Service Level Agreement
The Dedicated Wireless
Access (DWA) Service purchased
herein is subject to the following SLA which is effective 14 days after
Professional installation by Need High Speed, Inc. (NHS) or itís contractors.
Network Availability goal
For NHS DWA Services, NHS's
goal is to maintain network availability of 99%.
Network Availability Measurement and Remedies
Network Downtime is measured
based on the total outage time incurred by Customer. Network Downtime shall exist when a particular Customer port
(the "Affected Service") is unable to transmit and receive data and
NHS records such failure in the NHS trouble ticket system.
Network Downtime is measured from the time the trouble ticket is opened
to the time the Affected Service is again able to transmit and receive data.
Upon Customer's written request to the NHS made within five (5) business days of
the last day of the month in which the Network Downtime occurred, NHS shall
provide a service credit equal to the pro-rated charges for one day of Services
for the Affected Service for each four hour period of Network Downtime not to
exceed a service credit of one day of Services for each Calendar day of Network
Downtime. Service credits are not available if NHS is not allowed
access to the Customer premises at the Points of Demarcation.
In NHS's sole discretion and subject to availability, NHS may provide
alternative service to Customer during Network Downtime.
Service Credit Exceptions
Service credits will
not be available to Customer in cases which the Services are unavailable as a
result of (i) the acts or omissions
of Customer, its employees, contractors or agents or its end users; (ii) the
failure or malfunction of equipment, applications or systems not owned or
controlled by NHS, (iii) circumstances or causes beyond the control of NHS,
including instances of Force Majeure, or (iv) scheduled service maintenance,
alteration, or implementation. Such
credits will be granted only if Customer affords NHS full and free access to
Customer's premises and equipment to make necessary repairs, maintenance,
testing, etc. (v) Breach of NHS terms of service (vi) Accounts which are more
than 30 days behind in payment (vii) Instances were customer is not available to
assist in troubleshooting the problem by in person or by phone for at least 1
hour per day, during normal business hours. (viii) Instances where customer's
account is past due.
Maintenance performed by NHS
shall be classified as one of the following two (2) types:
Normal Maintenance shall
refer to: (i) upgrades of hardware or software; or (ii) upgrades to increase
capacity. Normal Maintenance while
being conducted may degrade the quality of the Services provided which may
include an outage of the Services; provided, however, that an outage related to
Normal Maintenance shall not be deemed to be Network Downtime.
Normal Maintenance shall be undertaken by NHS only on Sunday morning
between the hours of 12:00 AM and 6:00 AM Local Time and on Wednesday morning
between the hours of 12:00 AM and 6:00 AM Local Time.
For purposes of this SLA, "Local Time" shall refer to the local time 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 Mountain Standard Time.
NHS shall provide two (2) days prior notice of Normal Maintenance.
Maintenance notice is deemed given upon posting to the appropriate section of
the NHS website, and/or e-mail sent to customer.
Urgent Maintenance shall
refer to efforts by NHS to correct NHS Network
conditions which are likely to cause a material Service outage and which require
immediate correction. Urgent
Maintenance, while being conducted, may degrade the quality of the Services
provided which may include an outage of the Services.
An outage related to Urgent Maintenance shall be deemed an outage for
purposes of calculating Network Downtime and Network Availability.
NHS may undertake Urgent Maintenance at any time NHS deems necessary. NHS shall provide notice of Urgent Maintenance to Customer as
soon as is commercially practicable under the circumstances.
Maximum Credits and Termination Option
In the event that Customer
is entitled to multiple credits under this SLA arising from the same event, such
credits shall not be cumulative and Customer shall be entitled to receive only
the maximum single credit available for such event. In no event, shall NHS be obligated to provide Customer
with more than a one day of Service credit for each Calendar day of Network
Downtime. A credit shall be applied
only to the month in which the event giving rise to the credit occurred.
Notwithstanding the foregoing, in the event that, in
any calendar month , either
Customer would be eligible to receive credits totaling seven
(7) or more days (but for the limitation set forth in this section)
resulting from three (3) or more events during such calendar month, or
Any single event entitling Customer to credits under the section entitled
"Network Availability Goal" above exists for a period of twenty-four
(24) consecutive hours.
may terminate this agreement for cause and without penalty by written notice to
NHS with a courtesy copy to the attention of the General Counsel within five (5)
business days following the end of such calendar month.
Such termination will be effective forty-five (45) days after receipt of
written notice by NHS and return of all NHS property held by customer.
The provisions of this Service Level Agreement state Customer's sole and
exclusive remedy for service interruptions or service deficiencies of any kind