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Ethernet Over Copper/Ethernet Over Fiber

Section I:

Availability Service Level:

The Availability Service Level is 99.999% for High Bandwidth Services provided by Telco Experts’ underlying carrier. Service is considered unavailable if the customer premise device is unable to send or receive traffic. If credits are due under this Availability Service Level for a particular unavailability event, service credits will not be payable under Section I(A) for the same unavailability event.

In the event that Service becomes unavailable for reasons other than an excused outage, customer will be entitled to a service credit off of the MRC for the affected Service billed by Telco Experts. Service credits are based on the cumulative unavailability of the affected Service port in a given calendar month as set forth in the following table:

Cumulative Unavailability Service Level Credit
(in hrs:mins:secs)

00:00:01 – 00:10:00 None
00:10:01 – 00:45:00 5%
00:45:01 – 04:00:00 10%
04:00:01 – 08:00:00 20%
08:00:01 – 12:00:00 30%
12:00:01 – 16:00:00 40%
16:00:01 – 24:00:00 50%
24:00:01 or greater 100%

Customer acknowledges the possibility of an unscheduled, continuous and/or interrupted period of time during which Service does not conform to SLA objectives as set forth above. Outage shall be considered “open” upon immediate notice (trouble ticket initiated) by the Customer/End-User, provided that Customer /End-User has released all or part of the service(s) for testing if requested by Telco Experts or a Technician on behalf of Telco Experts. In the event failure to conform to the SLA objectives set forth above, Customer/End-User shall be entitled to an “Outage Credit” upon request by the Customer of Record to Telco Experts. Telco Experts must receive the request within thirty (30) calendar days of the Outage, and any “Outage Credit” issued, shall be applied to the next applicable invoice sent to the Customer. If Telco Experts does not receive the Customer’s request within the required thirty (30) calendar day period, it will be deemed that the Customer has waived its right to the “Outage Credit”.

Section II:

Jitter:
A measurement of the standard deviation (packet delay) of latency averaged over a month, required for an IP packet (100 bytes) to travel between “Core” IP POPs. Jitter objective on the High Bandwidth Network for packet deviation (delay) not to exceed 15 ms.

Section III:

Exceptions: Customer shall not receive an “Outage Credit” if the Outage is: (i) caused by Customer or others authorized by Customer to use the Service under the Agreement, including the failure to comply with all installation requirements including environmental requirements for the applicable equipment; (ii) due to the failure of power, facilities, equipment, systems or connections not provided by Telco Experts and/or the Underlying Carrier; (iii) the result of network maintenance activity, or (iv) due to a Force Majeure event as defined in the Agreement; (v) due to bandwidth saturation or other resource exhaustion or outage caused by malicious traffic such as Viruses, Worms, Trojan horses, Denial of Service (DOS) attacks, etc; (vi) due to service suspension for non-payment; or (Vii) the customer is in breach of its obligations under the Agreement; or (viii) customer knowingly or unknowingly attempts to alter or manipulate QoS policies, routing or signaling protocols, or other parameters necessary to the Service. Customer’s exclusive remedy for failure to achieve any of the SLA objectives contained herein shall be Outage Credits on Customer’s monthly invoice..