SERVICE LEVEL COMMITMENT

Unless otherwise specified in a specific Rider, 9Dash9 will provide the following Up-Time commitments:

Core Services: 99.99%

Core services include all mission critical capabilities of the 9Dash9 platform needed to maintain overall call processing, including the ability route calls from Subscribers to a provider of PSTN termination and the ability to receive originating calls from a DID origination provider and route them to a Subscribers SIP device, or to Subscriber’s voicemail or any other system prompt or action as configured by Customer.

Supporting Services: 99%

Supporting services includes all non-mission critical capabilities of the 9Dash9 platform including Management Portals, Device Provisioning capabilities, and other back office management systems. Down-time is calculated from the time in which customer notifies 9Dash9 of an outage, until the time at which the service is reestablished. Downtime does not include outages that occur as a result of scheduled maintenance events.

Service Level performance commitment:

If uptime is below the agreed level of availability for the Service, the Customer is entitled to a credit in an amount equivalent to a percentage of the monthly recurring fee. The credit will be for the specific month for which the Service Level Goal was not met.

Service Level performance

95.1% – 95.9 % equals a 5% credit of monthly invoice

Below 95% equals a 10% credit of monthly invoice

Customer shall submit a claim for a Service Level credit no later than the end of the calendar month following the month for which the event occurred.

A customer is not entitled to receive a service credit in the following cases:

• If any downtime was caused by customer initiated actions whether implemented by customer or by 9Dash9 • If any downtime was caused by misuse by the customer and not a failure on the underlying network and physical host infrastructure directly and solely managed by 9Dash9 • If any downtime was due to Scheduled Maintenance and within the defined Maintenance Window announced • If any downtime was due to a Force Majeure event • If the customer had his account suspended for any day of the month under analysis caused by non-payment of the any fees • Downtime due to the acts or omissions of the customer, its employees, agents, third party contractors or vendors • If the downtime was caused by violations of the 9Dash9 Acceptable Use Policy. • Any event or condition not wholly within the control of 9Dash9.

Full Credit. Except as otherwise required by law, Customer is entitled to a full credit upon request only in the event of a complete failure of the Service due to technical malfunction of the system or network operated by 9Dash9 for a period of twenty-four (24) consecutive hours or more. To obtain a credit, Customer must request a credit in writing to 9Dash9 within thirty (30) days of the failure. Credits shall be applied against future fees payable by Customer for the Service.

6.2 Force Majeure. 9Dash9 shall have no liability, including as set forth in this Section, for interruption of the Service due to circumstances beyond 9Dash9 control, including, without limitation, acts of God, flood, natural disaster, regulation or governmental acts, fire, civil disturbances, strike or weather.