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This Service Level Agreement (“SLA”) is a part of the Business Services Agreement (“BSA”) between Customer and MWFN.
On-Net Service. MWFN’s network is designed for 100% availability.
Off-Net Service . If Customer experiences Network Unavailability for an Off-Net Service for more than 15 consecutive minutes, Customer will receive, at Customer’s request, one (1) hour Service Credit for each cumulative hour of Network Unavailability in such calendar month. Provided the MWFN Network experiences at least two (2) hours of Network Unavailability in any given calendar month, additional Network Unavailability of less than one (1) hour will result in a proportional Service Credit. (Example: 2 hours, 15 minutes of Network Unavailability will result in 2.25 hours Service Credits.) Customer may obtain no more than one (1) month Service Credit for any given month.
MWFN’s Outage Notification Guarantee is to proactively notify the Customer within one (1) hour after MWFN determines that Customer’s Service is unavailable. MWFN’s standard procedure is to ping the Customer’s router or CPE device every minute. If Customer’s router or CPE does not respond after ten consecutive ping cycles, MWFN will deem the Service unavailable and will contact Customer’s designated point of contact by a method elected by MWFN (telephone or email).
If MWFN fails to meet this Outage Notification Guarantee, Customer will receive, at Customer’s request, one (1) day Service Credit for the Service with respect to which this Guarantee has not been met. Customer may obtain no more than one day Service Credit per day, regardless of how often in that day MWFN failed to meet the Customer Reporting Guarantee. Customer may obtain no more than one (1) month Service Credit for any given month.
The monthly average Network Latency for packets carried over the MWFN Network between the MWFN POP is 45 milliseconds or less.
Network Latency (or Round trip time) is defined as the average time taken for an IP packet to make a round trip between the MWFN CPE and the MWFN Core Router in the case of Dedicated Internet Access services, or between the local and remote MWFN CPEs in the case of Transport services.
If MWFN fails to remedy such Network Latency within one (1) business day of being notified of any excess Network Latency and average Network Latency for the preceding 30 days has exceeded the rates specified above, Customer will receive, at Customer’s request, a Service Credit for the period from the time of notification by the Customer until the average Network Latency for the preceding 30 days is less than the rates specified above. Customer may obtain no more than one (1) month Service Credit for any given month.
The MWFN Network has an average monthly Packet Loss no greater than 0.1% (or successful delivery of 99.9% of packets). Packet Loss is defined as the percentage of packets that are dropped between the MWFN POP on the MWFN Network. After being notified by Customer of Packet Loss in excess of 0.1%, MWFN will use commercially reasonable efforts to determine the source of such excess Packet Loss and to correct such problem to the extent that the source of the problem is on the MWFN Network.
If MWFN fails to remedy such excess Packet Loss within one (1) business day of being notified of any excess Packet Loss on the MWFN Network and average Packet Loss for the preceding 30 days exceeds 0.1%, Customer will receive, at Customer’s request, a Service Credit for the period from the time of notification by the Customer until the average Packet Loss for the preceding 30 days is less than 0.1%. Customer may obtain no more than one (1) month Service Credit for any given month.
CPE or Customer Premise Equipment refers to the MWFN provided device located at the Customer location where services is delivered.
Dedicated Internet Access or Internet Transit refers to MWFN’s Layer 3 service that provides customers access to the public Internet.
Transport refers to MWFN’s Layer 2 service that provides customers point to point or multi-point connectivity between 2 or more locations.
On-Net means buildings that are directly connected to the MWFN Network and, as such, do not require MWFN to lease a third-party local loop in order to provide connectivity.
Off-Net means buildings that are not directly connected to the MWFN Network and require MWFN to lease a third-party local loop in order to provide connectivity.
MWFN Network means the telecommunications/data communications network and network components owned, operated or controlled by MWFN, any equipment connected to such fiber, and the software, data and know-how used by MWFN in the provision of the Services. Where MWFN provides Service to a building through its own facilities, the MWFN Network includes those facilities. The MWFN Network does not include customer premises equipment, customer-ordered telephony circuits, and any networks or network equipment not operated and controlled by MWFN.
MWFN POP means a major network facility owned, operated, or controlled by MWFN which is directly connected to the MWFN fiber backbone network and which contains network aggregation equipment.
MWFN Core Route r refers to the device which provides Dedicated Internet Access services.
Monthly Recurring Charge means the fixed, recurring charge invoiced by MWFN to Customer on a monthly basis for the Service, exclusive of any variable charges based upon Customer usage.
Network Unavailability means the number of minutes that the MWFN Network was not available to Customer, including the number of minutes that the MWFN Network was not available associated with any non-Scheduled Maintenance to the MWFN Network. Network Unavailability will not include Scheduled Maintenance, or any unavailability resulting from: (a) problems with or maintenance on Customer’s applications, equipment or facilities; (b) acts or omissions of Customer or an authorized user; (c) unavailability caused by companies other than MWFN, except MWFN-ordered third-party local loops; or (d) Force Majeure.
Scheduled Maintenance means any maintenance of the MWFN Network (or portion thereof) to which Customer’s router is connected that is performed during a standard maintenance window from 00:00am to 06:00am (local time of the MWFN Hub to which Customer’s circuit is connected).
Service Credit means
If MWFN approves a claim for Service Credit for failure to comply with the Installation Guarantee, Service Credit shall mean the Monthly Recurring Charge for Customer’s first full month of the Service, not including installation charges or other start-up fees.
In order to initiate a claim for Service Credit, Customer must contact MWFN’s customer service group within seven (7) business days after the end of the month for which credit is requested. The Service Credit request must provide: (a) the Customer name and contact information; (b) the date and beginning/end time of the claimed outage or failed metric; and (c) a brief description of the characteristics of the claimed outage or failed metric.
Customer will be notified via e-mail upon resolution of the request. If rejected, the notification will specify the basis for rejection. If approved, MWFN will issue Service Credit to Customer’s account, appearing on the next invoice issued. Multiple Service Credits will not be given for the same period of time, i.e., failure to meet multiple criteria during a period of time generates only a single Service Credit. The total number of all Service Credits for all failures to meet Guarantees occurring in a given month may not exceed the total Monthly Recurring charge actually paid by Customer for Service during that month. Service Credits will be credited against a Customer’s monthly payment for Monthly Recurring Charges and may not be received in the form of a refund.
The Guarantees and Service Credits provided for in this SLA assume compliance by Customer with the terms and conditions of its BSA with MWFN, and the failure of Customer to comply with those terms and conditions may invalidate MWFN’s guarantees provided herein. No credit is available for a Customer (a) that is blocking MWFN from monitoring Customer’s premises router; (b) that does not provide the necessary access to personnel and facilities at the Customer’s premises to enable MWFN to perform comprehensive troubleshooting; or (c) whose account is not in good financial standing with MWFN. MWFN is not liable for failure to fulfill its obligations hereunder if such failure is due to Customer’s use of bandwidth in excess of the maximum amount specified in Customer’s BSA, Customer’s tampering with any equipment, or acts beyond MWFN’s reasonable control, such as Force Majeure.