telecommunications service providers beyond Sinch’s direct control, or attributable to materials or elements provided by the Customer | ||
| Planned Maintenance | Any time the Sinch SMS gateways are unavailable to the Customer in any given calendar month, due to scheduled maintenance and upgrading activities. Such maintenance and upgrading activities shall occur during Sinch’s scheduled maintenance window, or at an alternate time given five (5) days’ advance notice. This notice may be given via email. | ||
| Platinum Program | The plan under which any Customer pays Sinch a one-off establishment fee and a monthly service fee as set out in the Service Agreement, or as amended by Sinch at its absolute discretion for the Standard Rate SMS Service. | ||
| Platinum Program Member | A Sinch Customer who has joined Sinch’s Platinum Program | ||
| Service Agreement | The service agreement attached to the Customer’s application for use of the Standard Rate SMS Service | ||
| Standard Business Customer | A Customer who is not a Platinum Program Member | ||
| Standard Business Hours | 9:00 am to 5:00 pm Australian Eastern Standard Time (AEST) | ||
| Standard Rate SMS Message | A standard text message sent via Sinch’s SMS gateway to a third party | ||
| Standard Rate SMS Service | A service provided by Sinch which enables the Customer to send and / or receive Standard Rate SMS Messages | ||