Quality of Service Commitment
If, during the first thirty (30) calendar days
after installation, you notify Widomaker that you
are not satisfied that Widomaker SDSL Internet
access/network connectivity service has increased your company's
productivity, you may request that your service be discontinued, and we will
relieve you from the remaining term of your service commitment and waive any
"early termination fee" otherwise applicable under our standard terms
of service. No penalties, no arguments.
- Our Commitment: Widomaker
commits to provide an average monthly roundtrip delay of 80 milliseconds
or less within Widomakerís network in North America.
- Your Remedy: Any Customer who
experiences average latency in excess of 80 milliseconds for any
calendar month may request a two-day Service Credit. Any Customer who
experiences average latency in excess of 80 milliseconds in each of two
consecutive calendar months may request a seven-day Service Credit.
Network Availability Commitment
- Our Commitment: Widomaker
commits to provide 99.9% availability each month for your connection
within Widomakerís network in North America.
- Your Remedy: Any Customer who
experiences availability of the network connection of below 99.9% in any
calendar month may request a one-day Service Credit for each whole hour
of unavailability in such month in excess of the above minimum
Customer Premise Equipment Commitment
- Our Commitment: All Customer premise
equipment (i.e., the installed bridge, modem or router (CPE) in support
of service) leased from Widomaker will be
guaranteed by Widomaker to be free from
defects (other than those attributable to abuse, tampering or
unauthorized repair or modification) during the term of service.
- Your Remedy: Widomaker
will repair or replace all leased CPE that is determined by Widomaker to be defective (and not the subject of
Customer misuse, tampering or unauthorized repair/modification) within
the applicable warranty period.
Service Credit Specifications
In the event Widomaker
fails to achieve any Service Level Commitment, at your request, Widomaker will credit your account in accordance with the
applicable remedy set forth above in connection with such Service Level
Commitment and subject to the following:
- To be eligible for a
Service Credit, you must report the commitment failure to Widomaker within five (5) days of its occurrence (via telephone at 757-253-7621 or via e-mail
notification to email@example.com), and you must have
notified Widomaker of any service-affecting
conditions at the time of such failure and have provided Widomaker with all other information reasonably
requested in furtherance of troubleshooting the reported issue.
- All requests for Service
Credits for validly reported commitment failures must be delivered in
writing to Widomaker. Requests must identify
the Service Level Commitment at issue, include the "trouble ticket;
number assigned to Customer's report, and include such other information
as Widomaker may have reasonably requested to
assist it in verifying the request. Widomaker may
reject any Service Credit request which does not provide sufficient
supporting information to allow Widomaker to
verify the claim. All requests for Service Credits will be subject to
confirmation by Widomaker, and will be applied
by Widomaker as soon as possible to a
subsequent recurring invoice following approval. Widomaker
shall promptly notify Customer of its resolution of the reported event.
Customer must claim any applicable Service Credits by the 15th day of
the month following the month in which the reported incident was
resolved. Widomaker will inform Customer of
credit requests rejected for insufficient information, and Customer will
be allowed to resubmit such requests with additional supporting
information within fifteen (15) days of Widomaker
notification of its rejection of the credit request. After Customer
resubmits the credit request with the additional supporting information,
the standard verification and crediting timelines outlined herein shall
- Service Credits are
calculated based on the contracted monthly rate for the affected SDSL
circuit, prorated by the number of days of credit provided as the remedy
for the applicable Service Level Commitment, based on a 30-day month
(e.g., a one-day Service Credit means the Customer will receive as a
credit an amount equal to 1/30 of the applicable recurring monthly
charge for the affected service). The maximum Service Credit to be
granted for all failures within a given month shall not exceed the
monthly recurring fees charged by Widomaker for
the given service for the month in which the given Service Credit is
claimed. Any excess credits will not carry over into later invoices.
Remedies available hereunder shall only be payable in the form of a
Service Credit to Customer's account. Widomaker
shall have no obligation to pay cash to Customer to fulfill any earned
Service Credit, unless Widomaker records
verify that all services have been terminated and authorized Service
Credits remain outstanding which are in excess of any remaining amounts
due and owing from Customer to Widomaker, and
then, only to the extent of the excess amount.
- If any event triggers a
breach of two or more Service Level Commitments, Customer shall only
receive a Service Credit equal to the highest applicable Service Credit
being requested in connection with the breached Service Level
- Customer shall be
ineligible for a Service Credit hereunder if Customer is not in
financial good standing with Widomaker (i.e.,
current on all billings) at the time of the request.
- The "quality of
service" commitment is not available to Customers who have been
migrated to Widomaker network from another ISP
as part of a customer acquisition. For those eligible Customers who do
avail themselves of the 30-day cancellation policy set forth in such
commitment, they shall remain responsible for the monthly recurring
charges for that initial month of service and any outstanding one-time
charges associated with delivery of service in accordance with the terms
of their service agreement with Widomaker.
The remedies set forth herein for each Service
Level Commitment shall be the exclusive remedy available to Customer for Widomaker failure to achieve such Service Level
Commitment. This SLA does not represent a warranty or guarantee by Widomaker that services will be uninterrupted or fit for
any particular purpose or intended use of any kind, and Widomaker
shall not be liable for any damages of any nature or amount as a result of
any failure to achieve any Service Level Commitment, other than the permitted
Service Credits authorized and described hereunder.
This SLA applies to SDSL circuit connectivity
service and related equipment only. Widomaker will
not be responsible for, and Service Credits will not be issued in connection
with, any failure by Widomaker to meet a Service
Level Commitment by reason of any of the following:
- Any Customer act or
omission, including without limitation any negligence, willful
misconduct or misuse of any service or equipment, which impairs Widomaker ability to provide service.
- Scheduled maintenance on
the Widomaker network.
- Failure on the part of
Customer to timely report the incident and open a trouble ticket in
accordance with this SLA.
Widomaker may modify the Service Level Commitments and your
remedy for the failure by Widomaker to meet any
Service Level Commitment at any time. Such modifications shall be deemed
effective immediately upon either posting of the modified SLA on
the Widomaker web site, currently located at
www.dsl.net, or notifying you. If you have any questions, please contact your
Revised: September 1, 2008