Econnected Data Center SLA

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Service Level Agreement for Econnected Data Center Services

This Service Level Agreement (“SLA”) governs internet technology solutions & services (“Services”) provided under Econnected Data Center Services Terms and Conditions of Service, applicable Service Schedules for IT Services and IT Services Order Form (collectively, the “Agreement”) agreed to by each user of the Services (“Customer”) and BNS (Provider). Provider may supplement or amend this SLA without notice, with such changes being effective upon their posting to https://ecxsystems.com/SLA.

Description and Objectives

Services will be measured on the basis of the following service level objectives (“SLA Objectives”): site, Network and power availability (“Availability”), change notification and implementation, mean time to repair (“MTTR”) and incident notification. This SLA provides for 24 hours a day, 7 days per week coverage of the SLA Objectives as follows:

Methodology

Availability. The SLA Objectives for Availability are as follows:

Availability Objectives SLA

  • Site Availability 100%
  • Network Availability 100%
  • Power Availability 100%

Availability will be measured from the time a trouble ticket is opened by Customer to the time network access is restored, based on the average of actual minutes of site, network or power availability as a percentage of the corresponding total available network minutes for the month in which the non‐conformance occurs, and will be calculated as follows:

Availability = ((Calendar Month Minutes ‐ Excluded Minutes ‐ Outage Minutes)/ (Calendar Month Minutes ‐ Excluded Minutes)) x 100.

The equipment and cabling used by Customer must meet any specifications provided by Econnected Data Center, shall be capable of using dual power sources and must not be allowed to exceed the power rating identified by the manufacturer.

Other SLA Objectives. Other SLA Objectives covered under the Econnected Data Center Services SLA include: change notification or implementation, mean time to repair (“MTTR”) and incident notification, which will be measured on a best effort basis as follows:

Other SLA Objectives SLA

  • Change Notification ‐ 24 hours.
  • Implementation (logical) ‐ 2 to 5 business days.
  • Other changes are dependent upon equipment availability from the vendor source.

Mean Time to Repair (MTTR) Classification of repair item:

  • Low/Information: no timeframe.
  • Minor: 24 hours or less.
  • Major: 8 hours or less.
  • Critical: 4 hours or less.

Definition of Classification: Provider shall take notice of severity level of repair from Customer, but will assess and classify the level of repair based on its own assessment. In assessing the level of repair classification, Provider will utilize the following categorizations:

  • Low/informational ‐ A notification of information and not a repair item;
  • Minor ‐ A notification of a normal repair item with low impact and/or individual user impact;
  • Major ‐ Service impact of item of at least 50% with little to no workarounds; or
  • Critical ‐ Out of service/potentially revenue impacting for Customer’s business.

Receipt notifications: Receipt notifications will occur within 15 to 20 minutes. Email notification only assures that the incident has been noted, but is not enough to guarantee repair. Customer must call the Provider Customer Support Center to ensure that repair actions are underway. Time waiting on Customer responses, or items, necessary to resolve issues will be excluded from the MTTR measurement.

Incident Notification: Incident Notification target is within 20 minutes.

Service Credits

If Provider does not meet its Availability SLA Objectives, Customer may apply for a service credit (“Service Credit”) proportional to the Service nonconformance up to the percentage set forth in the table below, multiplied by the base monthly recurring charge, excluding taxes, fees, surcharges and other similar charges, (“MRC”) for the Service elements responsible for the non‐conformance, subject to any limitations and/or exclusions in this SLA, as follow:

Availability Measurement Service Credit

  • 99.999% to 100% No Credit
  • 99% to 99.999% Up to 10% MRC
  • 98% to 98.999% Up to 25% MRC
  • 97% to 97.999% Up to 50% MRC
  • Less than 96.999% Up to 100% MRC

To be eligible for a Service Credit, Customer must: (i) properly request that Provider open a trouble ticket documenting the non‐conformance and (ii) request the Service Credit within thirty (30) days after the trouble ticket is closed by emailing Provider Agent with “Service Credit Request” in the subject field. Each Service Credit request must reference the circuit identifier(s) for the Service element(s) responsible for the nonconformance, the associated trouble ticket number(s) and include any corroborating data or information.  Service Credit requests will be evaluated in relation to the respective accumulated Availability statistics for the month during which the non‐conforming event is alleged to have occurred. Service Credit requests that encompass multiple months will be prorated in accordance with the relevant statistical accumulations for each month.   shall have thirty (30) business days from the end of the month in which the request is submitted to respond to Customer. Service Credit requests approved by Provider will be credited to Customer’s Provider account during the billing cycle beginning not less than ten (10) business days after approval.

Service Credit Limitations and Exclusions

Service Credit requests will not be accepted for open trouble tickets. Customer may not receive more than one Service Credit per month for any SLA Objective non‐conformance involving a particular circuit element. Multiple instances of nonconformance for the same circuit element during a given month will not be eligible for multiple Service Credits, however, if approved, will be applied toward the accumulated monthly statistics for Network Availability. Service Credits will not be available if Customer fails to request a trouble ticket or for Service terminated by Customer. Service Credits will be Customer’s exclusive remedy for any Service non‐conformance or defect and under no circumstances will Customer be entitled to any refund or other payment for a violation of this SLA. Service Credits may not be transferred or applied to another account. Service Credits are not available for scheduled maintenance or upgrades to the Provider network or facilities, or planned or unplanned maintenance or upgrades to Customer’s local area network (“LAN”), including, but not limited to, network devices and physical plant equipment (e.g. HVAC and power system) or for any Service non‐conformance or defect caused by or associated with, in whole or in part, the following:

  • Any non‐conformance, failure or delay associated in whole or in part with Customer’s LAN, Customer provided software, equipment, applications, facilities or connectivity or for any beta or trial service;
  • Any act or omission on the part of Customer, others engaged or authorized by Customer or by third parties (including, without limitation, other service providers and utilities) and violations of the Provider Acceptable Use Policy (“AUP”);
  • Customer’s failure to release the Service for testing and repair as requested by EarthLink Business or any failure by Customer, or others authorized by Customer, to provide reasonable access to Customer’s premises that prevents EarthLink Business from complying with obligations;
  • Any force majeure event or other event beyond the control of Provider, including, without limitation, unavailability, interruptions or delays in telecommunications or other third party equipment, supplies, power or services needed to provide the Services, virus attacks and hackers;
  • New Service that has not been accepted by Customer or any Service non‐conformance occurring within the first thirty (30) days of Service for the affected circuit element;
  • Service that is (i) modified on an individual case basis (“ICB”), (ii) based on classes of service other than Committed Information Rate (“CIR”) or Variable Bit Rate (“VBR”), (iii) where the router or other customer premises equipment (collectively, “CPE”) is not configured to Traffic Shape the packets offered to less than or equal to the Sustained Cell Rate (“SCR”) or CIR, and/or (iv) delivered to the Customer using EVDO/Wireless; and network access that does not directly interface a port on the Provider network via physical or logical connection; or
  • Any event or occurrence resulting in a “no trouble found” determination by Customer Support.

Chronic Outage

In the event of a chronic Service outage (“Chronic Outage”) as defined below, Customer may request an escalation of repair in writing to Provider Agent. “Chronic Outage” means a specific circuit element at a particular Service location (i) that experiences three (3) or more occurrences of repairs during a given month not resulting from a Customer caused impairment or (ii) that is in violation of the same Network Availability SLA Objective more than three (3) times within a given month (“Affected Service”). Provider will have ten (10) business days following receipt of Customer’s notification of a Chronic Outage to evaluate and prescribe a resolution, including a timeline to complete the prescribed repairs (“Cure Period”). If Provider is unable to resolve the Chronic Outage within the Cure Period, Customer may terminate the Affected Service with thirty (30) days written notice to Provider without incurring an early termination fee (“ETF”); however, Customer will remain obligated to pay for all Services received through the termination date.

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