Service Level Agreement Message To The Moon

In the Service Level Agreement, the definitions from Article 1 of the General Terms and Conditions for the provision of ICT and Telecom services by Message To The Moon to business users are used, in addition the following definitions apply:

Caller: The person who connects to a Number for the use of the Service;

Availability: The percentage of time under which the Services have been available to the Contractor during a certain period;

Billing: Monitoring of telephone traffic generated in accordance with the applicable Retail rate, invoicing of telephone traffic to the client, collection of payments from KPN Telecom for the use of Numbers by Callers, payment of Fee(s) for Numbers to the Contracting Party & helpdesk functionality for billing problems/questions;

Contractor: Owner of the Number and/or customer of the Message To The Moon Service;

Customer Care: Telephone operators who assist the Contracting Party of a Message To The Moon Number to answer questions and/or discuss problems;

Purpose: The (business) Purpose for which the Customer uses the Number;

Information rate reporting : Mandatory reporting of the average telephone costs per minute or per call for use of a Number;

Platform: ICT and Telecommunications Equipment of ICT and Telecom Operator that provides routing and forwarding of incoming and outgoing telephone & data traffic for Numbers;

PSTN: Public Switched Telephony Network; the public fixed telephone network in the Netherlands;

Response time: The time within which a response must be given by the person in charge of the 24-hour service monitoring and a start is made with the failure analysis.

Malfunction: The wholly or partially malfunctioning of the Services purchased from Message To The Moon in accordance with agreed specifications, resulting in discontinuity in the Services. The term malfunction does not expressly include planned interruptions in connection with the maintenance of the Platform, any extensions and additional wishes with regard to the Services and all other matters that are not contractually agreed as such and that fall under the operation of the Agreement;

ICT and Telecom Operator: Company that offers Number services;

Time To Repair (TTR): Breakdown time;

This SLA is part of the Agreement between Message To The Moon and the Contracting Party regarding the delivery of Customer Contact Solutions by Message To The Moon to the Contracting Party. The General Terms and Conditions referred to in Article 1 apply to the SLA.

1. The present SLA relates exclusively to the Services provided by means of the Message To The Moon. The ICT and telecommunications infrastructure, whether or not supplied, including fixed connections and/or peripheral equipment of the contractor, fall outside the scope of this SLA. An additional SLA applies for this.

2. In the event that Numbers can no longer be supplied by Message To The Moon as a result of force majeure, as described in Article 9 of the General Terms and Conditions, the Service Level will be suspended until the force majeure situation no longer exists. Message To The Moon undertakes to do everything in its power in a situation of force majeure to make that situation last as short as possible.

3. The Service Level only applies if the Number is used for the type of traffic for which it is intended;

4. Number series are reserved in the numbering plan for Numbers for each type of traffic. ACM assigns a Number based on the information provided by the applicant/contractor about the Purpose and expected amount of traffic. The Number assigned by ACM determines the type of traffic.

1. An order for the delivery of Services by Message To The Moon is carried out on the basis of a fully completed and signed order confirmation. The actual delivery of Services from Message To The Moon can only take place if the prospective contracting party can demonstrate that he/she is the number holder of a Number required for this purpose or that he/she can demonstrate that he is entitled to use the relevant Number in accordance with Article 13.9 of the General Terms and Conditions. Terms of Message To The Moon.

2. The delivery of Message To The Moon Services takes place with a delivery time and the agreed Rate. A

shorter delivery time is possible at an additional rate, which must be included in the agreement. Deviations from the standard services of Message To The Moon are agreed in a separate contract.

3. In the delivery, a distinction is made between Activation and Porting. Activation concerns the putting into service of a new Number or service that is not in service with another ICT and Telecom Operator until the moment of activation.

4. For activation, a delivery time of at least 11 (eleven) working days applies. A shorter delivery time for activation is possible at the applicable additional Rate. For Portering, a delivery time of at least 15 (fifteen) working days applies.

5. If the order to deliver a Service from Message To The Moon has been carried out, this will be communicated to the contracting party the same working day on which the Service was activated, stating the time at which the Service became available. This announcement is made by telephone or if the contractor cannot be reached by telephone by e-mail (if known to Message To The Moon).

6. Within the agreed delivery period, and only if the

connection(s) to the ICT and telecommunications equipment required for the (extent of the) Purpose

is present at the Contracting party , the Contracting Party can actually dispose of the Services of Message To The Moon. .

1. An application to change an existing Message To The Moon Service is only carried out on the basis of a fully completed and signed order confirmation and insofar as the application is in accordance with the provisions of Article 3 of the General Terms and Conditions.

2. Delivery of the changed Service takes place with a delivery time and fee as stated in the agreement. A shorter delivery time for changes is possible at the agreed delivery time and additional fee as agreed in the contract.

3. Requests for changes in the information rate must be submitted before the 15th of the relevant month. This way, Message To The Moon can implement this change on the first day of the upcoming month.

4. If the order to provide the change to Message To The Moon Services has been carried out, this will be communicated to the contracting party within 60 (sixty) minutes after the Service has been activated, stating the time at which the Service became available. This announcement is made by telephone or if the contractor cannot be reached by telephone by e-mail

(if known to Message To The Moon)

1. Termination of a Message To The Moon Service takes place under the conditions and notice period as stated in the General Terms and Conditions Articles 10.3 to 10.5.

2. An order to terminate a Message To The Moon Service must be submitted in writing by a fully completed and signed order confirmation

1. Message To The Moon guarantees 99.9% network availability over its ICT and Telecom services.

2. The Service is deemed to be unavailable if there is a loss of signal in one or both directions of transmission. Service availability is measured per Number. The measurement period is one year from the date of activation and each subsequent anniversary thereof. Availability is expressed as unplanned unavailability as a percentage of measurement period.

3.The following causes for unavailability are excluded from the scheme: failures caused by a failure in another building, scheduled work or maintenance periods, force majeure, failures in the copper pipe when the access circuit is DSL, acts/errors/negligence of employees of the Customer or third parties, contractors or representatives not under the control of Message To The Moon, such as a failure in Customer’s Equipment or power supply, when Customer asks Message To The Moon to perform a test and Message To The Moon finds no malfunction, when the Customer asks Message To The Moon to change the Service, when Message To The Moon suspends its Service in accordance with the Service Contract, when Equipment or applications of the Customer show malfunctions,when the Customer does not reasonably give Message To The Moon access to the Equipment of the Service, when the Customer does not use the Service in accordance with the agreed Service Contract, or in the event of malfunctions or outages caused by the Customer or where it is suspected that the Customer she herself caused.

4. When the Availability is less than the guaranteed availability, the Customer can claim compensation up to a maximum of € 5,000 per order. If less than 0.1 percentage point below the guaranteed availability, the Customer can claim 15% of the average monthly call cost. If between 0.1 and 0.2 percentage points below the guaranteed availability, the Customer can claim 20% of the average monthly call cost. And if more than 0.2 percentage point below the guaranteed availability, the Customer can claim 30% of the average monthly call cost.

1. Calamities, disruptions to the functioning of the Platform due to the influencing of the services by third parties as a result of the incorrect use of a Number as well as the complete or partial non-functioning of the ICT and Telecommunications Equipment. excluded from the Platform.

2. Unavailability of the Platform as a result of planned maintenance between 10 p.m. – 8 a.m., unavailability as a result of planned maintenance lasting longer than 5 (five) minutes and reported to the contractor at least 48 (forty-eight) hours before, is also for the calculation of the availability of the Platform is excluded.

1. Message To The Moon monitors its ICT and Telecom services 24x7x365.

2. The Failure of a Message To The Moon Service can be reported 24x7x365 via the Message To The Moon failure number.

3. A guaranteed TTR applies when a Service undergoes a total failure and is completely unavailable. This does not apply to failures resulting from Decreased Service Delivery (see below). The TTR is measured by the Message To The Moon Fault Management System (FMS). The system starts when the Customer reports a malfunction and a malfunction message is opened by Message To The Moon, and ends when Message To The Moon resolves the malfunction and closes the malfunction message. Message To The Moon will warn (or attempt to warn) the Customer when the problem has been resolved.

4. Malfunctions will be rectified within 4 clock hours, including a response time of a maximum of 1 hour. In the event of offnet, the malfunction will be resolved within 8 hours, including a response time of a maximum of 2 hours.

5. If the Service is not repaired within the guaranteed TTR, the Customer can claim compensation up to a maximum of € 5,000 per order.

Hours after repair time Compensation (average monthly call costs)

≤ 2 1 %

> 2 ≤ 4 2 %

> 4 ≤ 6 3 %

> 6 4 %

6. The Service Repair Warranty does not apply if: the failure is not the responsibility of Message To The Moon, there is no adequate power connection in the building, or if there is a power failure in the building, the Equipment of the

Customer in the building is defective or incompatible with the Service of Message To The Moon, Message To The Moon or its representatives are not allowed access to the building, or in case of force majeure, ie when Message To The Moon (temporarily) is unable to fulfill its duties or make repairs due to circumstances beyond its control.

7. Message To The Moon strives to meet scheduled maintenance at a time that suits both parties and with 14 calendar days’ notice in advance. Message To The Moon strives to warn the Customer 72 hours in advance of emergency maintenance work.

1. Alle kosten, Tarieven per Nummer(reeks) en Vergoedingen gelden voor de implementatie en exploitatie van Nummers zoals zijn overeengekomen in het contract.

2. Betaling van de door partijen aan elkaar verschuldigde prijzen, Tarieven en vergoedingen zal plaatsvinden binnen 30 (dertig) dagen na factuurdatum.

3. Message To The Moon zal haar betalingsverplichtingen voor Vergoeding voldoen binnen 30 (dertig) dagen na einde maand en na ontvangst van gelden van operator.

4. Message To The Moon is gerechtigd om, na vervaldatum van de betalingstermijn, af te dragen Vergoedingen aan
contractant te verrekenen met nog openstaande facturen voor zover deze betrekking hebben op Diensten.

5. Claims dienen schriftelijk en onder vermelding van redenen ingediend te worden bij de Message To The Moon Account Manager binnen 30 werkdagen na de betreffende gebeurtenis. Wanneer gegevens niet overeenkomen, zijn de gegevens van Message To The Moon bindend. De gemiddelde maandelijkse gesprekskosten worden berekend aan de hand van de laatste 3 (drie) in rekening gebrachte maanden voorafgaande aan de gebeurtenis.

Message To The Moon and its suppliers will use their best efforts to achieve the Service Levels described in this document. The General Terms and Conditions of Message To The Moon apply.

1. The contracting party will receive a monthly overview of his/her

Numbers employed by Message To The Moon as standard . The monthly overview is available via the web or will be sent along.

2. On request, the contracting party may also have additional reports available if these have been

agreed in an additional contract for an additional fee.

3. For further information about delivery, changes or other questions about Message To The Moon Numbers, please contact Message To The Moon and its brands

Malfunction Phone Number

Message To The Moon 0900-2356886

Fax machine. 088-8000801

Postal address:

Message To The Moon BV

PO Box 59141

1040 KC Amsterdam