A. Scope. This Service Level Agreement (“SLA”) is for Internet Services. Widomaker shall endeavor to meet the performance standards and services levels set forth in this SLA with respect to the Services provided to Customer. In the event Widomaker fails to meet the service levels set forth herein, Customer’s sole and exclusive remedies shall be the Credit Allowances or right to terminate as provided in this Agreement.
B. Service Interruption. Widomaker will provide Customer with Service Interruption Credits as provided in this SLA if Customer experiences a Service Interruption. A Service Interruption or an outage in the Services is not a Default under the Agreement, but may entitle Customer to credits as provided in this SLA. A Service Interruption is a loss of connectivity that prevents a Customer from using the Services. A Service Interruption period begins when Customer makes a Trouble Report to Widomaker's Service Center under the methods and procedures set forth in Section F of this SLA and ends when Widomaker restores the Services to End User.
(i )Service Interruption Credits for Network Availability for all Services except Widomaker Optical Internet Services. A Credit Allowance will be given in any month during the term of the Agreement when there is a Service Interruption that qualifies for a credit allowance. Customer must request the Service Interruption credit from Widomaker and the request must be made by calling the Service Center at 757-253-7621. The amount of the Credit Allowance shall be as follows:
(i) Service Interruptions of less than 8 continuous hours: none;
(ii) Service Interruptions of 8 continuous hours or more: 1/30th of the monthly MRC for the applicable Service for each 8 hour period or fraction thereof.
(ii) Service Interruption Credits for Network Availability, Network Latency and Packet Loss. Optical Internet Services are subject to the following Service Levels.
Network Latency Service Level. Network Latency is defined by Widomaker as the round-trip delay for a packet to travel between two Regional Data Centers (RDCs) on the CBS IP backbone, averaged on a monthly basis. The average monthly round-trip delay is measured in milliseconds. CBS’s Network Latency Service Level is 70 milliseconds or less. If Widomaker fails to meet any Network Latency Service Level in a calendar month , Customer’s account shall be automatically credited as follows: The credit allowance shall consist of pro-rated charges for three (3) days of the Widomaker monthly recurring charge (MRC) for Service for the applicable month.
Network Packet Delivery Service Level. Network Packet Loss is defined by Widomaker as the percentage of packets lost during a transmission between two Regional Data Center (RDCs) on the CBS IP backbone, averaged on a monthly basis. The average monthly packet loss is measure in percentage of packets dropped per 100. CBS’s Network Packet Delivery Service Level is 99% or greater. If Widomaker fails to meet any Network Packet Delivery Service Level in a calendar month Customer’s account shall be automatically credited as follows: The credit allowance shall consist of pro-rated charges for three (3) days of the Widomaker MRC for COI Service for the applicable month.
Network Availability Service Level Network Availability, as it relates to the BusinessLink Service, is defined by Widomaker as the ability to transmit data from the Widomaker/CBS demarc at the Customer location to any one of the transit or peering points on the CBS IP backbone. Network Availability does not mean the customer will be able to reach any site or user on the Internet, nor does it mean any site or user on the Internet can reach the Customer, as there are many factors, outside of Widomaker’s control, that can affect an end-to-end connection. CBS’s Network Availability Service Level is 100% when customer’s location is provisioned using CBS redundant-path local access circuits (“Enhanced Local Access”). For all other Widomaker-provided local access methods, CBS Network Availability Service Level is 99.9% (“Standard Local Access”). If Widomaker experiences a Network Outage in excess of the Network Availability Service Level, Widomaker shall credit Customer’s account as follows: For Enhanced Local Access - Up to One (1) hour; 1/30th of the MRC; more than One (1) hour, 1/30 of the MRC for each hour or portion thereof. For Standard Local Access: Up to One (1) hour; None; more than One (1) hour, 1/30 of the MRC for each for each hour or portion thereof.
C. Exceptions to Credit Allowance. Credit Allowances shall not be provided for Service Interruptions or failures to meet the Service level parameter: (i) caused by Customer, its employees, agents or subcontractors or its users; (ii) due to failure of power or other equipment provided by Customer or the public utility supplying power to Widomaker or Customer; (iii) during any period in which Widomaker and/or CBS is not allowed access to the premises of Customer to access Widomaker equipment; (iv) due to scheduled maintenance and repair; (v) caused by or due to violations of the Widomaker Acceptable Use Policies(for Internet Services); (vi) caused by fiber optic cable cuts on the Customer’s property which are not the fault of Widomaker; (vii) caused by a loss of service or failure of Customer’s internal wiring or other Customer equipment; (viii) caused by the software or encryption provided by Customer; or (ix) due to Force Majeure events. In no event shall Customer receive more than One (1) month’s MRC as credit for Service Interruptions or outages in any thirty (30) day period regardless of the number of Service Interruptions or outages, or failures to meet this SLA.
D. Major Outage. If five (5) times during the term of the Agreement, the Services to the Customer experience a Service Interruption for a period greater than One (1) business day, (“Major Outage”) other than as a result of the causes set forth in Section C above, Customer may terminate Service and such termination shall be without charge or payment of any Termination Fee otherwise provided in the Agreement; provided Customer complies with the notification process described in Section D of this SLA. Within thirty (30) days of the occurrence of the 5th Major Outage Customer shall notify Widomaker in writing of its election to terminate the applicable Services and termination shall be effective upon Widomaker's receipt of such notice. If Customer fails to notify Widomaker within thirty (30) days of the 5th Major Outage, of its intent to terminate, then Customer shall be deemed to have waived its right to terminate under this Section D until the occurrence of a subsequent Major Outage, if any. Upon termination under this Section D, neither party shall have any further rights, obligations, or liabilities to the other party, with respect to such Services except those accrued through the termination date, and that expressly survive termination of this Agreement.
E. Trouble Reports. For Customer support, Customer shall call Trouble Reports to 757-253-7621. A “Trouble Report” means any report made by Customer relating to the Services, or equipment provided by Widomaker.
F. Trouble Report Service Level. Customer shall be entitled to Credit Allowances for affected Services that are not repaired within eight (8) hours of receipt of the Trouble Report; provided that this Credit Allowance shall not apply where (i) the Service difficulty was caused by Customer, its employees, agents or subcontractors; (ii) due to failure of power or other equipment provided by, Customer or the public utility supplying power to Widomaker or Customer; (iii) during any period in which Widomaker and/or CBS is not allowed access to the premises of Customer to access Widomaker equipment; (iv) due to scheduled maintenance and repair; (v) caused by a loss of service or failure of the Customer internal wiring or other Customer equipment; or (vii) due to Force Majeure events.
Revised: July 1, 2009