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Service Level Agreement
Virtual Private Network Service Parameters

This Service Level Agreement (“SLA”) between the Customer and Telco Experts provides Customers subscribing to the Telco Experts provided Virtual Private Network (“VPN”) Service with certain rights and remedies regarding the performance of the Telco Experts provided VPN Service. The “Telco Experts VPN Service” means the Telco Experts provided Data Protocol (IP) routing and selected points of presence (“POPs”) as well as the connections between them in the United States. The Telco Experts provided service does not include (i) Customer premise equipment; (ii) any local loop or access facilities connecting Customer’s premises to the selected POP; (iii) connections between the utilized service network and other Data service providers, or (iv) other Data service provider networks. The terms of this SLA will take effect the first full calendar month after Customer’s first use of the Telco Experts Data Services.

A. Network Availability Guarantee and Remedy

I. The Telco Experts Virtual Private Network Service shall be available to Customers free of Network Service Outages for 99.5% of the time. A “Service Network Outage” is an instance in which a Customer is unable to transmit and receive IP packets due to an infrastructure network outage for more than thirty (30) consecutive minutes.

II. Customers shall be eligible for a credit for Service Network Outages occurring during any calendar month that are reported by Customer to Telco Experts (per the procedures set forth in this SLA) and confirmed by Telco Experts’ measurements of the Service provided. For calculating credit allowances, every month is considered to have 30 days. A credit allowance is applied on a pro rata basis against the base monthly recurring charges (“MRCs”) for the affected service and is dependent upon the length of the Service Network Outage measured from the time that Telco Experts receives notice from Customer of actual circuit unavailability (established by a Trouble Ticket) until restoration of the affected circuit by Telco Experts or its associated carriers. Only those facilities on the interrupted portion of the circuit will receive a credit.

B. Latency Guarantee and Remedy

I. The Telco Experts Data Service Average Round-Trip Latency shall be fifty (50) milliseconds or less for round-trip packet transfers between POPs supporting the Service provided during such month, as measured by Telco Experts or an authorized third party by Telco Experts. The Data Extended Service Average Round-Trip Latency shall be fifty (50) milliseconds or less for round-trip packet transfers between POPs supporting the Telco Experts Extended Reach Service during such month, as measured by Telco Experts “Average Round-Trip Latency,” with respect to a given month, means the average time required for round-trip packet transfers between POPs supporting the Telco Experts Service or the Telco Experts Data Extended Service Network during such month, as measured by Telco Experts or an authorized third party by Telco Experts. Average Round-Trip latency between the Data Service supplied via Telco Experts and the Telco Experts Extended Data Services shall not exceed 100 milliseconds.

II. If Average Round-Trip Latency within the Telco Experts Data Services or the Telco Experts Extended Data Services for a calendar month exceeds fifty (50) milliseconds, then upon Customer’s request (in accordance with the procedure set forth in the SLA), Telco Experts will issue a credit to Customer equal to one day’s worth of the base IP MRC paid by Customer for such month. In order to qualify for the credit, Customer is responsible for reporting any suspected latency problems to Telco Experts within twenty-four hours from the time Customer became aware of the problem through the opening of a Trouble Ticket.

III. For International Data services, please contact Telco Experts at 1-800-795-6200 for round trip country latency end points.

C. Packet Delivery Guarantee and Remedy

I. The Telco Experts Virtual Private Network Service Average Packet Delivery shall be 99.5% or greater. “Average Packet Delivery,” with respect to a given month, means the average percentage of IP packets transmitted through the Telco Experts Service during such month that are successfully delivered, as measured by Telco Experts.

II. If Average Packet Delivery falls below 99.5% during a calendar month, then upon customer’s request (in accordance with the procedure set forth in the SLA), Telco Experts will issue a credit to Customer equal to one day’s worth of the base IP access fee paid by Customer for such month. In order to qualify for the credit, Customer is responsible for reporting any suspected packet delivery problems to Telco Experts within twenty-four hours from the time Customer became aware of the problem through the opening of a Trouble Ticket.

D. Jitter Guarantee and Remedy (Not applicable to International/or Extended Reach Data customers)

I. The Telco Experts Data Service Average for Jitter Performance measurement shall be one (1) millisecond or less. “Jitter Performance,” with respect to a given month, is the average delay variation in the end-to-end delay between received packets of an IP or packet stream through the Telco Experts service provided during such month, as measured by Telco Experts.

II. If Average Jitter Performance on the Services for a calendar month exceeds one (1) millisecond, then upon Customer’s request (in accordance with the procedure set forth in the SLA), Telco Experts will issue a credit to Customer equal to one day’s worth of the base IP MRC paid by Customer for such month. In order to qualify for the credit, Customer is responsible for reporting any suspected jitter problems to Telco Experts within twenty-four hours from the time Customer became aware of the problem through the opening of a Trouble Ticket.

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