Dedicated Internet Service Level Agreement

SERVICE LEVEL AGREEMENTS (“SLA”). This SLA sets forth the performance metrics applicable to CSS’s Dedicated Internet Service as well as the terms and conditions governing the availability of Service Credits to Customer.

COMPONENTS INCLUDED

This SLA provides Customers purchasing CSS’s Dedicated Internet Access (DIA) service with certain rights and remedies regarding the performance of the CSS Network and underlying network components. (i.e., POP’s, routers, backbone) The CSS Network is defined as the CSS owned and operated Data (IP) routing infrastructure consisting of Network to Network interfaces and CSS points of presence (POPS) as well as the connections utilized between them & local access and connection facilities (i.e., the local loop or tail circuits) (“Local Access”) used to access the CSS Network. Under no circumstances will the SLA apply to any Local Access furnished or ordered directly by Customer from a third party or any equipment or networking components provided by the Customer. 

SLA Targets

Network AvailabilityLatencyPacket Loss
End to End: 99.99%50ms (roundtrip)<0.1%

NETWORK AVAILABILITY

Network Availability” is calculated as the total number of minutes in a calendar month less the number of minutes that the service is not capable of forwarding packets due to a service interruption (“Downtime”), divided by the total number of minutes in a calendar month. Downtime excludes (a) planned outages, (b) routine maintenance, (c) time when CSS or its affiliates are unable to gain access to Customer’s premises to troubleshoot, repair or replace equipment or the circuit, (d) service problems resulting from acts or omissions of Customer, (e) Customer equipment failures, and (f) Force Majeure Events (collectively “Excluded Disruptions”). Network Downtime is measured from the time a CSS network personnel identifies an issue, or Customer reports an issue by notifying CSS at access@consolidatedsmart.com to the time the Affected Service is again able to transmit and receive data according to CSS records. “Affected Service” refers to the service that fails to meet the applicable SLA. 

CSS’s monthly Network Availability Target is 99.99%.

The following table contains examples of the percentage of Network Availability translated into minutes of Downtime for the 99.99% Network Availability target:

Percentage by Days Per MonthTotal Minutes / MonthDowntime Minutes
99.99% for 31 Days44,6404.5
99.99% for 30 Days43,2004.3
99.99% for 28 Days41,7604

LATENCY

The average network delay (“Latency”) measured every 5 minutes during a calendar month, to determine a consistent average performance level for latency. The roundtrip delay is expressed in milliseconds (ms). Latency will be measured using roundtrip pings from the Customer premise equipment provided by CSS to the CSS internet access router.

Latency is calculated by dividing the total number of measurements by the sum of the roundtrip delay measurements. 

PACKET LOSS

Packet Loss is defined as the percentage of packets that are not successfully received compared to the total packets that are sent in a calendar month. The percentage calculation is based on packets that are transmitted from a network origination point and received the Customer premise equipment provided by CSS to the CSS internet access router.

Packet Loss % = 100% - Packets Received %

REMEDIES

·       General. The provisions of this SLA set forth Customer’s sole and exclusive remedy for Service interruptions or Service deficiencies. Subject to the following terms and conditions, Customer will be eligible to receive a Service Credit for any such interruptions or deficiencies. Customer must request a Service Credit within fifteen (15) calendar days from: (a) the date the outage occurred or (b) the date the goals for latency or packet delivery were not met. Customer should direct the request to the CSS at access@consolidatedsmart.com. Customer’s request must be accompanied by the CSS trouble ticket issued by the CSS. Any SLA credits shall be calculated based on a percentage of the Service Charges for the Service that was affected by the Service Disruption. The maximum Service Credits issued in any one calendar month shall not exceed (100%) of the MRC for the Affected Service.

·       Exceptions. Customer will not be entitled to Service Credits when the failure to meet the SLA was the result of any of the following: (a) the acts or omissions of Customer, its employees, contractors or agents, or End Users; (b) the failure or malfunction of equipment, applications or systems not owned or controlled by CSS; (c) Force Majeure Events; or (d) scheduled service maintenance, alteration, or implementation.

MAINTENANCE

·       Normal Maintenance. CSS will perform Normal Maintenance (or nonemergency maintenance) on the CSS Network during the maintenance hours (windows) set forth below. “Normal Maintenance” refers to: (a) upgrades of hardware or software; (b) upgrades to increase capacity; or (c) other pre-scheduled network activity that may degrade the quality of the Service or cause Service interruptions. CSS will use commercially reasonable efforts to perform all Normal Maintenance between the hours of 12:00 midnight and 6:00 AM Local Time. “Local Time” refers to the time of day in the time zone in which an affected Service is located; provided, however, that if affected Services are located in multiple time zones, Local Time shall refer to the U.S. Pacific Time zone.

·       Emergency Maintenance. “Emergency Maintenance” refers to efforts to correct CSS Network conditions, requiring immediate attention. The performance of Emergency Maintenance may degrade the quality of Services and may result in total disruption of Service. CSS may undertake Emergency Maintenance at any time that it deems necessary in its sole discretion. CSS shall provide Customer notice of Emergency Maintenance as soon as is reasonably feasible under the circumstances.