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TelePacific Communications - Voice Data & Integrated Service Level Agreement • rx,'Tele• Pacific cOMma;v,,c,w•r-iaas TelePacific Communications-Voice,Data and Integrated Service Level Agreement(SLA) 1. General TelePacific Communications is committed to providing its customers with the highest quality voice, integrated and data services. As a result,TelePacific will guarantee network service levels,for the following categories,if applicable to services purchased: Network Availability Guarantee, Mean Time to Repair(MTTR)Guarantee, Latency Guarantee, Packet Loss Guarantee and Jitter Guarantee. These guarantees apply to those services that utilize TelePacific's network of T1, DS3 and Ethernet based services for its voice, integrated and/or data including those services described in Section 3 below. For integrated services the SLA will only apply to the service affected by the impairment. TelePacific service is interrupted when it becomes unusable to the Customer because of failure of the TelePacific network or facility component used to provide service under this agreement. An interruption period begins when an inoperative service is reported to TelePacific and the service is released for testing and repair and ends when the service is operative. 2. Service Credit Claim Procedure and Limitations The customer must initiate the service credit claim within 45 business days after the end of the month during or for which the event occurred. TelePacific will take all measures it deems appropriate to investigate reported failures. In no event shall the combined credits for the guarantees listed above,separately or combined with any other service credit claims against TelePacific,exceed in any month the total monthly recurring charge owed by the customer for the service in that month. No more than one service credit allowance shall be provided to a customer for an outage or interruption in service from a single or the same occurrence. No credit allowance for service interruptions will be made under the following circumstances: • Interruptions caused by the negligence of the customer. • Interruptions of a service due to the failure of equipment or systems provided by the customer or others. • Interruptions of a service during any period in which TelePacific does not have access to the premises where the service is located. • Interruptions of a service when the customer has released the service to TelePacific for maintenance purposes,to make rearrangements or for the implementation of an order for a change in the service during the time period that was negotiated with the customer prior to the release of that service. • Interruptions of service that are planned service interruptions.A planned service interruption is a service interruption that is required to facilitate network maintenance or upgrades.TelePacific shall use reasonable efforts to notify the customer one week in advance when a planned service interruption is scheduled to take place. In the event an emergency should arise,TelePacific will attempt to notify the customer of a planned service interruption as far in advance as possible • Interruptions of service when the customer elects not to release the service for testing and/or repair and continues to use it on an impaired basis. • Interruptions caused by or related to labor difficulties,governmental orders,civil commotions,acts of terrorism, criminal actions taken against TelePacific,acts of God and other circumstances beyond TelePacific's reasonable control. • Interruptions of service during periods of temporary discontinuance of service as specified in TelePacific's applicable tariffs. v120409 Page 1 of 2 4 , TelePacaf c r oi+v.w u,p•,i.ctw=r i a•n 3. Guarantees for Voice, Integrated and Data T1,DS3 and Ethernet Services SLA Voice Integrated On net Data OneNet Extended Reach Services Business SmartVoice, Internet T1, . Extended Lines, PRI, OnePac, Fractional Reach— SuperTrunk Flex,Mpower Internet T1, lower 48 Office Bonded T1, states. DS3,Ethernet International OneNet IP SLAs vary. VPN Dedicated Internet Access,and Mpower Connect Demarc TPAC network or facility component used to provide service Network 99.999% Availability TelePacific Core Network Time Interval Calendar Month Remedy <4 hours$0 >=4 hours 1/30th MRC for each hour exceeding 4 hours MTTR 4 hours Local Access Circuit Remedy <4 hours$0 >=4 hours 1/30`"MRC for each hour exceeding 4 hours Latency 60 ms 60 ms 120 ms Time Interval Month Calendar Calendar Month Month Remedy 1/30`"MRC 1/30th MRC 1/30th MRC per 1ms per 1ms per 1 ms above 60ms above 60ms above 120ms average average average Packet Loss <1% <=1% <=1% Time Interval Month Calendar Calendar Month Month Remedy 1/30th MRC 1/30th MRC 1/30th MRC per 1ms per 1%above per 1% above 1% . 1% above 1% Jitter @Net ONet services only services only COS1 COS1 <=5ms <=7ms COS 2<=7 COS 2<=14 ms ms Time Interval Calendar Calendar Month Month Remedy 1/30`"MRC 1/30`"MRC for each 2ms for each 2ms above SLA above SLA for one Class for one Class of Service of Service v120409 Page 2 of 2