Service Definition
&
Service Levels
Service:
DMS provides enhanced Internet Protocol Voice Services and are not subject to regulation as telephony services.
Hours of Service:
The Service is offered 24 hours per day, 7 days per week.
Interruption of Service:
In the event of an interruption of Service (“Outage”), Customer shall be entitled to a credit in an amount equivalent to the pro-rated monthly charge for the period of the Outage, but only where the interruption is not the result of: (a) the fault or negligence of Customer; (b) any planned interruption or routine maintenance; or (c) other circumstances beyond the control of DMS, including but not limited to any Excusable Delay or Failure contemplated by the following section.
Customer acknowledgement that use of the Services, selection and use of DMS equipment and Customer's own network equipment, and provision of back up power in the event of outages are at its own risk. DMS will not be liable for the use by Customer of the Services, or for any lost revenue, lost profits, direct, incidental, special, punitive, indirect, or consequential damages, even if advised of the possibility of such damages, including, without limitation, any failure or delay in providing the Services caused by or attributable to acts or omissions of any underlying carriers, power outages, equipment, network or facility failure, failure of incoming or outgoing calls, including 9-1-1 emergency calls, degradation of voice or quality, or for any other circumstances beyond the reasonable control of DMS, including, without limitation any acts of God such as adverse weather condition, fire, flood, riot, strike, accident, war, governmental requirement, inability to secure materials, labor or transportation, cable cut or other similar cause. Customer acknowledges that DMS will route 9-1-1 emergency calls according to industry standards using the address as reflected on the Service Order, and that in the event of failure of the Services 9-1-1 emergency calls may not be completed successfully. The Customer is responsible for ensuring that its premise equipment is functional and that power is available to such Customer Premise Equipment provided by DMS.
Service Outage:
Outage begins upon the earlier of (a) DMS's receipt of written notice from the Customer of an Outage, or (b) DMS's actual knowledge of such Outage, and the credit allowance ceases when the Service has been restored and DMS has attempted to notify the Customer thereof. Credits as a result of an Outage are given only when Customer notifies DMS that such credit is due.
Service interruption Credit:
For purposes of credit computation, every month shall be considered to have 720 hours and no credit shall be allowed for an Outage of less than 30 minutes. Only that portion of the Service which is interrupted due to the Outage is credited n o other credit is due to the customer for service provision the customer may not withhold payment of fees or any portion of fees due to DMS.
Service Credit Request:
To request a credit, Customer must contact Digital Management Services Customer Service or deliver a written request (with sufficient detail necessary to identify the affected Seats and Service) pursuant within fifteen (15) days of the end of the month for which a credit is requested.
Total Service Credits:
In no event will the cumulative total of the Service Credits for all Service Levels above exceed the MRC (Monthly Recurring charges) in the month affected. For the avoidance of doubt, the MRC does not include usage based charges.
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