This Service Level Agreement (“Agreement”) governs hosted Voice over Internet Protocol (“VoIP”) services provided by Snapcom LLC (“Snapcom,” “we,” “us,” or “our”). By activating, using, or paying for the Services, Customer agrees to this Agreement. This Agreement is incorporated into any signed proposal, service order, renewal, or other written agreement between Customer and Snapcom.
Services are delivered over internet connections and power sources not provided by Snapcom. Service availability depends on continuous internet connectivity, power, and proper network configuration. Services are provided on a commercially reasonable efforts basis and are not guaranteed to be uninterrupted or error-free.
If Customer commits to a fixed term, Services will continue for that full term unless terminated in accordance with this Agreement.
For Cause Termination:
“For cause” means a material breach of this Agreement by Snapcom that remains uncured after written notice and a reasonable opportunity to cure.
Temporary service interruptions, performance degradation, or outages shall not constitute a material breach of this Agreement, provided Snapcom is given written notice of the issue and a reasonable opportunity to investigate and cure.
If Customer terminates Services before the expiration of the agreed term (other than for cause), Customer agrees to pay as liquidated damages an amount equal to the remaining monthly recurring charges due for the balance of the term. The parties acknowledge that Snapcom’s actual damages would be difficult to determine at the time of contracting, including but not limited to lost revenue, onboarding costs, and administrative expenses, and agree that this amount represents a reasonable estimate of such damages and is not a penalty.
If no fixed term applies, Services are month-to-month. Month-to-month Services may be terminated by either party with sixty (60) days’ written notice.
All Snapcom-provided equipment remains the property of Snapcom unless purchased in writing. Equipment must be returned within thirty (30) days of termination. Failure to return equipment may result in replacement charges at Snapcom’s then-current replacement cost. Customer bears risk of loss or damage while equipment is in its possession.
Important 911 Notice
Snapcom disclaims liability for failure or disruption of 911 services except in cases of gross negligence or intentional misconduct.
Customer agrees to notify all users of these limitations.
Customer agrees not to use Services for unlawful, fraudulent, abusive, or prohibited activities, including but not limited to unauthorized resale, robocalling, auto-dialing, or excessive use inconsistent with normal business operations. Snapcom may suspend or terminate Services for violations.
Customer remains responsible for all charges incurred until termination is complete. Snapcom may suspend Services for nonpayment or suspected fraud without waiving its right to collect outstanding balances, including amounts due for the remainder of any applicable term.
Failure to enforce any provision of this Agreement shall not constitute a waiver of future enforcement of that or any other provision.
To the maximum extent permitted by law, Snapcom’s total liability arising out of or relating to this Agreement shall not exceed the total amount paid by Customer to Snapcom during the three (3) months preceding the event giving rise to the claim.
Snapcom shall not be liable for indirect, incidental, special, consequential, exemplary, or lost profit damages, including loss of business or data.
Snapcom shall not be liable for delays or failures caused by events beyond its reasonable control, including internet outages, carrier failures, power failures, cyberattacks, natural disasters, labor disputes, or governmental actions.
Snapcom may assign or transfer this Agreement, in whole or in part, without Customer consent in connection with a merger, acquisition, corporate reorganization, or sale of substantially all of its assets. Such assignment shall not constitute a material change to this Agreement.
Customer may not assign this Agreement without Snapcom’s written consent.
Snapcom may update this Agreement from time to time. Updated versions will be posted at www.snapcom.com/sla. Updates apply immediately to new Customers and upon renewal for Customers with fixed-term agreements. Continued use of Services constitutes acceptance of the updated Agreement.
This Agreement shall be governed by the laws of the State of Missouri.
Any dispute arising out of or relating to this Agreement shall be brought exclusively in the state or federal courts located in Missouri.
In any action arising out of or relating to this Agreement, the prevailing party shall be entitled to recover its reasonable attorney’s fees and costs.