Date of Last Revision – 12 December 2016

The following SMS Service Level Agreement (“SLA”) applies only to those Customers who have purchased a Service which CLX has agreed to support with this SLA. Please refer to your Agreement with CLX or contact your Account Manager if you are unsure whether the SLA applies to your Services.

The SLA is governed by and may be subject to change in accordance with the Terms of Service at https://www.clxcommunications.com/terms-of-service/ (“Terms of Service”).

Please refer to the Terms of Service and Section 4 below for the meanings given to capitalized terms in this SLA and Support Agreement.

1. Service Levels

CLX will use reasonable endeavours to meet the following service level:

AVAILABILITY TARGET:

Availability of 99.9% in each Month.

2. SLA Exceptions

CLX shall not be responsible for any failure to comply with any part of the SLA to the extent such failure results from one or more SLA Exceptions.

3. Measurement

Tracking of performance against the SLA shall be undertaken by CLX using its internal measuring tools and processes.

4. Definitions

  • Available” means that the Platform is available for the transmission and reception of Messages. “Availability” shall be construed accordingly.
  • “Message” means any mobile originated and/or mobile terminated SMS.
  • “Month” means a calendar month.
  • “Platform” means the messaging platform used by CLX to provide the Services.
  • “SLA Exceptions” means any failure to meet a service level as a result (either wholly or in part) of: (a) maintenance; (b) acts or omissions of Service Providers; (c) force majeure conditions referred to in the Terms of Service; (d) suspension of the Services in accordance with the TOS; (e) Customer caused issues including (but not limited to): (i) any failure to provide information requested by CLX; (ii) any failure to interface to the Platform in accordance with CLX’s instructions; or (iii) the throughput which CLX has agreed to provide under the Agreement being exceeded).
  • “SMS” is an acronym for short messaging services. An SMS means an alpha-numeric message of no longer than 160 characters.
  • “Resolution” means that CLX has determined that a Service Issue has been fixed, resolved or worked around.
  • “Response Time” means that CLX has provided an acknowledgement to the Customer that the Service Issue has been logged (by email or telephone).
  • “Service Issue” means the Platform and/or Services are not able to be accessed or used substantially in accordance with your Agreement with CLX.
  • “Support Exceptions” means any failure to meet a service level as a result (either wholly or in part) of: (a) maintenance; (b) acts or omissions of Service Providers; (c) force majeure conditions referred to in the TOS; (d) suspension of the Services in accordance with the TOS; (e) Customer caused issues including (but not limited to): (i) any failure to provide information requested by CLX; (ii) any failure to interface to the Platform in accordance with CLX’s instructions; or (iii) the throughput which CLX has agreed to provide under the Agreement being exceeded).
  • “Working Hours” for customers in the Americas means 9am until 5.30pm Eastern Time (Monday to Friday, excluding bank or public holidays), for customers in EMEA means 9am until 5.30pm GMT/BST (Monday to Friday, excluding bank or public holidays) and for customers in APAC means 9am to 5.00pm SGT (Monday to Friday, excluding bank or public holidays).

5. Support Agreement

5.1 How do I report Service Issues to CLX?

Customers should report all Service Issues to CLX Customer Support, using one the following methods:

• Email: support@clxcommunications.com
• Telephone:  +1 408 617 3789 (AMER customers), +65 3157 5481 (APAC Customers) or +44 208 033 7761 (EMEA customers).
• CLX customer portal at manage.clxcommunications.com

5.2 What happens after I have reported a Service Issue?

CLX will log a trouble ticket in its support system and give the Service Issue one of the following “Priority Definitions”:

  • PRIORITYDEFINITION
    1All messaging-related and/or production-related Services are unavailable
    2Total loss of connectivity to the Services or material degradation in delivery of all messages sent through the Services to a Service Provider.
    3Messages sent through the Services to 10 or more mobile devices have not been delivered as expected.
    4Messages sent through the Services to less than 10 mobile devices have not been delivered as expected.
    5A request for data or information pertaining to Services, including reports or technical details.

 5.3 Within what timeframes will CLX try to respond to and resolve my Service Issue?

This depends upon the Priority Definition given by CLX to the Service Issue and whether you have Basic Support or the Pro Support package.

Please contact your account manager or if you are unsure which applies to your account or if you wish to purchase a higher level of support.

When a Service Issue is reported in accordance with Section 1 above, CLX will use reasonable endeavours to comply with the following Response and Resolution times:

Basic Support

  • SEVERITYRESPONSE (Working Hours)RESOLUTION (Working Hours)PROGRESS REPORT (Working Hours)
    11 Hour2 HoursEvery hour until resolution
    21 Hour4 HoursEvery 2 hours until resolution
    34 Hours24 HoursEvery 8 hours until resolution
    48 Hours48 HoursEvery 24 hours until resolution
    524 Hours80 HoursAt resolution

Pro Support

  • SEVERITYRESPONSE (Working Hours)RESOLUTION (Working Hours)PROGRESS REPORT (Working Hours)
    130 Minutes2 hoursEvery hour until resolution
    230 Minutes4 HoursEvery 2 hours until resolution
    32 Hours12 HoursEvery 4 hours until resolution
    44 Hours24 HoursEvery 8 hours until resolution
    524 Hours40 HoursAt resolution

Each Response and Resolution timescale commences at the point which CLX logs a trouble ticket in its support system.

CLX shall not be responsible for any failure to comply with any part of this Support Agreement to the extent such failure results from one or more Support Exceptions.

5.4. Does CLX conduct maintenance?

CLX will use reasonable endeavours to perform planned maintenance on weekdays between the hours of (a) 02:00 to 05:00AM GMT/BST for Customers connected to the Platform in the EU; and (b) 01:00 to 04.00AM Pacific Time on weekdays for Customers connected to the Platform in the US.

In the case of unplanned maintenance, CLX will use reasonable efforts to provide 24 hours’ email notice, if practicable.

Additionally, CLX will use reasonable efforts to give the Customer advance email notice of any planned maintenance by Service Providers which affects Services relating to particular destinations (provided CLX gets equivalent notice from the applicable Service Providers).