VPN SOLUTIONS SERVICE ADDENDUM to the Master Service Agreement

Transcription

1 VPN SOLUTIONS SERVICE ADDENDUM to the Master Service Agreement THIS VPN SOLUTIONS ADDENDUM (this Addendum ) shall be attached to and become a part of the Master Service Agreement (the Agreement ), by and between Integra ( Integra ) and ( Customer ). Unless otherwise defined herein, capitalized term in this Addendum shall have the same meaning as defined in the Agreement. 1 SCOPE OF THE ADDENDUM This Addendum, including all attachments hereto, sets forth the terms and conditions under which Integra agrees to provide to Customer and Customer agrees to procure from Integra certain VPN Solutions to be defined herein (the Services ). 2 DESCRIPTION OF ON-NET SERVICES 2.1 VPN Solutions is an Integra managed Layer-3 multipoint-to-multipoint virtual private LAN across a MPLS enabled network backbone. Service locations can be partially meshed as a hub and spoke, fully meshed as a peer-to-peer network, or a combination of the two. 2.2 Additional core Services provided across the VPN Solutions Network include Voice Communications and connectivity to the public Internet. Voice Communications Services consist of the following types: Basic Business Lines Digital Trunks ISDN-PRI SIP Trunks Public Internet Access 2.3 Integra offers Data Services from the customer location into a private VRF within the Integra network. Traffic prioritization is made by applying a percentage of the overall traffic to four (4) different Quality of Service (QoS) queues. 2.4 The Integra Service footprint includes Customer sites served via the Integra owner-fiber optic telecommunications facilities or within 60 miles of an Integra LEC Collocated wire center (the Integra Service Footprint ). 2.5 The Integra Network includes the Customer s access port (the port on the Integra aggregation router upon which the Customer s circuit terminates) within Integra s Service Footprint, and the Integra owned and controlled backbone network (routers and circuits including any transit connections) (the Integra IP VPN Network ). The Integra IP VPN Network does not include: networks owned and/or controlled by other carriers, local access circuits within or outside Integra s service footprint, Customer s own premise equipment, Customer s premise power and environmental conditions; Customer s local area network (LAN); or interconnections to or from and connectivity within other Internet Service Provider ( ISP ) networks. Integra may provide router equipment at Customer premises to terminate service delivered over the Integra IP VPN Network. It is Customer s responsibility to provide adequate space, power, temperature and humidity controls for the operation of this equipment. 3 RATES AND CHARGES 1

2 The rates and charges applicable to the Services will be outlined in each Service Order for such Services. 4 ORDERING PROCEDURES FOR ON-NET SERVICES Customer shall place an order for Services by submitting a Service Order. In addition to the form and information defined in the Agreement and this Addendum, the Service Order shall contain information such as applicable interface specification at the Point of Termination, Router Type (Standard or Premium) and QoS profile. In the event Customer submits a Service Order that is inconsistent with any of the terms of Integra's standard Service Order, the Agreement or this Addendum, then the Service Order will be treated as a counteroffer and will be binding only if accepted by Integra. 5 SERVICE LEVEL OBJECTIVES The failures described below shall be deemed to be Service Outages, and credit shall be available as described below. Limits on the service credit amount and reporting procedures are detailed in in Sections 6 and 7 of this Addendum. 5.1 Network Availability The Integra IP VPN Network is guaranteed to be available and capable of forwarding IP packets % of the time, as averaged over a calendar month (the Network Availability Guarantee ). If the Integra IP Network Availability Guarantee is not met in a calendar month, the Customer may receive a service credit of 1/30th of the MRC for that calendar month for each full hour of outage. Limits on the service credit amount and reporting procedures are detailed below. Network Availability is the number of minutes in a calendar month during which a VPN Solutions is available to exchange data between the two (2) Customer end points and shall be determined as follows: (Total Minutes in Calendar Month) (Total Minutes of Non-Availability) Total Minutes in Calendar Month 5.2 Latency Guarantee Total Minutes in Calendar Month is determined by multiplying 24 hours by the number of days in the month multiplied by 60 minutes. Total Minutes of Non-Availability means the total of all minutes of Network Non-Availability for a specific VPN Solutions in a calendar month, measured as the period from the opening and closing of a Trouble Ticket that is determined to be a Service Outage. Integra IP VPN Network is guaranteed to have an average round trip packet transit time within the Integra IP VPN Network over a calendar month of 60 milliseconds (ms) or less. The average latency is measured as the average of 15-minute samples across the Integra IP VPN Network taken throughout the month (the Latency Guaranty ). If the Latency Guarantee is not met in a calendar month, the Customer may receive a service credit of 1/30th of the MRC for that month for each full 1 ms average above the 60 ms average maximum guaranteed under this Section. 5.3 Packet Loss Integra IP VPN Network is guaranteed to have a maximum average packet loss of 1 percent (1%) or less during any calendar month (the Packet Loss Guarantee ). If the Packet Loss Guarantee is not met in a calendar month, the Customer may receive a service credit of 1/30th of the MRC for 2

3 that month for each full 1% of average packet loss above the 1% average maximum guaranteed under this Section. 5.4 Jitter Integra IP VPN Network is guaranteed to have an end-to-end Jitter of 1 ms or less during any calendar month (the Jitter Guarantee ). If the Jitter Guarantee is proven to have not been met in a calendar month, the Customer may receive a service credit of 1/30th of the MRC for that month for each full 1 ms of Jitter above the 1 ms maximum guaranteed under this Section. 5.5 Mean Time to Repair Integra s mean time to repair ( MTTR ) is measured as the average time it takes to restore all Service Outages regarding the Network Availability Guarantee for all Customer sites with similar circuit types during a calendar month within the Integra Service Footprint. For the purposes of determining MTTR measurements, only a failure of the Network Availability Guarantee shall constitute a Service Outage; failures of other guarantees do not apply to MTTR.. DSL/Broadband 8 hours T1, NxT1, DS3 4 hours Ethernet 4 hours MTTR = Σ (Trouble Ticket Time Cleared Trouble Ticket Time Opened) Σ (Number of Trouble Tickets) (Within a month) Measurement: MTTR is the period of time beginning when a trouble ticket is opened by either Integra or Customer as a result of a Failure, and ending when the Failure has been remedied. The MTTR service guarantee takes effect on the 1st calendar day of the first full month after the connection is successfully installed and activated. If Integra fails to meet the MTTR for a calendar month, Customer will receive a credit of 1/30th of the MRC for that month for each hour over the MTTR. Sites located outside the Integra Service Footprint are excluded from eligibility for credits; however, Integra s objective for sites outside the Integra Service Footprint is to resolve Trouble Tickets within the times specified above for sites within the Integra Service Footprint. 5.6 Installation Interval Install interval is defined as the number of calendar days beginning when the Customer has provided a signed Service Agreement to Integra and the Customer has taken part in an Integra project kick-off meeting and ending when the circuit is activated and available to transport data. Install Interval applies to each service location individually ( Installation Interval ). Service Area Installation Interval Within the Integra Service Footprint: Forty-five (45) Business Days Outside of Integra Service Footprint and New Integra Fiber builds on an individual case basis If Integra fails to meet the Installation Interval, the Customer will receive a credit equal to fifty percent (50%) of the on-site installation NRC. No credits will be applied if the installation fees are waived. 5.7 Integra Provided Router Outages Customer may receive a service credit of 1/30th of the monthly recurring charge for the calendar month of the affected service leg for the first two hours and each subsequent hour of Service Outage that is due to the Integra-provided routers located in customer premises within the Integra 3

4 Service Footprint. If Customer purchases standby router service, such credits will be for such Service Outages outside the Integra Service Footprint. 6 SERVICE OUTAGE REPORTING PROCEDURES For Service Outages, a trouble ticket must be opened with Integra s customer care upon the occurrence of a Service Outage in order to be eligible for consideration for a service credit. If Customer opens the trouble ticket, it must be initiated by voice contact. Upon notification from Customer, or Integra s discovery of a Service Outage, Integra will open a trouble ticket, test the affected Service and attempt to isolate the problem. Integra s records and data will be the sole basis for all service credit calculations and determinations. Customer will not be entitled to any service credits for any Service Outage unless a trouble ticket has been opened and a service credit has been requested within one (1) week of the Service Outage. If Customer subscribes to Network Notification Service ( NNS ), and Integra s records show that Integra failed to open a trouble ticket, then subject to the limitations set forth in Section 7, Customer shall be entitled to any service credits that Customer would have received had Integra opened the trouble ticket in accordance with this Section; provided, however, in no event will Integra s failure to open a trouble ticket pursuant to this Section result in service credits for any Service Outages beyond the thirty (30) day period prior to Integra s failure to open a trouble ticket. 7 SERVICE CREDIT LIMITS The provisions of the Agreement and this Addendum state Customer s sole and exclusive remedy for any Service Outage, interruption or deficiencies whatsoever regarding the Service. Integra s liability is further limited by Section 11 of the Agreement. Furthermore, Customer is not eligible for service credits for Service Outages that arise out of outages caused by issues outside the Integra IP VPN Network, scheduled maintenance and emergency maintenance; any act or omission by Customer, its agents or any other entity under Customer s control, any circumstance beyond Integra s reasonable control, including Internet attacks (denial of service, virus and worm activity, etc.) or a Force Majeure event. Upon Customer s request and if duly approved by Integra, the service credit will be in an amount equal to the pro-rated amount of one (1) day of MRC for the affected Service only (i.e. specific Integra IP VPN Network access legs). Customer is entitled to one (1) day MRC credit per incident and one (1) incident service credit per day; provided, however, for Service Outages with respect to Network Availability; service credits will be measured to an amount equal to the pro-rated amount of one (1) day s MRC per hour of outage, with no limit to the incidents per day. Credits for outages due to failure of Integra provided routers will not be paid in addition to Network Availability credits for specific Integra-IP VPN Network access legs. Notwithstanding the preceding sentence, Customer s total service credit(s) in any one month will not exceed the equivalent of 50 percent of the relevant MRCs for the affected Service for that month, and will not exceed 20 percent of the aggregate MRC s for the affected Service for the service year. Cumulative service credits in any one-month must exceed $25.00 to be processed. If Customer fails to notify Integra in the manner set forth herein with respect to the applicable service credits, Customer will have waived its right to such service credits for that month. The service credits will apply to the MRCs of the affected service and do not apply to MRCs of other services. To be eligible for service credits, the Customer must be in good standing with Integra and current in all of its obligations. 8 ENTIRE AGREEMENT This Addendum, along with the Agreement, sets forth the entire understanding of the Parties and supersedes any and all prior agreements, arrangements or understandings relating to the Services described above. The Agreement will remain in full force and effect except as modified herein. To 4

5 the extent of any conflict between the terms of this Addendum and the Agreement or any Service Order, this Addendum shall control. IN WITNESS WHEREOF, the parties have caused this Addendum to be executed by their duly authorized representatives. Integra By: Name: Title: Date: By: Name: Title: Date: 5