Cloud One Service Level Agreement

THE UNDERSIGNED: 

1. Cloud One Limited, a company formed and existing under the laws of Kenya, with its registered office at Saachi plaza Unit A3, Argwings Kodhek Road, P.O. Box 18814-00500, Nairobi, Kenya  (hereinafter “Cloud One” which expression shall include its affiliates, subsidiaries, successors and permitted assigns), company registration number PVT-5JUEYMA, VAT/TAX Number P051663474Z.

and

2. Your company(“Customer”);

(Individually referred to as “Party” and collectively referred to as “Parties”) 

TAKING INTO CONSIDERATION THAT:

• Cloud One supplies its clients with communication services, including (without limitation) the allocation of Cloud One phone numbers, Toll Free Numbers, Golden Numbers, SIP Trunks , SMS , Voice Optimised Virtual Machine hosting, Managed & Self Managed PBX & other services; 
• Client obtains Services from Cloud One and has requested Cloud One to provide insight in and to provide clear guarantees on the performance level of Cloud One in relation to the Services;
• Cloud One takes pride in providing its Services with a very high service level and is willing to give the requested guarantees on its Service Availability and TTR performance.

THE PARTIES HAVE THEREFORE AGREED AS FOLLOWS:

Article 3 - Service Availability 

1. Cloud One guarantees a Service Availability of 99.9%. 
2. Service Availability is expressed as the percentage of time in which the Service was available during the measurement period. Service Availability is measured per number.
3. Services are considered to be unavailable in the event of the loss of signal in one or both transmission directions. In all other cases a Service is considered available.
4. Unavailability as a result of scheduled maintenance, updates or modifications is not taken into account when calculating the unavailability, provided that the (possibility of) unavailability was communicated to the Client upfront. This means that Services are deemed to be fully available during scheduled maintenance, updates or modifications.
5. The measurement period is one year from the date of activation and every following year on the same date.
6. In case the Service Availability is less than 99,9%, the Client can claim for compensation in accordance with the following table:

SERVICE AVAILABILITY	COMPENSATION
> 99,9 %	No compensation
98 % - 99,9 %	5% of the annual MRC
96 % - 97.9 %	6% of the annual MRC
< 96 %	7% of the annual MRC

In no case, the annual compensation per Client will amount to more than KES 100,000.00

Article 4 - Time to Repair

Cloud One guarantees to solve any case of unavailability within 4 hours of notification (TTR of 4 hours).

1. In case of Off-net issues, the 4 hours guarantee does not apply. In these cases, Cloud One strives for a TTR of 8 hours.
2. The TTR is definitively measured by the Cloud One Help Desk System. The system starts when the customer reports a fault in conformity with article 5 and a fault report is opened by Cloud One. The calculation ends when Cloud One has solved the issue and has closed the fault report. Cloud One will alert (or attempt to alert) the Client when the problem has been solved.

Escalation Process and Issue Classification

Cloud One is committed to providing excellent service and minimizing the impact of any service interruptions. We recognize that no service is completely fault-free, despite our best efforts to deliver reliable performance. Through regular system monitoring, precautionary measures, and proactive maintenance, we aim to ensure our customers experience high levels of satisfaction.

To handle issues efficiently, Cloud One classifies reported problems into three categories based on severity: Medium, High and Urgent. This classification helps prioritize responses and ensures timely resolution. The examples below are illustrative and not exhaustive:

3. • Medium Issues (typically addressed within standard response times, with minimal impact on core service):

     • Dialed number not reachable in the first few tries.
     • Extension not registering on PBX (on unsupported phones).
     • Cannot change phone status.
     • PBX report issue.

   • High Issues (may affect partial functionality; escalated for prompt investigation):

     • None of the dialed numbers can be reached.
     • Extension not registering on supported phones.
     • Extension cannot call out or receive calls.
     • Cannot dial to a particular number.
     • Billing mismatch.
     • Call recording issue.
     • IVR (Interactive Voice Response) problems.

   • Urgent Issues (critical outages requiring immediate escalation and full resource allocation):

     • Client trunk down.
     • Complete failure of the system.

Process for Reporting a Problem

The process for reporting a problem begins with opening a ticket through the Cloud One ticketing system. Customers can submit a ticket via:

4. • Their internet-enabled device by accessing our web portal.
   • Email to our support address: support@cloudone.co (if the portal is unreachable).
   • A direct call to our customer support line: +254 20 790 0 100 (if internet access is unavailable).

All tickets receive a standard acknowledgment/response within 30 minutes. Depending on the reported problem and its classified severity, the issue will be handled according to our escalation chart detailed below. This ensures alignment with the TTR commitments outlined above:

Escalation Chart - Response time

Problem Severity	Acknowledge time  (Minutes)	Max. Resolution Time (hrs) During Work Hours	Max. Resolution Time (hrs) After-Work Hours
Medium	30	4	24
High	30	4	8
Urgent	30	1	4

Escalation Matrix

3. If the Service is not repaired within the guaranteed TTR, the Client can claim for compensation in accordance with the following table:

​Under no circumstances will the annual compensation per Client exceed KES 100,000.00.

4. The average call charges is the average of the call charges invoiced in the last three months prior to the event.

5. The TTR guarantee only applies in case a Service is unavailable (see Article 3, point 3). It does not apply to faults relating to reduced provisions of Services or the quality of Services.

Article 5 - Reporting of Faults

Any fault in the Service provided by Cloud One must be reported to Cloud One immediately using the Cloud One support number +254 20 7900100 (available 24x7x365) or emailing support@cloudone.co

Article 6 Claims for Compensation

1. Claims for compensation must be filed within 30 days from the end of a measurement period (Service Availability) or from the relevant event (TTR), whatever applies. Claims must be made in writing, citing the reasons, and submitted to the Cloud One Account Manager. Claims filed after 30 days will be time-barred.
2. In all cases, Cloud One’s data is final and binding for both parties, save fraud or manifest error.

Article 7 Contractual Conflicts

In case of any conflict, ambiguity or inconsistency between the terms and conditions of this Service Level Agreement and the terms set out in other documents in relation to the Agreement, the terms in the Service Application Forms shall prevail over the Service Level Agreement. The terms in the Service Level Agreement shall always prevail over the STC.