1.1. The following words shall have the following meanings for the purposes of this Service Level:
"Credit Request" means the notification which the Customer must submit in written form to Verizon Business by email at sla.support@sg.verizonbusiness.com in accordance with the provisions of this Service Level;
"Monthly Charge" means the monthly charge payable by the Customer to Verizon Business for the Service provided to the Customer affected by a breach of this Service Level.
"Planned Maintenance" means periods of maintenance of which the Customer has been given 7 calendar days prior notification by Verizon Business and which will cause disruption of Service due to non availability of the Designated Tower Cluster. Planned Maintenance shall not accumulate to more than eight (8) hours per calendar month and in any case shall not take place during local business hours;
"Service Level" means this Schedule 3;
"Tower" means a cluster of load balanced Email servers.
"Tracker" means a tool by which Service Availability and Latency are measured by recording the roundtrip data of an Email that is sent to each tower every 5 minutes.
2.1. In the event that the Customer believes it is entitled to a remedy in accordance with this Service Level, the Customer shall submit a Credit Request to Verizon Business within 20 business days from the end of the month in which the eligibility occurred. Credit eligibility is subject to verification by Verizon Business's internal logs and other appropriate documentation as detailed herein. If eligibility for a credit is confirmed by Verizon Business, Verizon Business will credit the Customer in accordance with the provisions of this Service Level. The Customer recognises that logs are only kept for a limited number of days and therefore any Credit Request submitted outside of the stipulated timeframe will be deemed invalid.
2.2. This Service Level will not operate: (a) until the Customer has been receiving the Service for 30 calendar days; (b) if the Customer's system configuration is not compliant with all Verizon Business standard configuration guidelines as published from time to time, provided Customer have been given 30 calendar days prior written notice of a change to said standard configuration guidelines; (c) during periods of Planned Maintenance; (d) during periods of non-availability due to Force Majeure or acts or omissions of either the Customer or a third party; (e) during any period of suspension of service in accordance with the Agreement; or (f) for any Customer situated in Germany.
2.3. The remedies set out in this Service Level shall be the Reseller's sole and exclusive remedy in contract, tort or otherwise in respect of Service Availability, Latency, Virus Infection, Spam - False Positives, Spam - False Negatives and Fault Response.
2.4. Unless stipulated otherwise in this Service Level Agreement, all credits will be pro rated to the number of Users affected by the degradation in levels of Service.
2.5. In respect of each Customer the maximum accumulative liability of Verizon Business in any calendar month shall be no more than 100% of the Monthly Charge for that particular Customer.
2.6. Customer will be offered a service level agreement only who receive the Service through a Designated Tower Cluster
3.1. "Designated Tower Cluster" means a cluster of Towers, minimum of two, designated to provide the Service to the Customer.
3.2. "Service Availability" means an ability to establish a SMTP session on port 25 of the Designated Tower Cluster with the ability to transmit an Email in that;
3.2.1. In relation to the Customer's inbound Email it is the availability of the Customer's Designated Tower Cluster to receive the Customer's Email on behalf of the Customer's domain on a 24x7 basis. Measurement of Service Availability will be via the Tracker; and
3.2.2. In relation to the Customer's outbound Email it is the availability of the Customer's Designated Tower Cluster to accept the Customer's outbound Email from a correctly configured Customer SMTP host on behalf of the Customer's domain(s) on a 24x7 basis. Measurement of Service Availability will be via the Tracker.
3.3. Subject to the terms of this Amendment, if in any calendar month Service Availability is below one hundred percent (100%) the Customer shall be entitled to a percentage credit in accordance with the table below.
| Percentage Service Availability per calendar month | Percentage credit of Monthly Charge |
| < 100% but > 99.0% | 20 |
| < 99.0% but > 98.0% | 40 |
| < 98.0% but > 97.0% | 60 |
| < 97.0% but > 96.0% | 80 |
| < 96.0% but > 95.0% | 100 |
3.4. In the event that the Service is terminated such termination shall be the sole and exclusive remedy in contract, tort or otherwise with respect to Service Availability.
4.1. "Latency" means, as measured by the Tracker, the average round trip time for Emails sent every 5 minutes to and from every Tower. Times for the round trip of each Email are logged and used to produce a Latency report for each Tower for each calendar month. If the average roundtrip time of the Customer's Designated Tower Cluster exceeds the delays stated in the table below, the Customer may submit a Credit Request.
| Average roundtrip time of < 95% of measurements (in minutes) | Percentage credit of Monthly Charge |
| > 2 but < 4 | 5 |
| > 4 but < 6 | 10 |
| > 6 but < 8 | 15 |
| > 8 but < 10 | 20 |
| > 10 | 25 |
4.2. This service level with regards to Latency will not operate during:
4.2.1. Any Virus outbreak where the virus to Email ratio is greater than 1:200;
4.2.2. Where a Customer suffers a Denial of Service ;
4.2.3. Delays caused by a mail loop from/to the Customer's systems.
5.1. Spam - False Positives defines as a legitimate business email that has been incorrectly stopped and classified as a Spam email.
5.2. This False Positive SLA will only operate if the Customer utilises the Anti Spam Service.
5.3. Where the False Positive capture rate rises above 0.0004% of all Customer's Email traffic in any calendar month the Customer may be entitled to a credit in accordance with the table below.
| Percentage False Positive capture rate during the calendar month | Percentage of Monthly Charge to be credited |
| >0.0004 but < 0.004 | 25% |
| > 0.004 but < 0.04 | 50% |
| >0.04 but < 0.4 | 75% |
| >0.4 | 100% |
5.4. The following Emails will not constitute False Positive Emails for the purposes of this Clause 5:
5.4.1. Emails which do not constitute legitimate business Email;
5.4.2. Emails containing more than 20 recipients;
5.4.3. Emails in which less than 80% of the Email content is in native English;
5.4.4. Where the sender of the Email is on the Customer's blacklist;
5.4.5. Emails which are sent from a compromised machine (a compromised machine being one that Verizon Business has determined through reasonable inquiry and/or reasonable reliance on information provided by third parties as being virally infected or being used by an unauthorised third party);
5.4.6. Emails which are sent from a machine which is on a third party block-list;
5.4.7. Emails which have been sent to more than 20 recipients and have at least 80% the same in content.
5.5. In order to be eligible for credit under Clause 5 the suspected False Positive Emails must be sent to support@messagelabs.com within 5 calendar days of receipt/time sent. Verizon Business will investigate and confirm whether or not the Email is a False Positive and will record the finding. At the end of the calendar month if the Customer believes the number of confirmed False Positives entitles it to a credit in accordance with the table above, the Customer must send a Credit Request to Verizon Business in accordance with Clause 2.1 of this Schedule.
5.6. The Customer recognises that investigation into suspected False Positive Emails in accordance with this Clause 5 incurs substantial administration by Verizon Business and its business partners. The Customer commits to facilitating the expedition of such queries as quickly as possible.
5.7. Credits given under this Section 5 will be calculated on the total monthly service charge and will not be pro-rated to number of Users affected.
6.1. Spam - False Negatives defines as a spam mail that has failed to been identified as spam by the service.
6.2. This False Negative SLA will only operate if the Customer utilises the Anti Spam Service.
6.3. Where the False Negative capture rate rises above 5% of all Customer's Email traffic in for the number of consecutive calendar days stated below the Customer may be entitled to a credit in accordance with the table below.
| Number of consecutive calendar days during which the False Negative capture rate rises above 5% in any calendar month | Percentage of Monthly Charge to be credited |
| 5 | 25% |
| 10 | 50% |
| 20 | 75% |
| 21+ | 100% |
6.4. This False Negative SLA will not operate where:
6.4.1. The Customer has not implemented Verizon Business's best practice for configuration;
6.4.2. The Email was not sent to a legitimate address;
6.5. In order to be eligible for credit under Clause 6 suspected False Negative Emails must be sent to support@messagelabs.com within 5 calendar days of receipt of the Email. MessageLabs will investigate and confirm whether or not the Email is a False Negative and will record the finding. At the end of the calendar month if the Customer believes the number of confirmed False Negatives entitles it to a credit in accordance with the table above, the Customer must send a Credit Request to Verizon Business in accordance with Clause 2.1 of this Schedule.
6.6. The Customer recognises that investigation into suspected False Negative Emails in accordance with this Clause 6 incurs substantial administration by Verizon Business and its business partners. The Customer commits to facilitating the expedition of such queries as quickly as possible.
6.7. Credits given under this Section 6 will be calculated on the total monthly service charge and will not be pro-rated to number of Users affected.
7.1. Ongoing research into Virus behaviour and anti-Virus technologies provides Verizon Business with an in depth perspective on the most effective anti-Virus strategies and software packages. As part of its managed service, Verizon Business is able to offer a 100% Service Level to protect Customer from infection by 100% of all Viruses contained in Email which is capable of being scanned by Anti Virus. The Customer's systems are deemed to be infected if a Virus contained in an Email received through the Service has been activated within the Customer's systems either automatically or with manual intervention.
7.2. In the event that Verizon Business detects but does not stop a Virus-infected Email, Customer will be immediately notified, providing sufficient information to enable the Customer to identify and delete the Virus-infected Email. If such notification results in a prevention of infection the remedy set out in Clause 7.3 shall not apply. Failure of the Customer to immediately act on such information will invalidate this Service Level.
7.3. Should a Customer's systems be infected by one or more Virus in any calendar month during the Minimum Period as notified to Verizon Business by the Customer in a logged and validated support email confirming that a Virus has been passed to the Customer through the Service, Verizon Business shall credit the Customer 100% of the Monthly Charge or US$3,000 whichever is the lower. Credits given under this Section 7 will be calculated on the total monthly service charge and will not be pro-rated to number of Users affected. The remedy set out in this Clause 7.3 shall be the sole and exclusive remedy in contract, tort or otherwise in respect of any infection of the Customer's systems by a Virus passed to the Customer through the Service. For the avoidance of doubt, the remedy set out in this Clause 7.3 shall not apply in cases of deliberate self-infection by the Customer.
8.1. Whenever the Customer raises a problem, fault or request for service information via telephone or Email with Verizon Business, its priority level is determined and it is responded to as defined in the table below.
| Priority Level | Definition | Target |
| Critical | Loss of Service that cannot be circumvented | Acknowledged within 2 hours; Customer being informed of progress at appropriate intervals |
| Major | Loss of Service that can be circumvented, partial loss of Service or Service impairment | Acknowledged within 4 hours; Customer being informed of progress at appropriate intervals |
| Minor | Potentially Service affecting | Acknowledged within 8 hours; impact assessed and Customer being informed of developments at appropriate intervals, if required |
| Information | Non-Service affecting information request | Acknowledged within 24 hours; passed to appropriate owner within Verizon Business for due consideration and prioritizing according to assessed impact |
8.2. If the Customer believes that it has experienced a delay in response to a request concerning a particular Customer outside of the parameters defined above it may be entitled to a credit. Credit Requests must state the time, date and the log number of the incident. If eligible, the Customer will be credited in accordance with the table below.
8.3. Credits given under this Section 8 will be calculated on the total monthly service charge and will not be pro-rated to number of Users affected.
| Priority | Failure to meet target | Percentage Credit of Monthly Charge |
| Critical (up to a maximum of 5 incidents in any calendar month) | More than once in a calendar month | 5 |
| Major (up to a maximum of 6 incidents in any calendar month) | More than twice a calendar month | 4 |
| Minor (up to a maximum of 7 incidents in any calendar month) | More than three times in a calendar month | 3 |
| Information (up to a maximum of 20 incidents in any calendar month) | More than five times in a calendar month | 2 |