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Braango Service Level Agreement

This service level agreement covers the availability of Braango services for those customers using the service at http://braango and/or https://go.braango.com and who have agreed to the Braango Terms of Service and have placed an order, or have signed an enterprise agreement with Braango.

1. Availability – Braango shall provide 99.5% availability to Client of Braango network systems measured on a monthly period beginning at 12:00:00 AM PT (GMT -8:00) on the first (1st) day of a calendar month and ending at 11:59:59 PM on the last day of a calendar month exclusive of any Scheduled Maintenance or Product Releases as defined herein.

2. Braango The Braango network extends to, includes and terminates at the data center located router that provides the outside interface of each of Braango’s WAN connections to its backbone providers (referred to herein as the “Braango Network”). The Service will not be considered unavailable for any outage of the Service due to (a) Client’s information content or application programming, acts or omissions of Client or its agents, (b) failures of Internet backbone itself and the network by which Client connects to the Internet backbone or any other network unavailability outside of the Braango Network; (c) delays or failures due to circumstances beyond Braango’s reasonable control that could not be avoided by its exercise of due care; or (d) any other outage or downtime outside the Braango Network.

3. Entire System Unavailability – Should the availability levels of any material aspect of the Braango Network fall below the 99.5% (as measured pursuant to Section 1 of this SLA), Client is entitled to the following Credits as described below.

Availability

Credit

Between 97% and 99.5%

25% Monthly Fee

Between 95% and 96.9%

50% Monthly Fee

Less than 95%

100% Monthly Fee

Credit amount is the appropriate above percentage applied to the license fees for the month in which the non-compliance occurs and is exclusive of fees for support, training, or professional services.

4. Scheduled Maintenance – Scheduled and / or preventative maintenance (those times where Braango notifies Client of periods of expected Service disruptions at least 5 days prior to the commencement of such Service disruption). During the Scheduled Maintenance Window, some or all systems may be unavailable. Braango reserves the right to: (i) change the timing of a Scheduled Maintenance Window; (ii) permanently change our Scheduled Maintenance Window; (iii) to perform urgent preventative maintenance activities per the critical infrastructure needs of Braango or our hosting provider. In all cases, Braango will provide Client the maximum amount of advance notice as possible for changes to the Scheduled Maintenance Window or for the performance of urgent preventative maintenance.

5. Product Releases – Braango reserves the right to issue Product Releases outside of Scheduled Maintenance. Braango agrees to notify Client at least fourteen (14) days prior to any scheduled Product Release that may result in unavailability of the Braango Product. Braango reserves the right to issue periodic Product Releases that correct product defects or performance issues deemed urgent by Braango. Braango will provide Client the maximum amount of advance notice as possible for such periodic Product Releases.

6. Deliverability – Braango does not warrant that emails, text messages, or calls properly processed and sent by Braango will be received and processed by the intended message recipient’s email or telecommunications provider.

7. Remedies – The remedies as set forth within this Service Level Agreement are the sole and exclusive remedies available to the Client for any SLA Non-Compliance or Sustained Service Outage and the Client has no additional remedies under the Agreement or at law against Braango in connection with interruptions or unavailability of the Braango Network.

9. Credit Limitations – Total credits for any month may not exceed the monthly license fees for the month to which the credit(s) apply and are exclusive of fees for support, training, or professional services. Remedies will not accrue (i.e., no credits will be issued and an outage will not be considered unavailability for purposes of this SLA) if Client is not current in its payment obligations either when the outage occurs or when the credit would otherwise be issued.

10. SLA Non-Compliance Credit Request – In order to make a credit request against this SLA, Client agrees to email their account manager or create a billing support case via the Braango support system within fourteen (14) days following the end of a monthly measurement period. Credit requests made via other methods will not be accepted. Credits granted to Client in accordance with this SLA will be deducted from Client’s invoice in the next applicable billing cycle following an agreed to credit-request. Braango’s records and data will be the basis for all SLA calculations and determinations.

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