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SERVICE LEVEL AGREEMENT FOR SDSL AND T1 INTERNET SERVICES
The Sling Shot Technologies Service Level Agreement ("SLA") is applicable only to SDSL and T1 Internet Services, and applies only to the Sling Shot Technologies Network and SDSL or T1 Customer Circuits. The SLA does not apply to any other services, including but not limited to, ADSL Internet Services and ISP services (including but not limited to DNS, email, and web hosting). The SLA is applicable only to SDSL and T1 Customers under contract with Sling Shot Technologies.
All terms used in this section and not otherwise defined shall have the meaning attributed to such terms in the Customer Agreement (the "Agreement") between Customer and Sling Shot Technologies.
DEFINITIONS
Sling Shot Technologies Network: "Sling Shot Technologies Network" means the infrastructure, facilities, and equipment owned, operated, or controlled by Sling Shot Technologies used to provide SDSL and T1 Internet Services. The Sling Shot Technologies Network excludes CPE, inside wiring at the Customer's premises, and any network infrastructure, facilities, or other components not owned, leased, operated, or controlled by Sling Shot Technologies.
Network Interface Device: "Network Interface Device" ("NID") is defined as the LEC-installed device that connects a Customer's inside wiring to the telephone network.
Customer Circuit: "Customer Circuit" is defined as the physical wiring between Sling Shot Technologies' network equipment and the Customer's NID.
Sling Shot Technologies IP PoP: A "Sling Shot Technologies IP Point of Presence" is defined as a location where Sling Shot Technologies' network equipment connects to the public Internet and/or the LEC equipment.
IP Region: An "IP Region" is the set of Sling Shot Technologies Service Areas that are served by a particular IP PoP. A listing of Sling Shot Technologies IP Regions is available from Sling Shot Technologies upon request. Sling Shot Technologies may, at its sole discretion, change the number and configuration of IP Regions and the assignment of Service Areas to particular IP Regions. Sling Shot Technologies may serve individual Customer Circuits from an IP PoP in a different IP Region.
Installation Interval: For completed Customer Circuits on which billing has commenced, "Installation Interval" is calculated as the number of whole calendar days between (a) the later of (i) the date Sling Shot Technologies received the Customer Circuit order from Customer or (ii) the date that Sling Shot Technologies has approved Customer's credit application (if applicable) and (b) the Billing Start Date for that Customer Circuit order. This calculation excludes: (a) any period that Sling Shot Technologies waits for a response, availability, or action from Customer, (b) any period that Sling Shot Technologies waits to install the Customer Circuit resulting from Customer failure to respond, unavailability, lack of access to Customer's facilities, change of requested installation date, or other action or inaction, or (c) any period resulting from a Force Majeure Event.
Service Available: "Service Available" is defined as the ability for a Customer to exchange Internet Protocol ("IP") packets between the Customer's NID and any IP address (of Sling Shot Technologies' choice) on the public Internet via the Sling Shot Technologies Network.
Service Outage: There is a "Service Outage" on a specific Customer Circuit when IP packets cannot be exchanged between the Customer's NID and any IP address (of Sling Shot Technologies' choice) on the public Internet via the Sling Shot Technologies Network.
A Service Outage excludes any failures to which any of the following have contributed in whole or in part:
a) Scheduled maintenance or other planned outages on the Sling Shot Technologies Network;
Time to Restore Service: "Time to Restore Service ("TTR")" is defined as the duration of a Service Outage. Time to Restore Service is calculated commencing with the date and time (as set forth on the trouble ticket) on which Sling Shot Technologies initially reports the Service Outage on a trouble ticket containing all information necessary for Sling Shot Technologies to respond to the trouble ticket and ending upon confirmation by Sling Shot Technologies to Customer that the service is restored. This calculation excludes any period that Sling Shot Technologies waits for a response, availability, or action from Customer, and further excludes any period Sling Shot Technologies spends monitoring the affected Customer Circuit after Sling Shot Technologies has restored service to the affected Customer Circuit.
Monthly Service Availability: "Monthly Service Availability" is defined as the percentage of minutes in a calendar month a Customer Circuit did not experience a Service Outage in that month. Specifically, Monthly Service Availability is a percentage calculated as:
1- [(aggregate Time to Restore Service for all Service Outages experienced by Customer Circuit in a calendar month) / (total minutes in same month)]*100
Severe Problem: A Customer Circuit is experiencing a "Severe Problem" if the aggregate Time to Restore Service for all Service Outages for such Customer Circuit is in excess of twenty-four (24) hours in any calendar month. Network Delay: "Network Delay" is defined as the time in milliseconds ("ms") required for a round-trip ping test between the Customer's NID and a Sling Shot Technologies IP PoP in a different IP Region, provided that the only traffic on the Customer Circuit during the ping test is the test traffic. Average Network Delay: The "Average Network Delay" on a Customer Circuit is the hourly average of the Network Delay measurements conducted on that Customer Circuit. Average Network Delay is not measured when the Customer Circuit is experiencing a Service Outage. Delivery: "Delivery" is defined as the percentage of IP packets successfully transmitted between the Customer's NID and a Sling Shot Technologies IP PoP in a different IP Region in a period, provided that the only traffic on the Customer Circuit during the test is the test traffic. Average Delivery: The "Average Delivery" on a Customer Circuit is an hourly average of the Delivery measurements conducted on that Customer Circuit. Average Delivery is not measured when the Customer Circuit is experiencing a Service Outage. Time to Repair Service: "Time to Repair Service" is defined as the duration that the Average Network Delay or Average Delivery on a Customer Circuit exceeds the targets for Average Network Delay or Average Delivery set forth below. Measurement of Time to Repair Service commences with the date and time (as set forth on the trouble ticket) on which Sling Shot Technologies reports the Network Delay or Delivery issue on a trouble ticket containing all information necessary for Sling Shot Technologies to respond to the trouble ticket and ends upon confirmation by Sling Shot Technologies to Customer that performance within the Average Network Delay or Average Delivery targets is restored. This calculation excludes any period that Sling Shot Technologies waits for a response, availability, or action from Customer, and further excludes any period Sling Shot Technologies spends monitoring the affected Customer Circuit after Sling Shot Technologies has restored performance to within the targets for Average Network Delay or Average Delivery for the affected Customer Circuit. Installation Interval: Sling Shot Technologies' target for Installation Interval for each Customer Circuit is: | ||
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If Sling Shot Technologies does not meet the Installation Interval Target for a Customer Circuit per the above definition and Customer requests a credit, Sling Shot Technologies will provide Customer with a credit ("Installation Interval Credit") of fifty percent (50%) of the first whole month's monthly recurring charge for that Customer Circuit. Monthly Service Availability: Sling Shot Technologies' target for Monthly Service Availability for each SDSL Customer Circuit and T1 Customer Circuit is: | ||
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If Sling Shot Technologies does not meet the Monthly Service Availability Target for a Customer Circuit per the above definition and Customer requests a credit, Sling Shot Technologies will provide Customer a credit of three percent (3%) per hour of the monthly recurring charge for such Customer Circuit for each hour (or fraction thereof, rounded to the nearest fifteen (15) minutes) of Service Outage experienced by the Customer Circuit in excess of the Service Availability Target ("Service Availability Credit"); provided that in no case will the aggregate of all Service Availability Credits and Time to Restore Credits (defined below) exceed the total monthly recurring charge billed for such Customer Circuit during such month. Example: For the purposes of illustrating the Service Availability Credit only, if a SDSL 384 Customer Circuit (i.e., monthly recurring charge of $179.00) experiences a single Service Outage with Time to Restore Service of 14 hours, 22 minutes in January 2002, Sling Shot Technologies will calculate the Service Availability Credit in the following manner: 1) Subtract Monthly Service Availability Target (in minutes) from the Time to Restore Service for the Service Outage for the month to determine the Time to Restore Service in excess of the Monthly Service Availability Target. In this case, the calculation is 14 hours, 22 minutes Time to Restore Service - 45 minutes allowable Service Outage time (1-99.9% of 44,640 minutes in January) =13 hours, 37 minutes outage in excess of target;Time to Restore Service: Sling Shot Technologies' target for Time to Restore Service for each Service Outage experienced by a SDSL Customer Circuit or T1 Customer Circuit is: | ||
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If Sling Shot Technologies does not meet the Time to Restore Service Target for a Service Outage on a Customer Circuit per the above definition and Customer requests a credit, Sling Shot Technologies will provide Customer a credit of ten percent (10%) of the monthly recurring charge for that Customer Circuit ("TTR Credit"), in addition to any other applicable credits for Service Availability, provided that in no case will the aggregate of all Service Availability Credits and TTR Credits for that Customer Circuit in a month exceed the total monthly recurring charge billed by Sling Shot Technologies for such Customer Circuit for service during such month. Severe and Chronic Problems: For any Customer Circuit that Sling Shot Technologies verifies has experienced a Severe Problem, Sling Shot Technologies may recommend to disconnect the affected Customer Circuit. If Sling Shot Technologies recommends to disconnect the affected Customer Circuit, Sling Shot Technologies will provide a credit to Customer for the amount of such disconnection fee (if any) assessed by Sling Shot Technologies. For any Customer Circuit that Sling Shot Technologies verifies has experienced a Chronic Problem, Customer may give Sling Shot Technologies approval to disconnect such Customer Circuit, and Sling Shot Technologies will provide a credit to Customer for the amount of any disconnection fee (if any) assessed by Sling Shot Technologies. Average Network Delay: Sling Shot Technologies' Average Network Delay target for all SDSL & T1 Customer Circuits is: | ||
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If Sling Shot Technologies does not meet the Average Network Delay Target for a Customer Circuit in a month per the above definition and Customer requests a credit, Sling Shot Technologies will credit the Customer ("Network Delay Credit") according to the following information: | ||
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Average Delivery: Sling Shot Technologies' targets for Average Delivery for all SDSL and T1 Customer Circuits are: | ||
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If Sling Shot Technologies does not meet the Average Delivery Target for a Customer Circuit per the above definition and Customer requests a credit, Sling Shot Technologies will credit the Customer ("Delivery Credit") according to the following table: | ||
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CLAIMS AND CREDIT AVAILABILITY It is the Customer's responsibility to identify, request and document all bona fide SLA claims and corresponding credits. To be eligible for service credits, Customer must first report service availability, delay, or delivery events to Sling Shot Technologies Customer Care. Sling Shot Technologies will notify Customer of its resolution of the reported event. Customer must claim any applicable service credits by the 15 th day of the month following the month in which (a) the reported incident was resolved (in the case of credits for Service Availability, Time to Restore Service, Network Delay, or Delivery credits) or (b) the Billing Start Date of the affected Customer Circuit (in the case of Installation Interval credits). Sling Shot Technologies will verify the Customer's claim within thirty (30) days of a complete and properly submitted credit request, and will apply any applicable credits, as determined at Sling Shot Technologies's sole discretion, to the Customer's invoice issued on the next billing anniversary date following Sling Shot Technologies' thirty (30) day review. NOTE: Total credits in a given month on a SDSL or T1 Customer Circuit may not exceed the monthly recurring fees charged by Sling Shot Technologies for such Customer Circuit during such month. Any excess credits will not carry over into later invoices. For the purposes of illustrating the timelines for Credit Availability only, if Sling Shot Technologies resolves an incident in January 2003 - regardless of when Sling Shot Technologies opened the trouble ticket for the incident - and Customer wishes to receive a credit for the incident, Customer must claim the applicable credits by February 15, 2003. If the claim is complete and is properly submitted, Sling Shot Technologies will verify the claim by March 15, 2003, and will apply any applicable credit to Customer's next invoice. Customer may not, under any circumstances, submit credit requests after the due date; Sling Shot Technologies will not accept late credit requests. Requests for SLA credits must be submitted to Sling Shot Technologies Customer Care. A separate credit request must be submitted for each Customer Circuit for which a claim is made. In addition, a separate credit request must be submitted for each type of credit (e.g., Service Availability Credit, Installation Interval Credit, etc.) requested if multiple types of claims are made on a single Customer Circuit ; provided, however, that requests for Service Availability Credits and Time to Restore Credits for a single Customer Circuit may be made via the same credit request. Sling Shot Technologies will reject any credit requests that do not provide sufficient supporting information to allow Sling Shot Technologies to verify the claim. Such information must include:
Sling Shot Technologies reserves the right to modify the format for submission of, and information required for, SLA credit requests. Sling Shot Technologies may, at its reasonable discretion and without notice, limit or eliminate Customer's eligibility and ability to submit SLA credit requests if (a) Customer fails to pay the undisputed portion of its invoice within thirty (30) calendar days after the invoice date, or (b) in Sling Shot Technologies's sole determination, Sling Shot Technologies determines that Customer has:
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