SERVICE LEVEL AGREEMENT
Call Tracking Service – Direct

  • 1SUPPORT
  • 1.1ResponseTap shall provide telephone and e-mail support (“Support”) to the Customer during the hours of 9am to 5pm in the Territory during each Business Day (“Normal Business Hours”).
    The Customer shall promptly report any error or fault in the Tracking Code, Call Routing or Reporting Facility which causes the interruption, unavailability or failure of any part of the Call Tracking Service (each, an “Incident”)
    to ResponseTap by submitting a support request (a “Trouble Ticket”) either:
    • (a)on ResponseTap's web based support system;
    • (b)by sending an email to support@responsetap.com; or
    • (c)by calling (646) 582 8780 or such other number as ResponseTap may provide.
  • 1.2If any Incident occurs outside of Normal Business Hours, the Customer must submit a Trouble Ticket by calling the “out of hours”’ telephone number provided by ResponseTap from time to time. If the Customer uses any other method to submit a Trouble Ticket outside of Normal Business Hours, the Trouble Ticket will be deemed to be logged at 9am on the next business day following submission of the Trouble Ticket by the Customer.
  • 1.3Following receipt of a Trouble Ticket, ResponseTap will send the Customer confirmation it has received the Customer's Trouble Ticket. The Customer shall provide all such supporting information in connection with the Incident as ResponseTap may reasonably request, which may include any IP address(es), any Originating Number or Destination Number and the Target Resolution Time will not begin until the Customer has provided ResponseTap with all such information.
  • 1.4ResponseTap shall undertake a preliminary investigation of the Incident and shall determine (acting reasonably) the priority level (as set out in paragraph 3 below) to which the Trouble Ticket will been assigned. Upon request from the Customer, ResponseTap shall confirm to the Customer the priority level assigned to a Trouble Ticket. ResponseTap shall use reasonable endeavours to resolve an Incident in accordance with the Target Resolution Time applicable to the priority level assigned to the Incident, as set out in paragraph 3 below.
  • 1.5Incidents resulting from:
    • (a)the Customer’s misuse of the Call Tracking Service;
    • (b)the alteration or modification of the Call Tracking Service or any part thereof by any party other than ResponseTap;
    • (c)combination of the Call Tracking Service and/or Tracking Code, or use of the Call Tracking Service and/or Tracking Code, in conjunction with any hardware, software, products and/or services not provided or approved for use by ResponseTap;
    • (d)failure of the Customer to comply with the Master Terms and Conditions, Call Tracking Service Specific Terms and/or any instructions of ResponseTap,
  • will not be covered by the Support. The terms of this Call Tracking Service SLA and the provision of Support shall not apply to any Call Tracking Additional Services. Support will only be provided in respect of the current released version of the Tracking Code.
  • 2Priority Levels
  • PriorityDescription Target Resolution Time
    1Incidents where the entirety of the Call Tracking Service is unusable and has stopped operations and no reasonable circumvention or fix is available to the Customer.

    In the event of the failure of Call Routing for all Calls, this shall be a Priority 1 Incident.

      Incident to be resolved within:

    four (4) hours if the Trouble Ticket is received by ResponseTap within Normal Business Hours; and


    eight (8) hours if the Trouble Ticket is received by ResponseTap outside Normal Business Hours,


    if the Incident is within the control of ResponseTap (with the exception of suppliers (including telecommunication service providers, network providers, telephone operators and carriers) over whom ResponseTap has no control), in each case, such Target Resolution Times to be calculated from the time of proper submission by the Customer of a Trouble Ticket and all relevant information required by ResponseTap in accordance with paragraph 1 above.

    2Incidents where: (a) Customer has experienced a partial failure of the Call Tracking Service but can operate the system at a reduced level of efficiency or performance and where no workaround is available (where a workaround is available, the Incident shall be a Priority 3 Incident); and (b) more than 10% of Calls in any one hour period experience poor sound quality.

    For the avoidance of doubt, the failure of individual Call Tracking Numbers to connect to the relevant Destination Number shall fall within this Priority 2 category unless more than 10 (ten) Call Tracking Numbers have failed at one time within a period of five (5) minutes, in which case such failure shall be considered a Priority 1 failure.

     Incident to be resolved within twenty-four (24) hours of proper submission by the Customer of a Trouble Ticket and all relevant information required by ResponseTap in accordance with paragraph 1 above if the Incident is within the control of ResponseTap (with the exception of suppliers (including telecommunication service providers, network providers, telephone operators and carriers) over whom ResponseTap has no control).
    3Incidents where a Customer has experienced a partial failure of the Call Tracking Service but can operate the system at a reduced level of efficiency or performance and where a workaround is available. Incident to be resolved within forty-eight (48) hours of proper submission by the Customer of a Trouble Ticket and all relevant information required by ResponseTap in accordance with paragraph 1 above if the Incident is within the control of ResponseTap (with the exception of suppliers (including telecommunication service providers, network providers, telephone operators and carriers) over whom ResponseTap has no control).
  • 3Call Tracking Service Credits
  • 3.1In the event that ResponseTap fails to resolve an Incident within the applicable Target Resolution Time set out above, subject to any limitations set out in this paragraph 3 and in paragraph 4 below, the Customer will be eligible to receive a service credit in respect of such Incident as detailed below:
    • (a)In respect of a failure to comply with the Target Resolution Time for a priority 1 Incident, the Customer shall receive a credit of 5% of the Charges paid by the Customer in respect of the Call Tracking Service during the immediately preceding Service Month for every full one (1) hour during which the Incident continues to occur in excess of the Target Resolution Time, up to a maximum of 100% of the Charges paid by the Customer in respect of the Call Tracking Service during the immediately preceding Service Month.
    • (b)In respect of a failure to comply with the Target Resolution Time for a priority 2 Incident, the Customer shall receive a credit of 2.5% of the Charges paid by the Customer in respect of the Call Tracking Service during the immediately preceding Service Month for every additional full two (2) hours during which the Incident continues to occur in excess of the Target Resolution Time, up to a maximum of 50% of the Charges paid by the Customer in respect of the Call Tracking Service during the immediately preceding Service Month.
    • (c)In respect of a failure to comply with the Target Resolution Time for a priority 3 Incident, the Customer shall receive a credit of 1% of the Charges paid by the Customer in respect of the Call Tracking Service during the immediately preceding Service Month for every additional full one (1) day during which the Incident continues to occur in excess of the Target Resolution Time, up to a maximum of 20% of the Charges paid by the Customer in respect of the Call Tracking Service during the immediately preceding Service Month,
  • 3.2Call Tracking Service Credits.
    • (d)The maximum total amount of all Call Tracking Service Credits payable to the Customer in any one Service Month in respect of all Incidents occurring in that Service Month in respect of all Customer Websites that may be affected shall not exceed in aggregate the lower of 200% of the Charges paid by the Customer in respect of the Call Tracking Service for the immediately preceding Service Month or $5,000. Call Tracking Service Credits that would be due to such Customer but for the aforementioned limitation will not be carried forward to any future Service Month.
    • (e)Call Tracking Service Credits shall be the Customer’s sole and exclusive remedy, and ResponseTap’s entire obligation and liability, in respect of any Incident.
    • (f)In order to claim any Call Tracking Service Credits that the Customer may be eligible for pursuant to this paragraph 3, the Customer must submit a written request to ResponseTap within thirty (30) days of the occurrence of any Incident. ResponseTap shall not be liable to pay any Call Tracking Service Credits where the Customer has failed to submit its request to ResponseTap within such period. Where any Call Tracking Service Credit is payable under this Call Tracking Service SLA, ResponseTap shall apply a credit equal to the amount of Call Tracking Credit payable against the Customer’s next invoice and the amount of such Call Tracking Credit shall be deducted from such invoice.
    • (g)In this paragraph 3, references to Charges do not include any fees, charges or costs paid in respect of any Call Tracking Additional Services. Any such fees, charges or costs shall not be taken into account for the purposes of calculating the amount of any Call Tracking Service Credits which may be due to the Customer in accordance with this Call Tracking Service SLA.
  • 4Limitations
  • 4.1A Customer shall not be entitled to any Call Tracking Service Credits if:
    • (h)the Incident arises from a breach by the Customer, of any of the Master Terms and Conditions or these Call Tracking Service Terms;
    • (i)it is in breach of any of the Agreement or these Call Tracking Service Terms (including its payment obligations) until the Customer has remedied such breach, provided that the Incident was not caused by such breach;
    • (j)any Incident arises as a result of planned or emergency maintenance undertaken by ResponseTap pursuant to paragraph 5 below.
  • 4.2ResponseTap shall not be liable for any Incident or to pay any Call Tracking Service Credits for an Incident caused by factors outside its reasonable control including any Force Majeure Event occurring under the Master Terms and Conditions (which shall include any distributed denial of service attack affecting any Customer Website, any failure or interruption of any telecommunications network or any fault or delay by any telecommunications network operator or carrier), any network faults or interruptions or any problems with the hardware or software used by the Customer to gain access to the Call Tracking Service.
  • 4.3The Target Resolution Times and payment of Call Tracking Service Credits set out in this Call Tracking Service SLA do not apply to any Incidents occurring in relation to:
    • (k)any Reporting Facility, Call Recording or Custom Caller ID Service provided by ResponseTap;
    • (i)any Incident arising as a result of any event or activity which gives rise to, or is likely to give rise to, a significant increase in traffic to any Customer Website, including natural seasons with associated increase in traffic, the introduction of a new range of products or services, a sales promotion, mass mail shot, or any other marketing activity aimed at causing, or resulting in, an increase in traffic to the Customer Website (a “Surge Event”); or
    • (m)any suspension of the Call Tracking Service in accordance with paragraph 5.1 or 5.2 of this Call Tracking Service SLA.
  • 4.4In the event that:
    • (a)the Customer has contracted with ResponseTap for the provision of any other Services provided by ResponseTap in addition to the Call Tracking Service under different Service Specific Terms; and
    • (b)a Service Level Failure occurs which gives rise to a Call Tracking Service Credit being payable under this Call Tracking Service SLA and also a service credit being payable under any SLA contained in any of the other Service Specific Terms,
    • the maximum total amount of service credits payable to the Customer in any one Service Month, cumulatively in respect of all incidents which affect the Customer and which give rise to a service credit under the SLAs contained in any of the relevant Service Specific Terms (including this Call Tracking Service SLA) during that Service Month, shall not exceed in aggregate $5,000.
  • 5Maintenance
  • 5.1ResponseTap shall be entitled to suspend the Call Tracking Service without notice in the event that it wishes to carry out any planned or emergency maintenance, upgrade works, fixes, error resolutions or back-ups. ResponseTap will use reasonable endeavours to undertake any planned maintenance outside of Normal Business Hours. ResponseTap will use reasonable endeavours to minimise the duration of any suspension to the Call Tracking Service for maintenance purposes and in the event that the Call Tracking Service is to be suspended for more than one hour for any planned maintenance, ResponseTap will seek to inform the Customer in advance of any suspension where possible.
  • 5.2In the event that the Call Tracking Service provided by ResponseTap to other customers is disrupted, impaired or adversely affected as a result of:
    • (a)the provision of the Call Tracking Service to the Customer, including as a result of the Customer's network or systems; a Surge Event affecting any of the Customer Websites; or a distributed denial of service attack, or the transmission of viruses or other technologically harmful material, directed at or affecting any of the Customer Websites; or
    • (b)the failure by the Customer to correctly install any Software or Updates required in order to use the Call Tracking Service,
  • ResponseTap reserves the right immediately without notice or liability to the Customer at its discretion to terminate, block or suspend access to or use of the Call Tracking Service or any part thereof to the Customer to protect ResponseTap’s network integrity.