1. Introduction

The purpose of this document is to demonstrate our commitment to providing our Services with the highest possible uptime, speed, security, reliable and compliance. We have extremely high standards when it comes to the reliability and connectivity of our services. We exist purely to deliver and report on your messages whenever and wherever you need, and we stand by our ability to deliver on this commitment.

2. Service Level Commitments

In signing up with SMSPoh, We fully commit to ensuring that:

• Our average monthly platform uptime is > 99.9%,
• Our average single SMS delivery time is 3-5 secs,
• Our minimum SMS throughput is above 500 SMS per minute. (For higher throughput and dedicated connections, contact us.)

3. Service Level Guarantees

We 100% guarantee that:

• All messages submitted to us will be submitted to the recipients carrier. We will provide a refund for any messages not submitted to a recipients carrier. (All customers)
• Monthly platform uptime will be above 99.9%. If SMSPoh monthly platform downtime is above 0.1%, and this results in a material and direct business impact, we will provide a refund of any recurring monthly or subscription fees pro rate for the amount of downtime.

4. Data Security and Commitment to Privacy

Privacy:

We are committed to maintaining the confidentiality, integrity and security of personal information and we will take all appropriate technical and organizational security measures to ensure that where any personal information is provided to us it will be protected against loss, destruction and damage, and against unauthorized or accidental access, processing, erasure, transfer, use, modification, disclosure or other misuse.

We shall not disclose to any person any personal data of a data subject that is processed or hosted by us where any such disclosure would not comply in all respects with the provisions of any applicable data protection legislation or regulations relating to the data subject concerned.

A User's address book, message content and MSISDNs indicating to whom messages were sent to or received from belong exclusively to that User and will not be disclosed to any third parties without the user's written permission or unless compelled to do so by a court of law.

Resale or Disclosure of Information:

Any and all information collected at our website (https://smspoh.com) will be kept strictly confidential and will not be sold, rented, loaned, or otherwise disclosed. If you have any questions, please don’t hesitate to contact us.

Browser Information Collected on the Website:

We may automatically record certain information about the use of our Services such as account activity (e.g. usage, log-ins, actions taken), data displayed or clicked on (e.g. GUI elements, links), and other log information (e.g. browser type, IP address, date and time of access).

We may use this information to provide authorized persons with usage reports and internally to deliver the best possible service to our clients and Users, such as improving software user interfaces and maintaining a consistent, reliable and secure user experience.

We may also detect and log a User's location and IP address in order to identify the User’s geographic region or time zone for routing traffic to geographically based servers or for managing time-sensitive tasks like the sending of notifications.

5. Support Commitments and SLA's

Service Failure Lifecycle:

Should you experience any problems with our services, you must report the failure directly to us as soon as possible.

As soon as we receive any reported downtime from you, we will perform an initial investigation and respond to you with our findings:

• (a) advising whether or not we can identify a failure resulting from the SMSPoh platform;
• (b) and if the failure is found to be within the SMSPoh platform, we will advise of the severity of the failure and the time estimated to rectify it.

SMSPoh will use all reasonable measures to rectify any failure in accordance with our failure correction times as detailed in Priority & Response Times:

A failure will only be considered rectified once we determine that the failure has been fixed and we have let you know.

If we determine that a failure has occurred because of the network operator failing to send or receive SMS messages, we will work with the relevant network operator to correct any problems encountered by their platform.

• We will provide regular and ongoing updates over the course of any downtime, until resolution and service restoration.
• We will provide an Incident Report for any material Service Failure.
• We will rigorously analyse all Services failures to learn, and to the maximum extent possible, put in place safeguards, patches, fixes or procedures to mitigate the risk of a similar repeat event.

Support Channels & Availability:

HelpDesk: (24/7 Availability)

• (a) Via Phone to 09 97 48 48 081
• (b) Via Email to admin@smspoh.com

Incident Priority & Response Times

Please note the following failure report classification, response times and estimated fix times.

Low:

A fault is causing your details or information to be partially inaccurate, or non-messaging related website bugs. This has no significant impact on your service and/or performance, and/or workaround is available.
Response time; 24 hours Estimated resolution time up to 7 days.

Medium:

A fault is providing some general platform operational problems, or messaging delay problems, and preventing any form of reasonable workaround.
Response: Same Day;
Estimated Resolution time 24 hours.

High:

A fault causing either full downtime of our platform or our messaging connectivity.
Response time: Immediate.
Resolution time: As soon as possible.

6. Scheduled Maintenance

In order for us to provide you with the best services possible there will be, from time to time, short periods of unavailability to allow us to conduct essential maintenance on our systems, servers and platforms. When such a scheduled maintenance is required, we will ensure we provide you with at least 48 hours notice, and;

We promise to conduct any maintenance required in a manner that will minimize any potentially adverse impact upon our ability to provide services.

Where we expect any maintenance may have an adverse effect on our ability to provide you with our services, we will use all reasonable measures to perform the maintenance at a time that will cause minimal disruption to the majority of our client base. In the event that we are required to undertake un-scheduled maintenance, SMSPoh will provide you with as much notice as we are reasonably able to provide, detailing:

• (a) the expected duration of the un-scheduled maintenance
• (b) the likelihood of any adverse effect such unscheduled maintenance may have on our services

7. Changes from time to time

By using our SMS services, you agree to accept the provisions and commitments of this SLA and Support Agreement. SMSPoh reserves the right to change or alter this agreement from time to time, providing prior notice is given to all our customers.