IP/MPLS VPN SERVICE - ADDITIONAL TERMS & CONDITIONS to the IP/MPLS Service Addendum

Transcription

1 IP/MPLS VPN SERVICE - ADDITIONAL TERMS & CONDITIONS to the IP/MPLS Addendum These IP/MPLS VPN Additional Terms & Conditions are part of the IP/MPLS Addendum ( Addendum ). 1. SELECTED DEFINITIONS. Unless otherwise defined, capitalized terms in this IP/MPLS VPN Additional Terms & Conditions shall have the meaning given them in the Addendum. i. Integra Footprint. The Integra Footprint includes Customer s sites served via the Integra-owned fiber optic communications facilities, or within sixty (60) miles of an Integra central office/local exchange carrier collocated wire center (the Integra Footprint ). ii. iii. iv. Integra IP/MPLS VPN Network. The Integra IP/MPLS VPN network includes the Customer s access port (the port on the Integra aggregation router upon which the Customer s circuit terminates within the Integra Footprint) and the Integra-owned and controlled backbone network (routers and circuits including any transit connections) ( Integra IP/MPLS VPN Network ). The Integra IP/MPLS VPN Network does not include: i) networks owned and/or controlled by other carriers; ii) local access circuits outside the Integra Footprint; iii) Customer Equipment; iv) Customer s premise power and environmental conditions; v) Customer s local area network ( LAN ); or vi) interconnections to or from and connectivity within other Internet Provider ( ISP ) networks. Packet. A packet is a unit of data routed between an origin and a destination on a packet-switched network, including the Internet. Outage. A Outage is a failure on the Integra IP/MPLS VPN Network caused by Integra that renders the unable to meet the Network Availability Guarantee as defined in the table in Section 2(i) below. v. Outage Duration. Outage Duration means the total minutes the IP/MPLS VPN Solution experiences a Outage in a calendar month, measured as the period from the opening and closing of a trouble ticket with Integra, or in the case of Premium IP/MPLS VPN, when Integra opens and closes a trouble ticket on behalf of Customer ( Outage Duration ). Outage Duration is applicable to a specific affected circuit and shall not be aggregated among circuits for purposes of determining service outage credit. 2. SERVICE LEVELS i. Network Availability Guarantee for IP/MPLS VPN s. Element Description Measurement Timeframe Credit per Affected Network Availability Network Availability is the number of minutes in a calendar month during which the is available to exchange data between two (2) Customer network locations and shall be determined as follows: ((Total Minutes) (Total Minutes of Outage Duration)/(Total Minutes). The Integra IP/MPLS VPN Network is guaranteed to be available and capable of forwarding IP packets 99.99% of the time (the Network Availability Guarantee ). If the Network Availability Guarantee is not met in a calendar month, the Customer may receive a service credit of 1/30 th of the MRC for that calendar month for each full hour of outage, subject to limitations detailed in Section 2(ii).

2 ii. Additional Element Objectives for IP/MPLS VPN Element Description/Measurement Measurement Timeframe Credit per Affected Latency Latency is the time it takes for a packet of data to get from one designated point to another. For packets with a QoS label, excluding best effort ( BE ) packets, the Integra IP/MPLS VPN network is guaranteed to have an average round trip packet transit time within the Integra IP/MPLS VPN Network over a calendar month of thirty (30) milliseconds ( ms ) or less if the distance between the nodes is less than 500 miles, fifty (50) ms or less if the distance between the nodes is greater than 500 miles and less than 1000 miles, and sixty (60) ms if the distance between nodes is greater than 1000 miles. The average latency is measured as the average of five (5) minute samples across the Integra IP/MPLS VPN Network taken throughout the month (the Latency Guarantee ). If the Latency Guarantee is not met in a calendar month, the Customer may receive a service credit of 1/30 th of the MRC for that month for each full one (1) ms average above the 30, 50, or 60, respectively, millisecond guarantee. Packet Loss Packet Loss is the loss of one or more packets prior to reaching the final network destination. For packets with a QoS label, excluding BE packets, the Integra IP/MPLS VPN Network is guaranteed to have one way source to destination average packet loss of one percent (1%) or less during any calendar month. Average packet loss is measured as the average of 5 minute samples across the Integra IP/MPLS VPN Network taken throughout the 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 1/30 th of the MRC for that month for each full one percent (1%) of average packet loss above the one percent (1%) average maximum guarantee. Jitter Jitter is variation of time between packet arrivals at the intended destination. For packets with a QoS label, excluding BE packets, the Integra IP/MPLS VPN Network is guaranteed to have one way source to destination average jitter of one (1) ms or less during any calendar month. Average jitter is measured as the average variation in packet transit time of 5 minute samples across the Integra IP/MPLS VPN Network taken throughout the month (the Jitter Guarantee ). If the Jitter Guarantee is not met in a calendar month, the Customer may receive a service credit of 1/30 th of the MRC for that month for each full one (1) ms of jitter above the one (1) ms guarantee.

3 Element Description/Measurement Measurement Timeframe Credit per Affected Mean Time to Repair Integra s Mean Time to Repair ( MTTR ) is measured as the average time it takes to restore Integra-provided to all Customer sites with similar circuit types during a calendar month within the Integra Footprint to the standard set forth in the Network Availability Guarantee. (MTTR = (Trouble Ticket Time Cleared Trouble Ticket Time Opened) (Number of Trouble Tickets)(within a month)) For the purposes of determining MTTR measurements, only a failure of the Network Availability Guarantee shall constitute a Outage; other failures of other guarantees do not apply to MTTR. DSL/Broadband eight (8) hours T1, NxT1,DS3 four (4) hours Ethernet four (4) hours MTTR is the period of time beginning when a trouble ticket is opened by either Integra or Customer as a result of a Outage, and ending when the Outage has been remedied. The MTTR Guarantee takes effect on the first 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 1/30 th of the MRC for that month for each full hour over the MTTR Guarantee. ( MTTR Guarantee ) Customer locations outside the Integra Footprint are excluded from eligibility for credits. However, Integra s goal for sites outside the Integra Footprint is to resolve trouble tickets within the times specified for sites within the Integra Footprint. Latency, packet loss, and jitter guarantees are only applicable to provided over Integra-owned network facilities. 3. SERVICE OUTAGE REPORTING PROCEDURES. In order to have a Outage reviewed to see if a credit applies, a trouble ticket with Integra s customer care department must be opened within the time specified in Section 4, Outage Credits. Upon the creation of a trouble ticket, whether created by Customer or created automatically for Premium IP/MPLS VPN, Integra will test the affected and begin troubleshooting. 4. SERVICE OUTAGE CREDITS. Credits will be granted only if Customer has afforded Integra reasonable access to Customer s premises for appropriate repairs, maintenance, testing, and any other work in order to remedy the cause of the Outage. 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 Outage unless a trouble ticket has been opened and a service credit has been requested within thirty (30) days of the Outage. credits shall be deducted from the charges payable by Customer hereunder and shall be expressly indicated on the Customer invoice. 5. SERVICE CREDIT LIMITS. The provisions of the Agreement, and this Section 5 state Customer s sole and exclusive remedy for any Outage or deficiency whatsoever regarding the. Customer s total service credit(s) in any one (1) month will not exceed the equivalent of fifty percent (50%) of the relevant MRCs (as defined in the Agreement) for the affected for that month, and Customer s total service credit(s) in a twelve (12) month period will not exceed twenty percent (20%) of the aggregate MRCs for the affected for such twelve (12) month period. 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 in this Addendum with respect to a Outage, Customer will have waived its right to credits for that Outage for the month Customer failed to properly notify Integra. The credits will apply to the MRCs of the affected circuit and do not apply to MRCs of other unaffected circuits or, whether at the same address or multiple addresses. To be eligible for credits, the Customer must be in good standing with Integra and current in all of its obligations.

4 6. CUSTOMER PREMISES EQUIPMENT. Integra may provide, install, maintain, repair, operate and control the Customer Premises Equipment to terminate delivered over the Integra IP/MPLS VPN Network. It is the Customer s responsibility to provide adequate space, power, temperature, and humidity controls for the operation of the Customer Premises Equipment. The Customer Premises Equipment shall, at all times, remain the sole and exclusive property of Integra, and nothing contained herein shall give or convey to Customer, or any other person, any right, title, or interest whatsoever in the Customer Premises Equipment, notwithstanding that it may be, or become, attached to, or embedded, in realty. Customer shall not tamper with, remove, or conceal any identifying plates, tags, or labels identifying Integra s ownership interest in the Customer Premises Equipment. Customer shall not adjust, align, repair, attempt to repair, relocate or remove the Customer Premises Equipment, except as expressly authorized in writing by Integra. QUALITY OF SERVICE. Quality of ( QoS ) enables Customer to prioritize traffic from multiple applications that may compete for the same network resources with the on the Integra network. Integra may assign pre-determined levels of network priority to best utilize network bandwidth. Traffic prioritization is made by applying a percentage of the overall traffic to four (4) different QoS queues: voice, priority data, bulk data, and BE. The voice queue is a low latency queue, which must be appropriately sized to the Customer s low latency needs. The voice queue does not allow traffic in excess of the set limit. If the Customer attempts to oversubscribe the voice queue, all voice packet transmissions are subject to drop. If voice packets are dropped as a result of oversubscription of the voice queue by Customer, then voice transmissions will not properly function. The priority data, bulk data, and BE queues may allow traffic in excess of the set limits up to the full size of the purchased bandwidth. Except the voice queue, all queues will be reduced when traffic exceeds bandwidth. Following execution of this Addendum, Customer and Integra shall meet to discuss preferences, and Customer must provide Integra with a preference, during the order process, for bandwidth from the QoS Template options column shown in the table below: QoS Templates Class of (Cos)/QoS Queue Customer DSCP CS5, EF CS4 AF41 AF42 CS1 AF11 AF12 0 AF43 CS3 AF31 AF32 AF33 CS2 AF21 AF22 AF23 AF13 Template Voice Priority Data Bulk Data BE - web and Template 1 50% 5% 0% 45% Template 2 50% 10% 20% 20% Template 3 50% 30% 0% 20% Template 4 35% 5% 0% 60% Template 5 35% 20% 10% 35% Template 6 25% 5% 0% 70% Template 7 25% 25% 25% 25% Template 8 25% 50% 0% 25% Template 9 10% 35% 35% 20% Template 10 10% 50% 20% 20% No CoS/QoS 0% 0% 0% 0% 7. CUSTOMER RESPONSIBILITIES. Customer will, in a timely manner, provide all information and perform all actions including: testing; ensuring any necessary inside wiring has been installed; and acceptance of the order, as reasonably requested by Integra in order to facilitate installation of. If Integra is delayed in accessing the Customer s premise for outages requiring access to the Customer s premise for the purpose of troubleshooting and repair, that delay may impact Customer s eligibility to receive service level credits. Additionally, at the time of the order, and during the subsequent technical order review, Customer must provide technical information regarding its network in order for Integra

5 to correctly configure the. Any inaccuracies or changes to the technical information provided by Customer to Integra may impact the delivery interval and non-recurring and monthly recurring charges. The following technical information is required whether Customer ordered Basic IP/MPLS VPN or Premium IP/MPLS VPN : 1) demarcation location(s); 2) IP addresses of subnets; 3) Customer Premises Equipment local area network IP; and 4) routes to IP networks not served by Integra. Further information may be required depending on the Customer s unique situation. If Customer orders Premium IP/MPLS VPN, Customer must provide Integra, for the associated feature, the following minimum information: ACL Configuration: o Protocol: IP is default. TCP and UDP are available options. a. If IP protocol, Integra will need Source and Destination IP Network & wildcard mask. b. If TCP or UDP protocols, Integra will need the specific port number, or the start and stop range. c. For all ACLs, Integra will need the requested queue for the traffic. DHCP Customer must provide: a. DHCP pool (scope of addresses). b. IP addresses for the primary and secondary DNS servers. c. DHCP Gateway IP address. DHCP forwarding Customer must provide the DHCP relay IP address. Read only access to Integra SNMP or NetFlow Customer must provide: a. SNMP Community String b. IP addresses that are allowed access to Customer Premises Equipment NetFlow collector IP address. 8. INTEGRA RESPONSIBILITIES. Integra will provide Customer with support from a service engineer and repair personnel to address Customer outages and configuration changes. 9. WIRELESS BACKUP. If Customer has wireless backup, and experiences wireline failure, the Customer Premises Equipment will automatically switch traffic from the wireline connection to the wireless backup. Wireless backup is a backup for data service only. When the wireline connection is restored, the Customer Premises Equipment will automatically restore connectivity across the wireline connection. Wireless backup is not designed for, and will not be used: 1) as a stand-alone method for wireless service connectivity without a primary wireline connection; 2) to provide a temporary connection prior to turn up of the wireline local loop for IP/MPLS VPN ; 3) for real time data applications (due to increased latency on wireless); and 4) for voice and video services. All data over the wireless backup will be given QoS treatment of BE and any service guarantees described herein will not apply while the wireless backup is the primary network connection. Traffic permissions across the wireless backup will be provided by applying a Customer defined ACL filter. If purchasing wireless backup, Customer is required to provide to Integra the IP addresses (ACL) of the non-voice service that can be accommodated prior to or during the technical order validation. Wireless backup will be confirmed at time of Installation of. Wireless backup may not function if Customer Premises Equipment has been relocated by the Customer from the original location where the Customer Premises Equipment was installed by Integra. Wireless backup uses radio technologies and is subject to transmission and service area limitations, interruptions and dropped packets caused by atmospheric, topographical or environmental conditions, cell site availability, equipment or its installation, governmental regulations, system limitations, maintenance or other conditions or activities affecting wireless backup operation. Integra will not install, operate or maintain any external antenna, amplifier or device that will enhance the wireless carrier s signal. The Customer may not connect any equipment to the Customer Premises Equipment that will amplify, enhance, retransmit or regenerate the wireless carrier s signal. 10. THIRD PARTY SERVICE. Notwithstanding anything that may be stated to the contrary in this Addendum or the Agreement, if Customer requests that requires Integra to procure extended services from a third party provider on behalf of Customer ( Third Party s ), Integra agrees to provide such Third Party s subject to the following: (a) any rights, remedies, outage credits, or other service specific terms that the Customer may have or be entitled to under this Addendum may not be available with Third Party s; (b) Integra will make good faith efforts to pass through any

6 rights, remedies, or outage credits it receives from the Third Party s to Customer; (c) unless specifically set forth in a line item on the invoice, the costs for the Third Party will be included in the MRC for the applicable ; and (d) if Integra purchases Third Party s pursuant to third party provider s applicable tariff, Customer is responsible for any additional charges imposed on Integra pursuant to third party provider s applicable tariff. Third party dedicated internet access ( DIA ) circuits may be procured by Customer and provided to Integra to enable managed failover. If Customer has DIA failover purchased in conjunction with the Premium Package on IP/MPLS VPN s, and experiences wireline failure, the Customer Premises Equipment will automatically switch traffic from the wireline connection provided by Integra to the DIA circuit brought by Customer and connected to Customer Premises Equipment ( CPE ). DIA circuit is for backup, standby purposes only. Network Address Translation and Port Address Translation will not be supported on the DIA circuit. Customer must provide Integra with a single public IP to reside on the Integra CPE. Real-time data is not guaranteed. The DIA circuit handoff must be Ethernet. Customer may not place a firewall on the DIA circuit. Proactive notification and the service level guarantees in this Addendum do not apply to Customer provided DIA circuits.