EXHIBIT A
SERVICE LEVEL AGREEMENT FOR METRO-ETHERNET
AND DEDICATED INTERNET ACCESS SERVICES
SERVICE LEVEL AGREEMENT FOR METRO-ETHERNET AND DEDICATED INTERNET ACCESS SERVICES
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Technical Specifications.
Metro-Ethernet Service shall be IEEE 802.3 and MEF 6.1 compliant. Description of Service
Layer 2 telecommunications transmission transport links provided between two or more points that meet at designated demarcation points between Provider Hub and Customer to provide Metro-Ethernet and/or Dedicated Internet Access Service.
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Service Outage. Subject to this Section 2, in the event of a Service Outage to any On-Net Metro-Ethernet or Dedicated Internet Access (DIA) Service, Customer may be entitled to a credit (a “Service Credit”) in accordance with Section 5 below. A “Service Outage” is a complete disruption of an On-Net Metro-Ethernet or DIA Service under this Service Level Agreement (“SLA”), such that Customer is unable to utilize the Service for its intended purpose as contemplated hereunder. A Service Outage shall be deemed to begin upon Provider’s receipt of notice from Customer of the Service Outage, and end when the Service is operational, as documented by Provider’s records. Notwithstanding anything to the contrary in this SLA, in the Agreement or in any Service Order, in no event shall a Service Outage or failure to meet any objectives or parameters under this SLA be deemed to be or constitute a breach by Provider of this SLA, the Agreement or any Service Order.
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Performance Objectives. Provider’s Service level objectives for any On-Net Metro-Ethernet and/or DIA Service are as follows:
Service Availability – ≥99.9% per month
Service availability is the percentage of time that the Provider Network is capable of accepting and delivering Customer data to the total time in the measurement period (one month).
Latency – 30ms (round trip)
Latency is the average round trip Provider Network delay, measured every 5 minutes at the relevant Provider Hub/POP. Round trip delay is measured in milliseconds, and the measurement period is one calendar month. For DIA, Provider measures latency using a standard 64byte ping from Customer premise device to the Provider Internet access router in a round trip fashion. For Metro-Ethernet, Provider measures latency using a standard 64byte ping from Customer premise device between site A and site Z.
Packet Loss – <0.1%
Packet loss is defined as the average number of packets that are not successfully received. Packet loss is the average ratio of total packets that are sent compared to those that are received. Ratios are based on packets that are transmitted from a Provider Network origination point and received at a Provider Network destination point (network Hub to network Hub).
Jitter – <10ms
Jitter, also known as Frame Delay Variation, is defined as the short-term variations measured for a portion of successfully delivered service frames over a 30-day period.
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Service Restoration Objectives. Provider’s mean time to respond and repair any On-Net Service in the event of a Service Outage are as follows:
Mean Time to Respond is the average time required for Provider to begin troubleshooting a reported Service Outage. The Mean Time to Respond objective is two (2) hours from Provider’s receipt of notice of such Service Outage.
Mean Time to Repair is defined as the average time from the moment Provider is given access to all necessary Service components to commence repair activities until restoration of the Service to an operational condition as defined herein. Provider’s Mean Time to Repair objective is four (4) hours.
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Service Credits. In the event of a Service Outage to an On-Net Metro-Ethernet or DIA Service, Customer may request a Service Credit of the applicable MRC for the impacted Service based on the table below.
Duration of Service Outage
Service Credit
Less than 43 Minutes
No credit.
>43 Minutes to Four Hours
5% of Applicable MRC
> Four Hours to Eight Hours
10% of Applicable MRC
> Eight Hours to Twelve Hours
20% of Applicable MRC
>Twelve Hours to Sixteen Hours
30% of Applicable MRC
>Sixteen Hours to Twenty Hours
40% of Applicable MRC
>Twenty Hours
50% of Applicable MRC
The number of minutes of separate and discrete Service Outages will not be accumulated to determine the percentage of Service Credit. Service Credits hereunder are calculated as a percentage of the MRC set forth in the Service Order, and may not be applied to usage charges, government fees, taxes or surcharges or any third party charges passed through to Customer by Provider. Customer must be in good standing to be eligible for Service Credits; no Service Credits will be given on past-due accounts or to Customers otherwise in non-compliance under this Agreement. Service Credits issued to Customer hereunder shall be Customer’s sole and exclusive remedy at law or in equity on account of any Service Outage and/or failure to meet any objectives or parameters set forth in this SLA. In no event shall Provider’s total liability for any and all interruptions, disruptions, failures, and/or degradations in Service (including, without limitation, any Service Outage or failure to meet any objectives or parameters set forth in this SLA) exceed fifty percent (50%) of the MRC for the affected Service.
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Service Credit Request. Customer must submit a written request to claim a Service Credit no later than thirty (30) days following the event which gives rise to Customer’s right to request the Service Credit. Failure to request an allowance within such period shall constitute a waiver of any claim for a Service Credit. Customer can submit a request by going to http://www.breezeline.com/sla-request and submitting a completed SLA Credit Request Form.
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Multiple Applicable Service Standards. If an incident affects the performance of the Service and results in a period or periods of interruption, disruption, failure or degradation in Service, entitling Customer to one or more credits under multiple service level standards, only the single highest credit with respect to that incident will be applied, and Customer shall not be entitled to credits under multiple service level standards for the same incident.
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Events Excepted From Service Credit. Notwithstanding the foregoing, Customer shall not receive any Service Credit for any Service Outage, nor shall Provider be liable for any failure to meet any objectives or parameters hereunder, or delay in performing repairs, arising from or caused, in whole or in part, by any of the following events:
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Customer’s (including its agents, contractors and vendors) negligence, intentional act, omission, default and/or failure to cooperate with Provider in addressing any reported Service problems, including failing to take any remedial action in relation to a Service as recommended by Provider, or otherwise preventing Provider from doing so and/or moving or tampering with any Provider Equipment located at the Customer’s (or end user’s) premises;
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Failure on the part of Customer Equipment, end user equipment or Customer’s vendor’s equipment;
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Failure of electrical power not provided by Provider;
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Trouble caused by services or systems not provided by Provider;
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Election by Customer, after requested by Provider, not to release the Service for testing and repair;
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Provider’s inability to obtain access required to remedy a defect in Service;
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Scheduled or emergency maintenance;
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Scheduled upgrade of Service at the request of Customer;
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Force Majeure Event; and/or
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Disconnection or suspension of the Service by Provider pursuant to a right provided under this Agreement.
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SERVICE LEVEL AGREEMENT FOR METRO-ETHERNET AND DEDICATED INTERNET ACCESS SERVICES
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Technical Specifications.
Metro-Ethernet Service shall be IEEE 802.3 and MEF 6.1 compliant. Description of Service
Layer 2 telecommunications transmission transport links provided between two or more points that meet at designated demarcation points between Provider Hub and Customer to provide Metro-Ethernet and/or Dedicated Internet Access Service.
-
Service Outage. Subject to this Section 2, in the event of a Service Outage to any On-Net Metro-Ethernet or Dedicated Internet Access (DIA) Service, Customer may be entitled to a credit (a “Service Credit”) in accordance with Section 5 below. A “Service Outage” is a complete disruption of an On-Net Metro-Ethernet or DIA Service under this Service Level Agreement (“SLA”), such that Customer is unable to utilize the Service for its intended purpose as contemplated hereunder. A Service Outage shall be deemed to begin upon Provider’s receipt of notice from Customer of the Service Outage, and end when the Service is operational, as documented by Provider’s records. Notwithstanding anything to the contrary in this SLA, in the Agreement or in any Service Order, in no event shall a Service Outage or failure to meet any objectives or parameters under this SLA be deemed to be or constitute a breach by Provider of this SLA, the Agreement or any Service Order.
-
Performance Objectives. Provider’s Service level objectives for any On-Net Metro-Ethernet and/or DIA Service are as follows:
Service Availability – ≥99.9% per month
Service availability is the percentage of time that the Provider Network is capable of accepting and delivering Customer data to the total time in the measurement period (one month).
Latency – 30ms (round trip)
Latency is the average round trip Provider Network delay, measured every 5 minutes at the relevant Provider Hub/POP. Round trip delay is measured in milliseconds, and the measurement period is one calendar month. For DIA, Provider measures latency using a standard 64byte ping from Customer premise device to the Provider Internet access router in a round trip fashion. For Metro-Ethernet, Provider measures latency using a standard 64byte ping from Customer premise device between site A and site Z.
Packet Loss – <0.1%
Packet loss is defined as the average number of packets that are not successfully received. Packet loss is the average ratio of total packets that are sent compared to those that are received. Ratios are based on packets that are transmitted from a Provider Network origination point and received at a Provider Network destination point (network Hub to network Hub).
Jitter – <10ms
Jitter, also known as Frame Delay Variation, is defined as the short-term variations measured for a portion of successfully delivered service frames over a 30-day period.
-
Service Restoration Objectives. Provider’s mean time to respond and repair any On-Net Service in the event of a Service Outage are as follows:
Mean Time to Respond is the average time required for Provider to begin troubleshooting a reported Service Outage. The Mean Time to Respond objective is two (2) hours from Provider’s receipt of notice of such Service Outage.
Mean Time to Repair is defined as the average time from the moment Provider is given access to all necessary Service components to commence repair activities until restoration of the Service to an operational condition as defined herein. Provider’s Mean Time to Repair objective is four (4) hours.
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Service Credits. In the event of a Service Outage to an On-Net Metro-Ethernet or DIA Service, Customer may request a Service Credit of the applicable MRC for the impacted Service based on the table below.
Duration of Service Outage
Service Credit
Less than 43 Minutes
No credit.
>43 Minutes to Four Hours
5% of Applicable MRC
> Four Hours to Eight Hours
10% of Applicable MRC
> Eight Hours to Twelve Hours
20% of Applicable MRC
>Twelve Hours to Sixteen Hours
30% of Applicable MRC
>Sixteen Hours to Twenty Hours
40% of Applicable MRC
>Twenty Hours
50% of Applicable MRC
The number of minutes of separate and discrete Service Outages will not be accumulated to determine the percentage of Service Credit. Service Credits hereunder are calculated as a percentage of the MRC set forth in the Service Order, and may not be applied to usage charges, government fees, taxes or surcharges or any third party charges passed through to Customer by Provider. Customer must be in good standing to be eligible for Service Credits; no Service Credits will be given on past-due accounts or to Customers otherwise in non-compliance under this Agreement. Service Credits issued to Customer hereunder shall be Customer’s sole and exclusive remedy at law or in equity on account of any Service Outage and/or failure to meet any objectives or parameters set forth in this SLA. In no event shall Provider’s total liability for any and all interruptions, disruptions, failures, and/or degradations in Service (including, without limitation, any Service Outage or failure to meet any objectives or parameters set forth in this SLA) exceed fifty percent (50%) of the MRC for the affected Service.
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Service Credit Request. Customer must submit a written request to claim a Service Credit no later than thirty (30) days following the event which gives rise to Customer’s right to request the Service Credit. Failure to request an allowance within such period shall constitute a waiver of any claim for a Service Credit. Customer can submit a request by going to http://www.breezeline.com/sla-request and submitting a completed SLA Credit Request Form.
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Multiple Applicable Service Standards. If an incident affects the performance of the Service and results in a period or periods of interruption, disruption, failure or degradation in Service, entitling Customer to one or more credits under multiple service level standards, only the single highest credit with respect to that incident will be applied, and Customer shall not be entitled to credits under multiple service level standards for the same incident.
-
Events Excepted From Service Credit. Notwithstanding the foregoing, Customer shall not receive any Service Credit for any Service Outage, nor shall Provider be liable for any failure to meet any objectives or parameters hereunder, or delay in performing repairs, arising from or caused, in whole or in part, by any of the following events:
-
Customer’s (including its agents, contractors and vendors) negligence, intentional act, omission, default and/or failure to cooperate with Provider in addressing any reported Service problems, including failing to take any remedial action in relation to a Service as recommended by Provider, or otherwise preventing Provider from doing so and/or moving or tampering with any Provider Equipment located at the Customer’s (or end user’s) premises;
-
Failure on the part of Customer Equipment, end user equipment or Customer’s vendor’s equipment;
-
Failure of electrical power not provided by Provider;
-
Trouble caused by services or systems not provided by Provider;
-
Election by Customer, after requested by Provider, not to release the Service for testing and repair;
-
Provider’s inability to obtain access required to remedy a defect in Service;
-
Scheduled or emergency maintenance;
-
Scheduled upgrade of Service at the request of Customer;
-
Force Majeure Event; and/or
-
Disconnection or suspension of the Service by Provider pursuant to a right provided under this Agreement.
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