Five9 Service Levels
A. System Availability
Services (as defined in the Master Services Agreement between Customer and Five9) shall be available twenty-four (24) hours a day/seven (7) days a week, at the targeted uptime levels noted below (each a “Targeted Uptime”), subject to the SLA Exclusions. “SLA Exclusions” include a) unavailability caused by Customer’s or Customer’s end-customer’s network, equipment, or internet connection; b) Scheduled Maintenance (defined below), c) service interruptions caused by the service providers of voice connectivity, natural language, or speech synthesis; or d) force majeure events as defined in the Agreement.
While Five9 does not have any scheduled downtime for VCC voice, periodic non-Customer impacting main tenance may be required. For other Services, Five9 regularly publishes its scheduled periodic maintenance windows and agrees to notify Customer at least seven (7) days in advance of system maintenance activities within these windows (“Scheduled Maintenance”). Other than for Scheduled Maintenance, Five9 shall promptly publish the notification on the status portal (and notify Customer via the preferred notification method if Customer is subscribed to notifications) in the event the Services becomes inaccessible and shall use reasonable efforts to resume performance of the Services as soon as practicable.
In the event Five9 does not meet one or more of Targeted Uptimes listed below, Customer may be eligible to receive a Service credit for the affected month as the sole and exclusive remedy (“Service Credit”). To receive a Service Credit, Customer must make a written request to Five9 (e.g., via email) within thirty (30) days of the failure to meet the Targeted Uptime. Amount of Service Credit will depend upon length and severity of the Service issue and be made available in accordance with the applicable Service Credits percentages Calculation Method and described.
| Five9 Service | Guideline | Targeted Uptime | Service Credits From |
| VCC Voice (ACD/Dialer), Email, Chat | Availability to make and receive calls, emails and chats | 99.999% | VCC, Email and Chat Agent Seat subscription fees (or bundle subscription fee, if ordered as part of a bundle) |
| Five9 WFO (powered by Verint) | Service Availability | 99.999% | Five9 Verint WFO subscription fees (for affected service(s)) |
| Five9 WFO | Service Availability | 99.999% | Five9 WFO subscription fees (for affected service(s)) |
| Five9 AI | Service Availability | 99.999% | Five9 (IVA, AI, Agent Assist) subscription fees |
| All other generally available Five9 Subscription Services (e.g., excluding 3rd party services resold by Five9) | Service Availability | 99.999% | Subscription fees (for affected services) |
Service Credits. Service Credits are based on the following Targeted Uptimes, calculated as set forth below:
| Calculated Availability | Service Credit |
| 99.999% | 0% |
| Below 99.990% | 5% |
| Below 99.000% | 15% |
| Below 97.000% | 100% |
Service Credits Calculation Method:
Availability = 1‐ (Total Minutes Down / Total Minutes)
Total Minutes Down = Total Impacted Users * minutes down (per incident)
Total Minutes = 365 days / 12 months * 24 hours * 60 minutes * Total Provisioned Users
Total Impacted Users = number of agents impacted by a particular incident
Total Provisioned Users = number of agents that are configured to use a particular service
Chronic Failures:
In the event Five9 does not meet a Targeted Uptime for a particular Service for three (3) consecutive calendar months (“Chronic Failure”), Customer shall have the right to terminate that affected Service without penalty if Customer provides written notice to Five9 within thirty (30) days following such third consecutive calendar month. Customer agrees that any such termination does not entitle Customer to a refund or credit of any fees for Services already performed or delivered by Five9 and that fees are still payable for Services that were delivered up to the date of termination and those Services unaffected by the chronic failure.
B. Incident Response
Five9 Support will be available in accordance the support terms at https://www.five9.com/supportservices.
Five9 will respond to Customer’s calls for service in accordance with the Response Targets defined below.
| Priority Level | Description | Response Target |
Priority1 | An issue which is causing the Service to become inoperative or severely impaired, which has a severe impact on Customer’s business, and for which there is no alternative processing, fix or workaround. | 15 minutes |
Priority 2 | An issue which is degrading the Service functionality, causing Customer’s business to be significantly affected. | 30 Minutes |
Priority 3 | Malfunctions causing the loss of a few minor Service functions having minor impact on Customer’s business. The Service is operative with some functions being limited, or non-time critical functions being inoperative causing inconvenience to Customer. | 4 hours |
Priority 4 | Single, non-critical, component of the Service is down or degraded. No significant business impact on Customer | 24 hours |
C. Root Cause Analysis (“RCA”)
Upon written request within thirty (30) days of Five9’s failure to meet an applicable Targeted Uptime (“Incident”), Five9 will provide an RCA. The RCA will summarize the reasons for the failure, the actions taken to address the Incident, and any recommendations for Service upgrades to help prevent a reoccurrence of the Incident.
| RCAType | Description | Response Target from Closure of Incident |
| Final RCA | Final findings to include recommendations for upgrades to help prevent reoccurrence of the same incident | 5 Business Days |
