SERVICE LEVEL ATTACHMENT
1. Service Level Attachment
a. The following Service Level Terms and Conditions are incorporated into the signed Service Agreement between you (“You” or “Customer”) and Helixcore Systems, Inc. that refers to this Service Level Attachment. This Service Level Attachment constitutes the service level commitment of Helixcore Systems, Inc. to you as a broadband customer and/or VOIP customer.
b. Please review this Service Level Attachment. By signing the one page contract referencing these terms, you agree to be bound by the Service Level Terms and Conditions set forth in this document.
c. If Helixcore Systems, Inc. makes a change to this Service Level Attachment that has a material impact on the Service, you will be provided notice of that change. Your continued use of the Service following such notice constitutes your acceptance of those changes.
2. Definitions
The following terms and definitions shall be used in this Service Level Attachment ("SLA"):
Access Facility ("AF") - The physical connection between a Customer node and the Helixcore Systems, Inc. Network
Measurement Period - The measurement period begins on the first day of each month and ends on the last day of such month. For service initiation, the measurement period begins on the first day of the next full month after service is initiated. For service termination, the final measurement period is considered the last full month prior to service termination.
Service Connection - A generic term for your contracted broadband service.
VOIP – A generic term for your Voice over IP Service
VOIP Outage - A “VOIP Outage” is defined as when Customer cannot make or receive any calls because of application or network issues related to network elements directly under Helixcore Systems, Inc.’s control.
3. Service Connection Features
Helixcore Systems, Inc. Service Connections consist of three components, a physical link, an IP connection between the customer and the internet, and the appropriate CPE. The physical link will generally be an Ethernet, DSL or a DS-1 connection (access) from the Customer's business location to the Internet.
4. Network Availability
4.1. Service Level Commitment
For the Service Connections provided to Customer under the Agreement with Helixcore Systems, Inc., Helixcore Systems, Inc. is committed to maintain an end to end Network Availability (as defined below) of ninety-nine and nine-tenths percent (99.9 %) for SDSL T1, Ethernet handoff and Wireless services. This is across the entire Helixcore Systems, Inc. network and not specific to any single customer line.
4.2. Measurement and Calculation
“Network Availability” is the ratio the time the core network is capable of accepting and delivering information to the total time in the Measurement Period. Network Availability is expressed as a percentage.
The calculation for Network Availability is:
Total Minutes of Downtime in Measurement Period
1 - ------------------------------------------------------------- x 100%
Total Minutes in Measurement Period
4.3. Components Included
This is a network-wide measurement
4.4. Components Excluded
The following shall be excluded from any network outage time when calculating the Network Availability:
Network downtime during scheduled maintenance windows of Helixcore Systems, Inc. or its vendors
The failure of any components due to negligence or intentional misconduct of the Customer
All Customer Premise Equipment (“CPE”), whether or not provided by Helixcore Systems, Inc.
Network downtime during which Helixcore Systems, Inc. cannot access required facilities due to inaccessibility beyond Helixcore Systems, Inc.’s reasonable control
Network Downtime due to Acts of God or nature
Failures due to the local loop
Network Downtime due to scheduled maintenance, caused by the act or failure to act of Customer or any party other than Helixcore Systems, Inc. or caused by any action or event beyond Helixcore Systems, Inc.'s reasonable control
Network Downtime due to failure of any network or system provided by customer or any third party.
All ADSL and IDSL services
4.5. Network Availability Remedies
Upon notification by the Customer and verification by Helixcore Systems, Inc. that the actual Network Availability is below the committed Network Availability for the Measurement Period, Helixcore Systems, Inc. shall apply a credit equal to fifteen percent (15%) of the monthly service charge under the Agreement for each line validated outages in the applicable Measurement Period. Such credit shall be Customer's sole and exclusive remedy for Helixcore Systems, Inc.’s failure to meet the committed Network Availability. Customer must request credit within sixty (60) days of the validated outage. Helixcore Systems, Inc. reserves the right to determine if an outage is considered a validated outage. Customer payables must be current prior to receiving any credits. Requests for credits may take up to thirty (30) days to research and review; customer is responsible for paying current invoices and will receive a credit after the thirty (30) day review period.
5. Throughput
5.1. Service Level Commitment
Latency to the Internet Gateway from the Customer CPE will not exceed 60ms.
5.2. Measurement and Calculation
Throughput is the ability of the network to transmit traffic without loss or error at the contracted connection
speed, measured over the Measurement Period. Latency to the gateway will not exceed 60ms.
5.3. Excluded Items
The following shall be excluded from any determination of Throughput:
The failure of the CPE or any components on the Customer side of the CPE, whether or not such CPE was provided by Helixcore Systems, Inc.
Service degradation during Helixcore Systems, Inc.'s scheduled maintenance windows
The failure of any components due to negligence or intentional misconduct of the Customer
Service degradation during which Helixcore Systems, Inc. cannot access required facilities due to inaccessibility beyond Helixcore Systems, Inc.’s reasonable control
Service degradation due to Acts of God or nature
Any lines added, removed, or re-configured during the month
Service degradation due to the local loop
Network Downtime or Service Degradation due to failure of any network or system provided by customer or any third party.
Network Downtime caused by the act or failure to act of Customer or any party other than Helixcore Systems, Inc. or caused by any action or event beyond Helixcore Systems, Inc.’s reasonable control
All ADSL and IDSL services
5.4. Throughput Remedies
Upon notification by the Customer and verification by Helixcore Systems, Inc. that the actual Throughput is below the Committed Throughput for the Measurement Period, Helixcore Systems, Inc. shall apply a credit equal to fifteen percent (15%) of the monthly service connection charge for each line that fails to meet the Committed Throughput in the applicable Measurement Period. Such credit shall be Customer's sole and exclusive remedy for Helixcore Systems, Inc.’s failure to meet the committed Throughput. Customer must request credit within sixty (60) days of the validated outage. Helixcore Systems, Inc. reserves the right to determine if an outage is considered a validated outage. Customer payables must be current prior to receiving any credits. Requests for credits may take up to thrity (30) days to research and review; customer is responsible for paying current invoices and will receive a credit after the thirty (30) day-review period.
6. Mean Time To Respond
6.1. Service Level Commitment
Helixcore Systems, Inc. is committed to maintain a maximum response time of (one) 1 hour. Helixcore Systems, Inc. will accept trouble calls
from Customer 24-hours a day, 7 days a week. Within one (1) hour of opening a trouble ticket, a Helixcore Systems, Inc. representative will attempt to contact the Customer through the trouble ticket system and inform the Customer of the Estimated Time to Repair (“ETTR”). If a significant change in the ETTR occurs, Helixcore Systems, Inc. will attempt to provide an update to the ETTR to the Customer.
6.2. Measurement and Calculation
Elapsed time is measured from the time a particular trouble ticket is opened by Helixcore Systems, Inc. to the time Helixcore Systems, Inc. attempts to contact the Customer with a status update of the trouble reported. The “Mean Time to Respond” calculation is as follows:
SUM of (Time Representative Attempts to Contact Customer - Time Trouble Reported)
---------------------------------------------------------------------------------------------- (Number of
Trouble Tickets Opened During the Measurement Period)
6.3. Excluded Items
The following shall be excluded from any determination of Mean Time To Respond:
When response is not met due to Acts of God or nature, scheduled maintenance, the act or failure to act of Customer or any party other than Helixcore Systems, Inc. or any action or event beyond Helixcore Systems, Inc. 's reasonable control
When response is not met due to of any network or system provided by customer or any third party.
All ADSL and IDSL service
6.4. Mean Time to Respond Remedies
Upon notification by the Customer and verification by Helixcore Systems, Inc. that the committed Mean Time to Respond is not met for the Measurement Period, Helixcore Systems, Inc. shall apply a credit equal to fifteen percent (15%) of the monthly service connection charge for each line included in the trouble ticket for which Helixcore Systems, Inc. did not meet the committed Mean Time to Respond. Such credit shall be Customer's sole and exclusive remedy for Helixcore Systems, Inc.'; failure to meet the committed Mean Time to Respond. Customer must request credit within sixty (60) days of the validated outage. Helixcore Systems, Inc. reserves the right to determine if an outage is considered a validated outage. Customer payables must be current prior to receiving any credits. Requests for credits may take up to 30 days to research and review; customer is responsible for paying current invoices and will receive a credit after the 30 day review period.
7. Mean Time To Repair
7.1. Service Level Commitment
For SDSL and coaxial cable circuits, Helixcore Systems, Inc. is committed to maintain a maximum of 24-hour repair time for service problems that do not require on-site dispatches and a maximum of 48-hour repair time for service problems that require on-site dispatches. For fiber Ethernet, DS-1, DS-3 and VOIP service, Helixcore Systems, Inc. is committed to maintain a maximum of a 4 hour repair time.
7.2. Measurement and Calculation
Elapsed time is measured from the time the trouble ticket is opened by Helixcore Systems, Inc. to the time service is restored to normal operating performance. The calculation for “Mean Time to Repair” is as follows:
Mean Time to Repair (Without On-Site Dispatches) =
[Total Outage Time (hours) for all Trouble Tickets (no dispatch)]
-------------------------------------------------------------------------------------
[Total Number of Trouble Tickets (no dispatch)]
Mean Time to Repair (With On-Site Dispatches) =
[Total Outage Time (Hours) for all Trouble Tickets (On-site Dispatches)]
---------------------------------------------------------------------------------------------
[Total Number of Trouble Tickets (On-site Dispatches)]
7.3. Excluded Items
The following shall be excluded from any determination of Mean Time To Repair:
Trouble tickets due to the failure of the CPE or any components on the Customer side of the CPE, whether or not such CPE was provided by Helixcore Systems, Inc.
Trouble tickets due to Helixcore Systems, Inc. ' scheduled maintenance windows
Trouble tickets due to the failure of any components due to negligence or intentional misconduct of the Customer
Trouble tickets for which Helixcore Systems, Inc. cannot access required facilities due to inaccessibility beyond Helixcore Systems, Inc. 's reasonable control
Trouble tickets due to Acts of God or nature
Trouble tickets related to any lines added, removed, or re-configured during the month
Trouble tickets associated with lines used as backup or alternate routes
When response is not met due to of any network or system provided by customer or any third party.
“No Trouble Found” trouble tickets
Failures due to the local loop
Trouble Tickets caused by the act or failure to act of Customer or any party other than Helixcore Systems, Inc. or caused by any action or event beyond Helixcore Systems, Inc. 's reasonable control
All ADSL and IDSL services
7.4. Mean Time to Repair Remedies
Upon notification by the Customer and verification by Helixcore Systems, Inc. that the actual Mean Time to Repair level is below the committed level, Helixcore Systems, Inc. shall apply a credit equal to fifteen percent (15%) of the monthly service connection charge for each line included in the trouble tickets for which Helixcore Systems, Inc. did not meet the committed Mean Time to Respond. Such credit shall be Customer's sole and exclusive remedy for Helixcore Systems, Inc.’s failure to meet the committed Mean Time to Repair. Customer must request credit within sixty (60) days of the validated outage. Helixcore Systems, Inc. reserves the right to determine if an outage is considered a validated outage. Customer payables must be current prior to receiving any credits. Requests for credits may take up to thirty (30) days to research and review; customer is responsible for paying current invoices and will receive a credit after the thirty (30) day-review period.
8. Remedies – General
8.1. Maximum Allowable Remedy
At no time will multiple remedies be provided to the Customer for the same, similar or related troubles on the same line. Helixcore Systems, Inc. shall have no liability for any failure of any Helixcore Systems, Inc. network, service or equipment to meet the forgoing guidelines due to scheduled maintenance, caused by the act or failure to act of Customer or any party other than Helixcore Systems, Inc. or caused by any action or event beyond Helixcore Systems, Inc.'s reasonable control. Customer's sole and exclusive remedy for Helixcore Systems, Inc.'s failure to meet the committed Network Availability or other failure to meet the foregoing guidelines shall be the credit outlined in the applicable section. The maximum allowable remedy in a given Measurement Period will be fifteen percent (15%) for each line affected. Customer must request credit within sixty (60) days of the validated outage or applicable event. Helixcore Systems, Inc. reserves the right to determine if an outage or other covered event is considered a validated pursuant to this Service Level Attachment.
THE CUSTOMER UNDERSTANDS THAT THE SERVICES, NETWORKS AND EQUIPMENT REFERRED TO HEREIN WILL BE FURNISHED “AS IS” AND WITH ALL FAULTS. OTHER THAN ANY LIMITED WARRANTY THAT MAY BE GIVEN TO CUSTOMER UNDER THE AGREEMENT, Helixcore Systems, Inc. MAKES AND CUSTOMER RECEIVES NO WARRANTIES, EXPRESS, IMPLIED, STATUATORY, IN THIS SLA OR IN ANY COMMUNICATION WITH CUSTOMER REGARDING SUCH SERVICES, NETWORK OR EQUIPMENT. Helixcore Systems, Inc. SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. Helixcore Systems, Inc. EXPRESSLY DISCLAIMS RESPONSIBILITY FOR ARISING OUT OF OR BASED UPON THE CONTENT OF INFORMATION TRANSMITTED BY CUSTOMER OR THE RESULTS OF ANY TRANSMISSION. Helixcore Systems, Inc. DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES, NETWORKS OR EQUIPMENT COVERED BY THIS SLA WILL BE UNINTERRUPED OR ERROR FREE.