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Service Level Agreement (SLA)

1. Purpose & Scope

This Service Level Agreement (“SLA”) sets forth the service performance commitments, support procedures, and remedies provided by United States Telecommunications Corporation (“TeleFortress” or “Company”) to its customers under eligible services. It applies to enterprise clients, government customers (including U.S. federal agencies), and general commercial customers (collectively, “Customers”) who utilize the Covered Services defined below. The purpose of this SLA is to define the scope of TeleFortress’s service level commitments and the responsibilities of both TeleFortress and the Customer, ensuring clarity and accountability for service performance. This SLA is incorporated by reference into Customer agreements and is legally binding and enforceable as part of the overall contract for TeleFortress services.

Scope: This SLA covers TeleFortress’s telecommunications services as described in Section 2, specifying the uptime guarantees, support response times, quality metrics, and remedies available to the Customer. It outlines what service levels TeleFortress commits to, how issues are classified and addressed, and the circumstances under which service credits or other remedies apply. It also details exclusions and Customer obligations that fall outside the SLA’s protection. All Customers, including enterprise and government Clients, are entitled to the benefits of this SLA, unless a separate custom SLA has been executed (see Section 9 for custom SLAs). Any conflict between this SLA and another agreement shall be resolved in favor of the specific terms of this SLA with respect to service levels, except where a custom SLA or Master Service Agreement provides otherwise.

2. Covered Services

This SLA covers the following Covered Services provided by TeleFortress, including any associated features and functionalities:

  • Enterprise SIP Trunking: High-capacity voice connectivity service for enterprise telephony, enabling businesses to route voice calls over IP using Session Initiation Protocol (SIP) trunks. This includes direct inbound and outbound calling functionality for enterprise PBX systems with carrier-grade reliability.
  • Wholesale VoIP Termination: Voice termination services for carriers and service providers, allowing high-volume outbound call delivery to domestic and international destinations via TeleFortress’s network. Wholesale customers leverage this service for terminating calls globally with competitive rates and guaranteed quality.
  • DID Origination & Toll-Free Services: Provisioning of Direct Inward Dial (“DID”) local phone numbers and toll-free numbers, and carrying inbound calls from the public telephone network to the Customer’s equipment. This covers local number origination across U.S. markets and toll-free (800/8xx) call origination with reliable call delivery to the Customer’s network.
  • BYOC Solutions (Bring Your Own Carrier): Integration services for third-party communication platforms where TeleFortress provides the carrier connectivity. This includes SIP connectivity for Microsoft Teams (Direct Routing), Zoom Phone, and Contact Center as a Service (CCaaS) or Communications Platform as a Service (CPaaS) solutions. TeleFortress’s network carries the calls to/from these platforms under BYOC arrangements, while the platform’s own services remain outside the scope of this SLA.
  • E911 Emergency Calling Services: Enhanced 911 calling capabilities enabling Customers to route emergency calls to Public Safety Answering Points (PSAPs). TeleFortress provides E911 call transport and address registration services to ensure emergency calls are delivered to the appropriate authorities. Due to the critical nature of 911, this service is held to the highest reliability standards.
  • STIR/SHAKEN Call Authentication: Caller ID authentication services embedded in TeleFortress’s voice offerings, in compliance with the STIR/SHAKEN framework. All outbound calls originating from TeleFortress are signed with digital certificates to attest caller identity, and inbound calls are verified for authenticity. This service helps combat caller ID spoofing and illegal robocalls by providing full caller authentication on TeleFortress’s network.

Note: The above services are collectively referred to as the “Covered Services” in this SLA. TeleFortress may update the list of Covered Services from time to time by public notice or amendment to this SLA. Services or features not expressly listed above are outside the scope of this SLA or may be governed by separate terms. This SLA applies uniformly to all Covered Services used by enterprise, federal, and other commercial customers of TeleFortress, except where a custom agreement specifies different service levels.

3. Network Availability Commitment

TeleFortress is committed to delivering highly reliable and available network services. Network Availability is defined as the percentage of time the Covered Services are operational and accessible by the Customer, as measured over a calendar month. TeleFortress guarantees the following minimum monthly uptime for each Covered Service (each measured independently), excluding periods of scheduled maintenance and other approved exclusions as defined below:

  • Enterprise SIP Trunking & Wholesale VoIP Termination: 99.999% availability per month. This “five nines” level of uptime equates to virtually continuous service (approximately no more than a few minutes of downtime in an entire year).
  • DID Origination & Toll-Free Services: 99.995% availability per month. TeleFortress’s inbound voice services (local DIDs and toll-free) are engineered for carrier-grade availability, allowing at most only a few minutes of downtime per year on average.
  • BYOC Integration Services: 99.99% availability per month for TeleFortress-provided network connectivity into third-party platforms (Teams, Zoom, CCaaS/CPaaS). TeleFortress guarantees its voice network segment in a BYOC scenario meets this uptime target. (Outages or downtime originating within the third-party provider’s platform or outside TeleFortress’s network are excluded from this SLA, as TeleFortress can only guarantee the portions of the service under its control.)
  • E911 Emergency Calling: 99.999% availability per month. TeleFortress prioritizes emergency call reliability and maintains redundant routing and carrier partnerships to ensure E911 call completion with extremely high uptime. (As with other services, any failures due to incorrect end-user information or PSAP network issues are beyond TeleFortress’s control and excluded from uptime calculations.)
  • STIR/SHAKEN Call Authentication: TeleFortress’s caller ID authentication service is available at 99.999% reliability. Calls placed through TeleFortress’s network will include STIR/SHAKEN attestation tokens and verification services will be operational essentially at all times. (Degradation of STIR/SHAKEN does not typically affect call connectivity, but any rare downtimes in certificate servers or authentication services are logged for compliance rather than impacting voice uptime.)

Uptime Calculation: Uptime is measured on a monthly basis for each service as:

 

Uptime % = 100% × (Total minutes service is Available in month / Total minutes in month)

 

For the purposes of calculating uptime, “Available” means the service is functioning normally and can send/receive calls as intended, without a Severity 1 outage (complete loss) for that service. Downtime begins when a service disruption is detected by TeleFortress’s monitoring systems or reported by the Customer through the official support channel, and ends when service is restored. TeleFortress’s records and data will be the source of truth for measuring service availability.

Exclusions from Downtime: The following are not counted as downtime toward the availability commitment: (a) Scheduled Maintenance windows, during which TeleFortress may take the network or systems offline for planned upgrades (see Section 5 and Section 8); (b) Emergency Maintenance needed for critical security patches or to prevent an imminent outage; (c) Customer-caused outages or issues (such as misconfiguration on Customer’s equipment or access circuits, power loss on Customer premises, or bandwidth saturation due to Customer’s network conditions); and (d) Force Majeure events outside TeleFortress’s control (as defined in Section 8). If a service disruption is traced to an excluded cause, that event will be documented but subtracted from the downtime calculations.

TeleFortress will make commercially reasonable efforts to schedule maintenance during off-peak hours and to notify Customers in advance (typically at least 7 days for planned maintenance). Any emergency actions or outages beyond our control will be communicated as quickly as practicable via TeleFortress’s status page or support channels. Subject to these exclusions, TeleFortress stands by the above uptime guarantees. If TeleFortress fails to meet the applicable Network Availability Commitment for a Covered Service, Customers will be eligible for service credits as described in Section 6.

4. Call Quality Metrics

In addition to uptime, TeleFortress continuously monitors key call quality metrics to ensure a high standard of voice service performance. While many factors (including far-end networks and callee behavior) can influence call quality, TeleFortress’s network is designed to achieve excellent results in the following metrics, and TeleFortress will take corrective action within its network if these metrics fall below acceptable levels due to TeleFortress’s infrastructure:

  • Answer-Seizure Ratio (ASR): ASR is the percentage of call attempts that result in a successful connection (call answered by the called party or an answering machine) versus total call attempts. A high ASR indicates that calls placed through TeleFortress are reliably reaching their destinations and being answered. TeleFortress’s routing and carrier management aim for an ASR that meets or exceeds industry benchmarks for quality routes (often in the range of 60% or higher for typical traffic). We proactively monitor ASR across destinations and remove or remediate any terminating routes that exhibit unusually low answer rates attributable to network issues.
  • Average Call Duration (ACD): ACD measures the average length of completed calls (in minutes). It is a proxy for call quality and user satisfaction – longer call durations usually suggest that calls are not dropping and that audio quality is sufficient for sustained conversation. TeleFortress strives to maintain a high ACD by minimizing network-induced call drops or audio issues. For example, an ACD of >3 minutes is expected on average for standard voice traffic, and significantly lower ACD may trigger investigation into network quality (excluding scenarios where short calls are normal for the Customer’s application).
  • Post-Dial Delay (PDD): PDD is the time from the end of dialing (call initiation) until the caller hears a ringback tone or call progress indicator. TeleFortress’s network is optimized for low call setup times. We target an average PDD of ≤ 2 seconds on our core routes for domestic calls, and generally ≤ 4 seconds for international calls as a service level objective. High PDD (prolonged silence after dialing) can occur due to external factors like downstream carrier routing; however, TeleFortress actively manages its carrier partners to ensure minimal post-dial delay. Persistent PDD issues on routes under our control will be addressed or the route will be removed from service.
  • STIR/SHAKEN Call Authentication: TeleFortress implements full STIR/SHAKEN caller ID authentication on its network, which is critical to ensuring call trust and mitigating spoofing, 100% of eligible outbound calls from TeleFortress are signed with STIR/SHAKEN “A”-level attestation (indicating TeleFortress can vouch for the calling number’s legitimacy), and TeleFortress verifies incoming calls that carry STIR/SHAKEN signatures. This means TeleFortress’s customers benefit from calls that are identified as authenticated, and their outbound calls will show as “Verified” to downstream carriers/recipients when applicable. This metric is effectively a binary commitment – TeleFortress’s policy is to sign all outbound calls and reject or flag any inbound calls failing authentication as required by industry standards. The presence of STIR/SHAKEN across our voice services aligns with FCC regulations and robocall mitigation practices, reinforcing overall call integrity.

Note: The Call Quality Metrics above are tracked and reported by TeleFortress on a network-wide basis. While TeleFortress does not guarantee specific numerical thresholds for ASR, ACD, or PDD in this SLA (due to dependencies on call destinations and called party behavior), we do guarantee that we will manage our network to high standards of call quality. Should call quality fall below typical levels due to issues on TeleFortress’s network, TeleFortress will treat such issues with high priority (potentially as service-affecting incidents) and work to promptly resolve them. Customers may request reports of these metrics for their traffic, and TeleFortress will be transparent about network performance. In summary, TeleFortress commits to provide consistently high ASR, high ACD, low PDD, and industry-leading STIR/SHAKEN compliance as part of the service quality delivered to the Customer.

5. Response & Resolution Times

TeleFortress provides 24×7 technical support and network operations monitoring to promptly address service issues. When the Customer experiences a problem with a Covered Service, incidents can be reported via TeleFortress’s support hotline, ticketing system, or designated account representative. TeleFortress will classify and handle incidents according to severity. Severity Levels are defined by the impact on service, and each level has target response and resolution times as follows:

  • Severity 1 – Critical Impact: Definition: A major service outage or critical issue affecting all or a significant portion of services for the Customer. Examples include: complete loss of voice service (all calls failing) on a SIP trunk group, inability to access the TeleFortress network, or E911 call failures. TeleFortress Response Time: Within 15 minutes of Customer’s report (or TeleFortress’s detection), a qualified engineer will acknowledge the incident and begin immediate troubleshooting. TeleFortress’s NOC will work 24×7 until service is restored. Resolution Time Goal: Service restoration or a workaround within 4 hours. TeleFortress will provide regular updates at least every hour until resolution. (Final root cause remediation may occur after service is restored, but the goal is to restore functionality within this timeframe.)
  • Severity 2 – High Impact: Definition: A significant service degradation or issue that impacts a large subset of users or a critical functionality, but not a total outage. Examples: one of multiple redundant SIP trunks is down (capacity reduced but calls still flowing), quality degradation (e.g., high packet loss or jitter) affecting many calls, or inability to use a particular feature (like outbound toll-free calling) while other services remain operational. TeleFortress Response Time: Within 1 hour of incident report. Engineering will engage to diagnose and mitigate the problem. Resolution Time Goal: Restoration to normal operation within 8 hours. If a full fix is not possible within 8 hours, TeleFortress will endeavor to provide a temporary solution to alleviate impact and will continue working to fully resolve the issue thereafter.
  • Severity 3 – Medium Impact: Definition: A moderate issue with limited impact or an inconvenience. Service is largely usable, but certain non-critical functions are impaired. Examples: a single DID number not routing properly; occasional audio quality issues on a small number of calls; a delayed porting of a number; or a Customer-reported bug in a web portal interface. TeleFortress Response Time: Within 4 business hours of report (for reports outside of business hours, response by next business morning). Resolution Time Goal: Resolution or corrective action within 2 business days. Many Severity 3 issues are resolved faster, but this timeframe accounts for troubleshooting and deployment of fixes, especially if software changes or coordination with third parties is required.
  • Severity 4 – Low Impact: Definition: Minor issues, general questions, or requests that do not materially affect service performance. Examples: cosmetic issues in call detail records, requests for configuration changes, documentation inquiries, or feature suggestions. TeleFortress Response Time: Within 1 business day. Resolution Time Goal: Within 5 business days, or as agreed in the support ticket. For low-priority requests that require development or are scheduled for future updates, TeleFortress will provide an estimate and include the fix in a future maintenance release rather than an immediate resolution.

Notes on Response/Resolution: Response Time is defined as the time for a human support engineer to first respond to the Customer’s ticket or call and acknowledge the issue, not just automated receipt. Resolution Time refers to restoring the service to normal operation or providing a suitable workaround that mitigates the impact. TeleFortress will use diligent efforts to meet the Resolution goals, but some issues (especially hardware failures requiring replacement, or issues requiring third-party vendor fixes) may necessitate longer to fully resolve. In such cases, TeleFortress will communicate status and interim steps. The above timeframes are targets under normal circumstances; actual resolution might be faster, and TeleFortress often resolves critical issues well within the stated goals. If an incident extends beyond the target resolution time, it may elevate in severity or be escalated to higher management attention. TeleFortress’s support team will also follow an internal escalation procedure ensuring that more complex or prolonged issues receive the appropriate resources and priority.

6. Service Credit Policy

In the event that TeleFortress does not meet the Network Availability Commitment outlined in Section 3 for a given service in a given month, the Customer will become eligible to request a Service Credit. Service Credits are credits against future service billing, provided as compensation for the service performance shortfall. This Section explains the conditions and process for credits:

  • Eligibility for Credits: A Customer is eligible for a Service Credit when the measured monthly uptime for a specific Covered Service falls below the guaranteed level (after accounting for all SLA exclusions). For example, if SIP Trunking uptime in a month drops below 99.999%, or Toll-Free Service below 99.995%, etc., then a credit may be due. Credits apply only to the particular service affected (e.g., an outage of Toll-Free service does not entitle credit for unrelated services).
  • Credit Amount Calculation: Unless otherwise specified in a custom agreement, the standard credit is calculated as a pro-rated portion of the Customer’s Monthly Recurring Charge (MRC) for the affected service, corresponding to the downtime beyond the SLA guarantee. For instance, TeleFortress may credit a percentage of the monthly fee based on the duration of the outage. As a baseline, if any Covered Service’s uptime falls below its SLA threshold, the Customer can claim a credit equal to up to one day’s worth of charges for that service for each cumulative hour of downtime beyond the allowed downtime, capped at a maximum of 10% of the monthly service charge. (The 10% cap is the invoice credit limit per service for any single month, even if the downtime would mathematically result in a larger credit under the formula.)
  • Claiming a Service Credit: The Customer must initiate a claim to receive a Service Credit. The claim must be submitted in writing to TeleFortress (typically via email to TeleFortress’s billing or support contact, or through the customer portal) within 30 days after the end of the month in which the SLA violation occurred. The claim should identify the affected service, dates and approximate times of the downtime, and a brief description of the incident (or a reference to a TeleFortress trouble ticket, if one was filed). TeleFortress may require reasonable supporting information to validate the claim against its own logs. Claims made outside the 30-day window or lacking sufficient detail may be denied.
  • Review and Approval: TeleFortress will review each timely claim and compare the reported downtime against its internal incident records and monitoring data. If TeleFortress confirms that the SLA threshold was not met and the downtime was not due to an excluded cause, TeleFortress will approve the Service Credit request. TeleFortress will typically respond to credit requests within 15 business days of receipt. In cases where a dispute arises (e.g., differing calculations of uptime), TeleFortress will provide the Customer with its measured statistics and work in good faith to resolve the discrepancy.
  • Credit Delivery: Approved Service Credits will be applied to the Customer’s future invoice(s) for the affected service. Credits are normally applied in the billing cycle following approval. The credit will appear as a dollar amount or percentage reduction on the bill and will not be redeemable for cash. If the Customer’s contract is ending or the service is being disconnected, any approved credit may be applied to final invoices but will not be paid out in cash.
  • Limitations on Credits: Service Credits are the sole and exclusive remedy available to the Customer for TeleFortress’s failure to meet the service levels guaranteed in this SLA (see Section 10). The total credits in any given month for a service will not exceed 10% of that service’s MRC, regardless of the number or duration of incidents. Credits cannot be transferred to other accounts or services and will expire if the Customer terminates the service (unless applied to a final bill as noted). If the Customer is past due on any payments or is in material breach of the contract (for reasons unrelated to the service outage), TeleFortress may decline to issue a Service Credit until such issues are resolved – in other words, the Customer must be in good financial standing to claim credits.
  • Exclusions from Credits: Outages or impairments that are caused by factors outside of TeleFortress’s control or not covered by this SLA (see Section 8, “Prohibited Use & SLA Exclusions”) do not qualify for Service Credits. For example, if downtime is a result of the Customer’s misuse, a cyber-attack, an upstream provider failure that is covered by force majeure, or scheduled maintenance, then TeleFortress’s obligations under this SLA are not triggered and no credit will be granted. Additionally, issues with third-party provided portions of a service (like the Customer’s internet connectivity to reach our SIP trunk) are outside TeleFortress’s SLA responsibility.
  • Example: By way of illustration, if TeleFortress’s SIP Trunking service was unavailable for a total of 1 hour beyond the allowed downtime in a month (which is extremely rare given the 99.999% target), and the Customer’s monthly SIP Trunking charge is $10,000, TeleFortress might calculate a credit as follows: 1 hour is roughly 1.39% of a 30-day month; thus a pro-rata credit of 1.39% of $10,000 = $139 would be due. Since this is below the 10% cap ($1,000), the full $139 credit would be applied. If, hypothetically, an outage were so severe that the formula yielded a $2,000 credit, the Customer would be limited to $1,000 (10% of MRC) for that month under this SLA. This example is for illustration; actual credit calculation formulas may be detailed in the Customer’s Master Service Agreement or service order, but will not be less generous than outlined here.

7. Compliance & Security

TeleFortress takes regulatory compliance and security seriously, ensuring that its services not only perform well but also adhere to all applicable laws and industry standards. TeleFortress certifies that it complies with the following programs and regulations, among others, which collectively protect Customers and end-users and underscore the reliability and integrity of TeleFortress’s network:

  • FCC Robocall Mitigation and STIR/SHAKEN Compliance: TeleFortress fully complies with the Federal Communications Commission’s (FCC) rules aimed at combating illegal robocalls. In accordance with FCC requirements, TeleFortress has implemented a robocall mitigation program and the STIR/SHAKEN caller ID authentication framework on its IP voice network. TeleFortress has filed the required certifications and robocall mitigation plans in the FCC’s Robocall Mitigation Database, attesting that we take reasonable steps to avoid originating illegal robocall traffic. In practical terms, this means TeleFortress signs legitimate calls and monitors/blocks suspicious call patterns, actively supporting industry efforts to protect consumers from spoofed calls and fraud.
  • PCI DSS (Payment Card Industry Data Security Standard): TeleFortress maintains compliance with PCI DSS for any systems or processes that handle credit card data (e.g., for payment of services). Our billing systems and customer portals that process payments are secured according to PCI DSS requirements (including encryption, access controls, and regular security audits). Customers can trust that any payment information they provide to TeleFortress is handled in a manner consistent with the high security standards of PCI DSS, reducing the risk of data breaches or fraud.
  • GDPR (General Data Protection Regulation): To the extent TeleFortress processes personal data of individuals in the European Union or otherwise within the scope of the EU’s GDPR, we comply with GDPR obligations. This includes implementing appropriate data protection measures, honoring data subject rights (such as access, rectification, or deletion requests), and, where required, executing Data Processing Addendums (DPAs) with our Customers. TeleFortress’s privacy practices ensure transparency and lawfulness in how personal data is processed and safeguarded. While TeleFortress is a U.S.-based carrier, global enterprise clients can be assured that privacy and data security meet international standards.
  • FCC Section 214 Authorization: TeleFortress holds the necessary FCC Section 214 license authorizations to provide international telecommunications services. Section 214 of the Communications Act of 1934 requires carriers to obtain FCC approval to offer international telephony services, and TeleFortress has obtained and maintains this authority. This compliance indicates TeleFortress’s status as a recognized telecommunications carrier authorized to carry calls between the U.S. and other countries, and we abide by all conditions of that authorization (such as filing any required international traffic reports or notices of changes in ownership as applicable).
  • FCC Form 499-A and Other FCC Filings: TeleFortress timely files FCC Form 499-A each year to report its telecommunications revenues as required for Universal Service Fund (USF) contributions, Telecommunications Relay Service (TRS) fund, and other federal programs. We also file Form 499-Q quarterly, if applicable, and ensure payment of all regulatory fees and contributions (USF, TRS, NANP, LNPA, etc.) assessed by the FCC. Compliance with these filing obligations demonstrates TeleFortress’s good standing as a telecom provider and ensures that we contribute appropriately to the maintenance of nationwide communications infrastructure and services (such as rural telephony, schools/libraries broadband, and relay services for the hearing-impaired).
  • Blockchain-backed Recordkeeping: TeleFortress employs innovative blockchain technology to enhance the security and integrity of certain operational records, such as call detail records (CDRs), routing logs, or compliance records. By recording these data points on a permissioned blockchain ledger, TeleFortress ensures they are tamper-evident and auditable. This means that records of your calls and configurations, once logged, cannot be altered without detection, providing an additional layer of trust. This approach assists in compliance with regulatory record-keeping requirements (for example, FCC record retention mandates and potential evidence needs) and gives both TeleFortress and its Customers confidence in the accuracy and permanence of log data.
  • Other Security Measures: TeleFortress maintains a comprehensive security program including network firewalls, DDoS protection, intrusion detection systems, and 24/7 monitoring to protect the services from cybersecurity threats. We conduct regular vulnerability assessments and employee security training. Customer data that passes through our network is handled according to applicable confidentiality and law enforcement assistance laws (CALEA compliance in the U.S., etc.). Security incidents, if any, are managed under our incident response plan, and Customers will be notified of any significant data breaches affecting their services or information, consistent with legal requirements.

By maintaining compliance with the above standards and regulations, TeleFortress ensures that Customers receive not only high performance service, but also one that meets the legal and ethical standards of the telecommunications industry. We stay up-to-date with changing laws (such as new FCC rules or privacy regulations) and will adapt our practices and this SLA as needed to remain in compliance.

8. Prohibited Use & SLA Exclusions

TeleFortress is dedicated to providing a high-quality network for legitimate use. To protect the integrity of our services and comply with legal requirements, certain uses of TeleFortress services are prohibited by our policies (see our Acceptable Use Policy and other terms). Any Customer actions or use of the service that violate these provisions or applicable law will void TeleFortress’s SLA obligations. In other words, TeleFortress is not responsible for failures to meet SLA commitments (including uptime or quality guarantees) in cases where the service impairment is caused by the Customer’s misuse or violations. The SLA commitments shall not apply to the following scenarios (this list is illustrative, not exhaustive):

  • Illegal, Fraudulent, or Abusive Traffic: If the Customer uses TeleFortress’s services to originate or transmit illegal communications, such as robocall spam, fraud schemes, harassment, or any form of traffic that violates laws or regulations, TeleFortress may take immediate action including blocking or filtering such traffic, rate-limiting calls, or suspending the offending service. Examples include placing high-volume automated calls without consent (contrary to TCPA regulations), voice phishing scams, or transmitting obscene or threatening calls. Any service downtime or degradation resulting from TeleFortress’s good-faith efforts to curtail unlawful traffic (or from government-ordered blocks) is expressly excluded from SLA calculations. Moreover, such misuse typically constitutes a material breach of contract, and the Customer would forfeit SLA remedies due to their own violation.
  • Failed KYC or False Information: Customers are required to provide accurate identification and contact information and, in some cases, undergo Know Your Customer (KYC) verification as part of TeleFortress’s compliance programs (e.g., confirming the identity of enterprise customers to prevent fraud). If a Customer fails to provide required documentation, provides falsified information, or if TeleFortress discovers that the Customer’s representatives are on any prohibited persons list (OFAC, etc.), TeleFortress may suspend services until the issue is resolved. Any unavailability of service during such a suspension is not counted as TeleFortress downtime for SLA purposes. Similarly, if TeleFortress must block certain call destinations or origination numbers because the Customer did not supply proof of authorization for those numbers (to comply with STIR/SHAKEN attestation or traceback requests), those blocked call attempts are not considered service “failures” under this SLA.
  • Grey Routes and Unauthorized Routing Practices: The Customer shall not attempt to use TeleFortress’s network for routing that violates telecommunications interconnect rules or TeleFortress’s terms – for instance, sending traffic through “grey routes” to avoid tolls or regulations. Grey routing often refers to using non-official, unscrupulous carrier paths to terminate traffic (common in SMS but also in voice) that may violate local telecom laws or carrier agreements. If TeleFortress detects that the Customer’s traffic is being re-filed, masked, or otherwise sent in a way to deceive intermediate carriers (e.g., falsifying caller ID to appear local when it’s international, other than what STIR/SHAKEN permits for verified Caller ID), TeleFortress may block such traffic. Any impact on service from the enforcement of these policies is excluded from the SLA. TeleFortress’s network is to be used for legal, above-board call termination and origination only.
  • Bandwidth or Call Flooding Beyond Agreement: If the Customer generates traffic or call volumes far in excess of what their service agreement contemplates, such that it overloads TeleFortress’s network or triggers automated protective measures, TeleFortress may rate-limit or temporarily block such traffic for network stability. For example, if a Customer suddenly blasts massive call concurrency (hundreds of calls per second) without prior arrangement, causing network strain, TeleFortress’s systems may throttle to protect overall service. This self-inflicted performance issue would not count toward SLA downtime. TeleFortress will work with the Customer to address unusual spikes, but reserves the right to safeguard the network.
  • Customer Network Issues or Misconfigurations: The SLA covers only TeleFortress-controlled components. Any disruption or issue originating from the Customer’s side is outside the SLA. This includes problems with the Customer’s PBX or SBC, misconfigured firewalls blocking SIP signaling or RTP media, the Customer’s internet/backhaul connection quality, power failures at Customer’s site, or incorrect routing settings input by the Customer in TeleFortress’s portal (e.g. pointing a DID to the wrong IP). TeleFortress will assist in diagnosing such issues, but time spent where the root cause is on the Customer side is not counted as TeleFortress downtime. Additionally, if the Customer refuses recommended upgrades or is using an outdated unsupported protocol/version that causes issues, those resulting issues are not TeleFortress’s responsibility under the SLA.
  • Scheduled Maintenance and Emergency Maintenance: As noted in Section 3, any downtime during Scheduled Maintenance windows announced by TeleFortress is excluded from uptime calculations. TeleFortress schedules maintenance during low-traffic periods (typically overnight or weekends) and provides at least 7 days’ notice for standard maintenance. Similarly, Emergency Maintenance (such as patching a critical vulnerability or replacing a failing hardware component to prevent an imminent outage) may occur with shorter or no advance notice; while TeleFortress will try to inform Customers if feasible, preserving network integrity takes priority. Any service unavailability due to such emergency maintenance is also excluded from SLA penalties. TeleFortress will strive to minimize maintenance impact and, when possible, use redundant systems to avoid downtime, but in cases where a brief interruption is unavoidable for safety, it will not trigger service credits.
  • Force Majeure Events: Events beyond the reasonable control of TeleFortress, also known as force majeure events, are excluded from this SLA. These include, but are not limited to: natural disasters (e.g., earthquakes, floods) that damage infrastructure; widespread power grid failures; acts of terrorism or cyberattacks (e.g., large scale DDoS attacks upstream) that are not specifically targeted due to negligence by TeleFortress; war or civil unrest; government actions (e.g., orders to shut down networks, or confiscation of facilities); or other unforeseen events like pandemics affecting workforce availability. While TeleFortress has disaster recovery and business continuity plans to handle many of these scenarios, if a force majeure event causes service disruption, such downtime is not counted for SLA purposes and no credits will accrue. TeleFortress will, however, make reasonable efforts to mitigate and resume services as soon as possible in such situations.
  • Violations of Acceptable Use Policy (AUP): TeleFortress’s AUP (incorporated by reference into the service agreement) includes other prohibited activities (for example, no hacking, no transmitting viruses or malware through our network, etc.). If a Customer violates the AUP, and TeleFortress acts to enforce the AUP (which could include suspension of the account or certain features), the resulting unavailability is not an SLA event. The SLA also does not cover any punitive service restrictions that might be applied (for instance, if regulatory authorities require TeleFortress to halt service to a Customer due to legal violations, that is outside SLA).
  • Upstream Carrier Failures (When Out of TeleFortress’s Control): TeleFortress’s network interconnects with other carriers and national networks, particularly for terminating calls internationally or routing toll-free calls via the national toll-free database. If an outage occurs in a third-party carrier’s network or in an underlying service that TeleFortress uses (for example, a nationwide toll-free database outage, or a local exchange carrier failure in a certain region), and the issue is not due to TeleFortress’s actions, such outage might be considered force majeure or external failure. TeleFortress will work to reroute traffic if possible, but if rerouting is impossible and calls are impaired due to that external failure, it will be noted as an exclusion. (TeleFortress will document such events and make them available to the Customer on request for transparency.)

In summary, the SLA is intended to cover service issues within TeleFortress’s control under normal, legal use of our services. If the Customer fails to adhere to contractual obligations or engages in behaviors that either violate our terms or cause abnormal strain or intervention, TeleFortress shall be relieved of the SLA commitments to the extent impacted. TeleFortress encourages all Customers to use the services responsibly and in accordance with the law and our policies, to get the full benefit of the SLA protections.

9. Continuous Improvement & SLA Review

TeleFortress is committed to continuous improvement of its network, services, and support. We view the SLA not as a static document, but as a living commitment that evolves with our technology and customer needs. To that end, TeleFortress will conduct regular reviews of SLA performance and content, and make adjustments as necessary:

  • Bi-Annual Performance Review: At least twice per year, TeleFortress’s operations and engineering teams will formally review our performance against the SLA metrics (uptime statistics, support response times, call quality data, etc.). The goal of this review is to identify any trends, recurring issues, or areas where we can invest in improvements. For example, if certain infrastructure components show lower availability, we may plan upgrades; or if customers require faster response on certain issues, we may allocate more support resources or training. These reviews ensure accountability within TeleFortress and drive enhancements to benefit Customers.
  • SLA Updates: As a result of the performance reviews or changes in industry best practices, TeleFortress may update the terms of this SLA from time to time. Additionally, changes may be necessitated by new regulatory requirements or the introduction of new services/technologies. Any modifications to the SLA will be approved by TeleFortress’s executive management and legal counsel to maintain fairness and clarity. Notification of Changes: TeleFortress will post the updated SLA on our website (at the usual SLA URL) with a new effective date. Wherever feasible, we will provide advance notice to Customers of material changes – for instance, by emailing enterprise customers or including a notice on the monthly invoice or customer portal. Minor adjustments that do not reduce the Customer’s rights (such as adding a new service or improving a commitment) may be made with or without direct notice, but major changes (like lowering an uptime guarantee) would typically involve at least 30 days’ notice. Customers are encouraged to review the SLA periodically. Continued use of the services after an SLA update has been made available will constitute acceptance of the revised SLA.
  • Customer Feedback: We invite Customers to provide feedback on SLA terms during business reviews or account management meetings. If certain SLA metrics or processes are not aligning with a Customer’s expectations, TeleFortress wants to hear that feedback. We use customer input to shape future service improvements and SLA adjustments. In particular, enterprise and government clients with mission-critical operations might have insights that help us refine severity definitions or communication protocols. This dialog is part of our continuous improvement philosophy.
  • Custom SLA Negotiation: TeleFortress recognizes that some Customers, due to their unique operational needs or the scale of their engagement with us, may require customized SLA terms beyond the standard commitments. TeleFortress is open to negotiating custom SLAs on a case-by-case basis, typically as an addendum to the Master Service Agreement or in the service order. A custom SLA might include, for example, higher uptime guarantees, specialized support response arrangements, dedicated support staff, or different service credit schemas. All custom SLA provisions must be mutually agreed in writing and signed by authorized representatives of both TeleFortress and the Customer. Where a custom SLA is in place, its terms will supersede the corresponding terms of the standard SLA for that Customer. TeleFortress is committed to flexibility in meeting the needs of large enterprise and government clients, and will consider reasonable requests for bespoke service level terms (often associated with premium service packages or fees to support the extra measures required).
  • Periodic SLA Audits: TeleFortress may employ independent audits or compliance checks on our SLA performance and processes. For example, we might audit our ticket response times or our monitoring accuracy to ensure that the data we base our SLA on is sound. This is part of internal governance to ensure we “say what we do, and do what we say.”

Overall, TeleFortress strives not only to meet but to exceed the commitments in this SLA. Our philosophy of continuous improvement means that over time, Customers should see even better service quality – for instance, we might increase an uptime guarantee or shorten response times as our capabilities grow. We will review this SLA at least every six months to ensure it remains aligned with our service delivery and the high standards we set for ourselves. The effective date of this SLA is posted at the top of the document; any prior versions are superseded by this document. Customers may request a copy of previous SLA versions or a redline of changes if needed for their records.

10. Disclaimers and Limitation of Liability

This section sets out important limitations and disclaimers that define the extent of TeleFortress’s obligations under this SLA and in providing services. These terms are critical to the allocation of risk between TeleFortress and the Customer:

  • No Other Warranties: TeleFortress warrants that it will provide the Covered Services and any applicable support services in a professional and workmanlike manner consistent with industry standards, and that it will use commercially reasonable efforts to meet the commitments outlined in this SLA. Except as expressly stated in this SLA or the applicable service agreement, TeleFortress makes no other warranties or guarantees, express or implied, regarding the services. All implied warranties or conditions (including any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement) are disclaimed to the fullest extent permitted by law. This SLA is not a warranty of perfection; it is a definition of service objectives and remedies. The Customer acknowledges that telecom services are subject to the inherent complexities of networks and that no provider can guarantee error-free or uninterrupted service at all times.
  • Exclusive Remedy for SLA Violations: The provisions for Service Credits in Section 6 are the exclusive remedy available to the Customer for any failure by TeleFortress to achieve the specified service levels (e.g., uptime commitments, response time targets). In the event of such service level failures, the Customer’s sole recourse and compensation shall be to claim the credits as described. TeleFortress shall not be liable for any other damages or compensation due to service unavailability or performance issues, except as explicitly provided in this SLA. For example, if TeleFortress fails to meet the uptime guarantee, the Customer may receive the applicable service credit, but may not claim additional losses or seek other remedies in court or otherwise, as those are contractually excluded by agreement in favor of the service credit structure. This allocation of remedies is a fundamental term of this SLA and is reflected in the service pricing.
  • Limitation of Liability: To the maximum extent permitted by law, TeleFortress’s liability to the Customer for any and all claims arising from or relating to the provision of services or this SLA, whether in contract, tort (including negligence), or any other theory of liability, is strictly limited. TeleFortress’s total cumulative liability in any calendar month for all incidents and claims shall not exceed the amount of Service Credit the Customer would be eligible for under Section 6 for that month’s service (or, if no specific SLA breach occurred, an amount equivalent to 10% of the Customer’s MRC for that month for the affected service). In no event shall TeleFortress be liable to the Customer for any indirect, incidental, consequential, special, or punitive damages, nor for any loss of profit, revenue, business, or data, even if TeleFortress has been advised of the possibility of such damages. This exclusion applies to any claims for lost profits or revenue (for example, the Customer cannot claim lost business due to a service outage beyond the service credit), business interruption costs, cost of obtaining replacement services, or claims of the Customer’s own end-users against the Customer. To illustrate, if a critical outage causes the Customer to miss business opportunities, TeleFortress is not liable for those missed opportunities; the contractual remedy is limited to crediting a portion of the service fee. The parties agree that this limitation of liability is a fair allocation of risk, given that the fees for services would be substantially higher if TeleFortress had to assume greater potential liability.
  • Exceptions: The above liability limitations and disclaimers apply to all claims except in cases of willful misconduct, gross negligence, or personal injury or property damage caused by TeleFortress’s negligence, for which liability cannot be limited under law. Additionally, any indemnification obligations expressly stated in the Master Service Agreement (for example, intellectual property infringement or data privacy breaches, if applicable) are governed by those terms and are not overridden by this SLA. However, in no case will any party be liable for punitive damages or any damages that are waived under applicable law. The Customer’s statutory rights (if any) that cannot be disclaimed are not affected by this clause. Subject to the foregoing, the limitations in this section will apply regardless of the success or failure of any other remedy and whether the action is brought in breach of contract, tort, or any other cause of action.
  • Third-Party Services: If TeleFortress’s services rely on or integrate with third-party services or networks (for instance, if a third-party emergency services provider carries an E911 call, or if calls route through another carrier), TeleFortress shall not be responsible for the performance or outages of those third-party services, and such issues shall be considered force majeure or excluded as per Section 8. Any representations or warranties made by third-party providers are their own, and TeleFortress does not adopt or guarantee any third-party representation under this SLA.

The Customer acknowledges that the pricing and terms of this SLA reflect the allocation of risk and limited remedies set forth herein. These limitations form an essential basis of the bargain between TeleFortress and the Customer. Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities; to that extent, the above exclusions may not apply as written. However, the parties agree that they intend for the exclusions and limitations to be enforced to the greatest extent allowed by law. If any portion of these limitations is held invalid, the parties agree that the limitations shall apply to the fullest extent permitted, and the remaining provisions of the SLA shall remain in effect.

11. Governing Law and Dispute Resolution

This SLA, and any disputes arising out of or related to this SLA or the services provided hereunder, shall be governed by and construed in accordance with the laws of the State of Delaware (USA), without regard to its conflict of law principles. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to this SLA.

Jurisdiction: The parties consent to the exclusive jurisdiction of the state and federal courts located in the State of Delaware for the resolution of any disputes arising from this SLA or the underlying service agreement. Each party waives any objections based on inconvenient forum or lack of jurisdiction. Notwithstanding the foregoing, TeleFortress may seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property or confidential information.

Dispute Resolution Process: The parties agree to attempt in good faith to resolve any dispute or claim relating to this SLA by escalating it to their respective senior management prior to pursuing legal action. If a dispute arises, the aggrieved party shall provide written notice to the other party’s account or legal representative summarizing the issue. The parties shall then meet (by phone or in person) within 30 days to seek an amicable resolution. If they are unable to resolve the dispute within a reasonable time (not to exceed 60 days from the initial notice, unless extended by mutual agreement), either party may pursue available legal or equitable remedies, subject to the limitations and venue specified above.

Governing Law Rationale: The choice of Delaware law is made because TeleFortress is organized under the laws of Delaware (or otherwise has designated Delaware for contractual consistency). Delaware law will govern the interpretation of this SLA and the parties’ performance obligations, except to the extent superseded by applicable federal telecommunications law or regulations (in which case such federal law will control). Where federal or state tariffs or regulations impose specific requirements on the content or delivery of service (e.g., certain rights for federal government customers under the FAR, or state-specific telecom service rules), those requirements will be deemed incorporated herein to the minimum extent required by law.

12. Acceptance and Entire Agreement

By using TeleFortress’s Covered Services or by signing a service order or Master Service Agreement that references this SLA, the Customer acknowledges that it has read, understood, and agreed to all of the terms and conditions of this SLA. This SLA, together with the Master Service Agreement (or other applicable service contract) and any attachments or addendums (such as a custom SLA if negotiated), constitutes the entire agreement between TeleFortress and the Customer with respect to the service levels and performance commitments for the Covered Services. It supersedes all prior or contemporaneous communications, proposals, or agreements (whether oral or written) relating to the subject of service levels. In the event of a conflict between this SLA and the Master Service Agreement, this SLA will govern with regard to service performance commitments, except as otherwise expressly provided in a custom SLA amendment.

No waiver of any provision of this SLA by either party shall be effective unless in writing and signed by the party against whom the waiver is asserted. Failure or delay by either party to enforce any right or provision of this SLA will not constitute a waiver of that provision or any other provision. If any provision of this SLA is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of the SLA will remain in full force and effect, and the parties will negotiate in good faith a substitute term reflecting the original intent.

Effective Date: April10, 2025 (This SLA is effective for all Covered Services as of this date and remains effective until superseded by an updated version). TeleFortress may update this SLA as described in Section 9. The most current version of the SLA will be available at www.telefortress.com/sla.

By ensuring clarity in expectations and remedies, this SLA is designed to foster a strong, trust-based relationship between TeleFortress and our Customers. TeleFortress is committed to delivering exceptional service reliability and support, and to standing behind that commitment through the provisions of this SLA.