| STS Telecom Service Level Agreement (SLA) |
| 1. General. STS Telecom intends to provide its services
such that the Services will perform in a manner consistent with the objectives
set forth in this document. If STS Telecom fails to perform its services
such that any of the following SLAs are not met, the sole obligation of
STS Telecom and the Customer's sole remedies shall be for STS Telecom to
use commercially reasonable efforts to effectuate a repair of the Services
and for STS Telecom to provide the credits, if any, specified below. |
| |
| 2. Network Availability. (a) "Network Availability" is
the percentage of total minutes during a calendar month that the Services
are available to the Customer. Network Availability is calculated as follows: |
| |
| Network Availability = |
|
|
[(Minutes in a month) - (Total outage minutes)]
|
 |
|
(Minutes in a month)
|
|
|
| |
| The Services shall be deemed to be "unavailable" whenever an outage
is recorded on a STS Telecom trouble ticket classified as "major" or "critical"
by STS Telecom's Network Operations Center which results in Customer not
having the ability to transmit or receive packets by means of the Services,
and "Total Outage Minutes" shall be deemed to be the length of time during
which the Services are unavailable to the Customer, as reflected on such
trouble tickets. "Total outage minutes" shall not include any outages
(i) occurring during scheduled maintenance activities; (ii) attributable
to any act or omission of Customer; (iii) attributable to Customer's applications,
equipment or facilities; (iv) resulting from reasons of Force Majeure or
other causes beyond the reasonable control of STS Telecom; or (iv) lasting
ten minutes or less.
(b) The objective for Network Availability is 100%. For any month
in which the objective is not met, Customer will receive a credit, which
may be applied towards Customer's subsequent monthly invoice(s), equal
to 1/30th of the monthly recurring charges for the affected Services (i.e.,
the portion(s) of the Services directly made unavailable as a result of
the outage(s) in question) for each cumulative hour or portion thereof
during which such Services are unavailable to the Customer (subject to
the limitations set forth herein). Unavailability and credits will be prorated
and paid in 15-minute increments. |
| |
| 3. Mean Time to Repair. "Mean Time to Repair" is the monthly
average time over any calendar month it takes for STS Telecom to resolve
any outage problem classified as "major" or "critical" by STS Telecom's
Network Operations Center. Mean Time to Repair is calculated as follows: |
| |
| Mean Time to Repair = |
|
|
Total outage minutes
|
|
|
Total outage occurrences
|
|
|
| |
| The objective for Mean Time to Repair is not to exceed four (4) hours.
This objective will be measured and reported but the Customer will not
receive a credit if the objective is not met. |
| |
| 4. Installation Date. (a) "Installation Date" is the actual
date that the Services are made available to the Customer. The Installation
Date shall not be deemed missed due to installation delays attributable
to (i) reasons of Force Majeure or other causes beyond the reasonable control
of STS Telecom; or (ii) Customer's applications, equipment or facilities.
All expedited installation requests do not qualify for this installation
SLA.
(b) The objective for the Installation Date is to be on or before
the target date committed to by STS Telecom, as reflected on STS
Telecom's service management records. For any installation for which
the objective is not met (other than for the reasons set forth above) Customer
will receive a credit, which may be applied towards Customer's subsequent
monthly invoice(s), equal to 100% of the installation charges (if any)
otherwise payable by the Customer for the Services. |
| |
| 5. Latency. (a) "Average Latency" is the monthly average
round-trip latency of designated portions of STS Telecom's network, determined
by measuring round-trip network responses over such portions of the network
as determined by STS Telecom.
The objective for Average Latency is to not be greater than 55 milliseconds.
For any month in which the objective is not met, Customer will receive
a credit, which may be applied towards Customer's monthly invoice, equal
to 10% of the monthly recurring charges for the Services.
Network delay will not be considered for purposes of Average Latency,
and Service credits will not be available to Customer, in cases where the
Services are delayed as a result of (i) the negligence, acts or omissions
of Customer, its employees, contractors or agents or its end users; (ii)
the failure or malfunction of testing equipment, applications or systems;
(iii) circumstances or causes beyond the control of STS Telecom, including
instances of Force Majeure; or (iv) scheduled service maintenance, alteration,
or implementation. Such credits will be granted only if Customer affords
STS Telecom full and free access to Customer's equipment to perform necessary
testing, troubleshooting or related activities. |
| |
| 6. Packet Loss. (a) "Average Packet Loss" is the monthly
average round-trip packet loss of designated portions of STS Telecom's
network, determined by measuring round-trip network responses over such
portions of the network as determined by STS Telecom.
The objective for Average Packet Loss is to not be greater than 0.5%.
For any month in which the objective is not met, Customer will receive
a credit, which may be applied towards Customer's monthly invoice, equal
to 1/30th of the monthly recurring charges for the Services.
Packet loss will not be considered for purposes of Average Packet Loss,
and Service credits will not be available to Customer, in cases where packets
are lost as a result of (i) the negligence, acts or omissions of Customer,
its employees, contractors or agents or its end users; (ii) the failure
or malfunction of testing equipment, applications or systems; (iii) circumstances
or causes beyond the control of STS Telecom, including instances of Force
Majeure; or (iv) scheduled service maintenance, alteration, or implementation.
Such credits will be granted only if Customer affords STS Telecom full
and free access to Customer's equipment to perform necessary testing, troubleshooting
or related activities. |
| |
Other Terms and Conditions
Customer should anticipate receiving any applicable credit within 2
billing cycles after the month in which the SLA objective was missed.
If Customer believes a credit should have been applied but was not, Customer
must request credits within 120 days after the date of the report from
STS Telecom giving notice that an SLA objective was missed and that a credit
is being issued. The total credits payable for SLA objectives (other
than the Installation Date SLA) missed during any one-month period shall
not exceed the total monthly recurring charges for the Services in that
month. |
| |
| 7. Force Majeure. Force Majeure is defined as including
war, riots, embargoes, strikes, or other concerted acts of workers (whether
STS Telecom’s or others), casualties or accidents, malicious or criminal
acts of third parties, or any other causes or circumstances whether of
a similar or dissimilar nature to the foregoing, which prevent or hinder
the delivery of the Services). |
|
