Service Level Agreement (SLA) Skywire Networks Gold SLA Enterprise-Class Internet 

Skywire Networks is committed to providing a reliable, high-quality service to support our Business Customers. As part of the Skywire service, we offer the following Service Level Commitments. 

DEFINITIONS:

“Customer” shall mean a Skywire customer who has executed a binding agreement for Skywire service, excluding any Customer whose account is, or during the period in question was, not in good financial standing with Skywire, or is in violation of the terms and conditions of Skywire’s terms of service, available at http://www.skywirenetworks.com/terms-of-service.html.

“Service Impairment” means a condition where the Customer experiences loss of carrier signal, no dial tone or no service, cannot make or receive phone calls or transfer or receive data.

“Scheduled Network Maintenance” refers to normal maintenance scheduled for the upgrade of Skywire’s data network, voice network, switches, and servers used to deliver Skywire service to the Customer. Scheduled Maintenance may occur at any time during our maintenance window of 12:00AM – 6:00AM EST. Such effects related to Scheduled Network Maintenance shall not give rise to service credits outlined in this SLA

“Urgent Network Maintenance” refers to Skywire’s efforts to correct network conditions that are likely to cause service outages or severe network performance degradation impacting multiple customers and requires immediate action. Urgent Maintenance may degrade the quality of service including possible outages. Skywire’s policy is to notify the Customer with as much advance notice as possible under the circumstance prior to performing the maintenance. Such effects related to Urgent Network Maintenance shall not give rise to service credits outlined in this SLA.

“Force Majeure Event” shall mean any natural disaster, act of God, power surge or failure, strike or labor dispute, war, civil disturbance, act of governmental authorities or the public enemy, act of terrorism, unavailability or failure of, or interruption or delay in, telecommunications or third party service, fuel or energy shortage, or any other cause beyond SkywireTelecom’s control, whether or not similar to the foregoing.

“Skywire Ethernet Private Line Services” provide local access connectivity in native ethernet speeds for voice, data and video applications from the customer premise to the Skywire network.

“Skywire Internet Services” provide connectivity to the backbone of the internet by connecting to Skywire’s tier 1 peering and transit IP interconnect points at US NAPs (network access points).

Installation Interval Commitment:  Gold SLA

• Our Commitment: The guaranteed installation interval for a Skywire circuit is based on site survey and Is quoted at time of order.  The delivery date is based on whole Business Days from the time when Skywire Networks acknowledges receipt of a complete order, via “welcome call” or similar confirming correspondence to Customer, to the point in time when a working circuit has been delivered by Skywire Networks to the premises, together with any related wiring included as part of the service installation, or, if delivery of service is prevented or delayed by Customer, the point in time when Skywire Networks notified Customer that Skywire Networks stood ready to deliver such service.  This interval shall be extended to account for any period spent by Skywire Networks waiting for a response, availability, action or access to the premises from Customer in furtherance of the installation process, any change in due date by Customer, Federal holidays, and any period of time during which a Force Majeure event affecting installation has occurred and is continuing.
• Your Remedy:  If Skywire Networks fails to meet the above “installation interval” commitment, Customer is eligible for a Service Credit equal to 25% of the contracted monthly recurring service charge for one (1) month’s use of the circuit for every week the delivery is late, not to exceed 4 weeks, or the total of 1 month mrr. This credit shall only be earned in the event that Customer permits ultimate installation of the circuit and does not cancel service, for any reason, prior to installation.

Time to Restore Service Commitment:  Gold SLA

• Our Commitment: The guaranteed maximum time to restore service is eight (8) hours.  The “Time to Restore” begins on the date and time of the first Business Day when Customer reported the Service Impairment to Skywire Networks , via Skywire Network’s authorized “trouble ticketing system,” together with all information necessary for Skywire Network to respond to the trouble ticket, and ends upon confirmation by Skywire Networks to Customer that service has been restored (in each case, based upon Skywire Networks’ records).  This period shall be extended to account for any period of time spent by Skywire Networks waiting for a response, availability, action, or access to the premises from Customer in furtherance of the repair effort, and any period of time during which a Force Majeure event affecting service has occurred and is continuing.
• Your Remedy:  If Skywire Networks fails to meet the above “time to restore service” commitment, Customer may request a Service Credit equal to one (1) day’s contracted, monthly recurring service charge for the Skywire circuit. Customer is eligible for an additional day’s Service Credit for each subsequent 24-hour period (commencing upon expiration of the initial 8-hour cure period) that the Skywire service remains unavailable.

Network Availability Commitment:  Gold SLA

• Our Commitment:  Skywire commits to provide an engineering specification of 99.99% availability each month.  Service speed will be delivered at the CIR (Committed Information Rate), but at certain times due to significant congestion could be less than the CIR.  With network availability on Gold SLA service, Skywire commits to the service being fully operational, not to a minimum CIR. 

• Your Remedy: In the event that Skywire’s Gold level Internet Service becomes unavailable (as defined above) for reasons other than an excused outage, Customer shall be entitled to a service credit in any given calendar month as follows:

SLA for network latency:  Gold SLA Internet service

• Our Commitment: Skywire will provision Gold internet service with a maximum of 15ms of latency on the Skywire metro network. 
• Your Remedy:  If Skywire Networks fails to meet an average latency of 15ms over a calendar month, the customer is eligible for a Service Credit equal to 25% of the contracted monthly recurring service charge.  If the service continues to fail to meet 15ms of latency for a second month, the customer will receive a 75% credit of the contracted monthly recurring service charge.  If the service continues to fail to meet 15ms of latency for a third month, the customer will receive a 100% credit of the contracted monthly recurring service charge and the service would then meet the chronic service definition and will be eligible for disconnection without term penalty. 

• Internet service
  • Our Commitment: Skywire guarantees latency specifications on traffic that travels the Skywire network (<15ms), including the local access loop (see latency SLA above).  Skywire does not guarantee general internet latency speeds as, once services are within the general internet, Skywire does not control those services.  However, customers should expect that with normal internet routing, any US location latency from one NAP point to another NAP point should be less than 50ms.  Skywire commits to help troubleshoot any public IP latency that exceeds this figure to determine where latency has increased. 

Chronic Circuits.

A Circuit is considered to have Chronic Trouble if it experiences four (4) or more related Service Outages occurring over any sixty (60) consecutive day period.  The Customer shall have the option to either (a) obtain Service Outage credits as set forth above or (b) terminate the affected Circuit provided under this Agreement without liability upon written notice to Skywire.  In addition, in the event that a Circuit continues to experience Chronic Trouble within a thirty (30) day period after clearing the most recent Chronic Trouble for the same Circuit, the Customer may disconnect the specific Circuit without incurring termination liability.  Whenever a Customer reports to Skywire (or vice versa) that a Circuit has a Chronic Trouble, Skywire shall immediately perform a detailed investigation and report the findings to the Customer. Customer’s credit and termination rights as set forth herein shall not apply, however, in the event that any Trouble is caused or contributed to, directly or indirectly, by any act or omission of Customer and/or End User, affiliates, agents or representatives.

Customer Premise Equipment Commitment

• Our Commitment: All Customer premise equipment (i.e., the installed bridge, modem or router (CPE) in support of service) leased from Skywire Networks will be guaranteed by Skywire Networks to be free from defects (other than those attributable to abuse, tampering or unauthorized repair or modification) during the term of service.
• Your Remedy: Skywire Networks will repair or replace all leased CPE that is determined by Skywire Networks to be defective (and not the subject of Customer misuse, tampering or unauthorized repair/modification) within the applicable warranty period.

Service Credit Specifications

In the event Skywire Networks fails to achieve any Service Level Commitment, at your request, Skywire Networks will credit your account in accordance with the applicable remedy set forth above in connection with such Service Level Commitment and subject to the following:

• To be eligible for a Service Credit, you must report the commitment failure to Skywire Networks within five (5) days of its occurrence (via telephone at 347-215-9300 or via e-mail notification to outage@skywirenetworks.com), and you must have notified Skywire Networks of any service-affecting conditions at the time of such failure and have provided Skywire Networks with all other information reasonably requested in furtherance of troubleshooting the reported issue.
• Skywire Networks may reject any Service Credit request which does not provide sufficient supporting information to allow Skywire Networks to verify the claim. All requests for Service Credits will be subject to confirmation by Skywire Networks, and will be applied by Skywire Networks as soon as possible to a subsequent recurring invoice following approval. Skywire Networks shall promptly notify Customer of its resolution of the reported event.  Customer must claim any applicable Service Credits by the 15^th day of the month following the month in which (a) the reported incident was resolved (in the case of credits for “availability” or “time to restore” commitments), or (b) the billing start date of the affected circuit (in the case of the “installation interval” commitment).  Skywire Networks will inform Customer of credit requests rejected for insufficient information, and Customer will be allowed to resubmit such requests with additional supporting information within fifteen (15) days of Skywire Networks’ notification of its rejection of the credit request.  After Customer resubmits the credit request with the additional supporting information, the standard verification and crediting timelines outlined herein shall apply.
• Service Credits are calculated based on the contracted monthly rate for the affected service, prorated by the number of days of credit provided as the remedy for the applicable Service Level Commitment, based on a 30-day month (e.g., a one-day Service Credit means the Customer will receive as a credit an amount equal to 1/30 of the applicable recurring monthly charge for the affected service). The maximum Service Credit to be granted for all failures within a given month shall not exceed the monthly recurring fees charged by Skywire Networks for the given service for the month in which the given Service Credit is claimed. Any excess credits will not carry over into later invoices.  Remedies available hereunder shall only be payable in the form of a Service Credit to Customer’s account.  Skywire Networks shall have no obligation to pay cash to Customer to fulfill any earned Service Credit, unless Skywire Networks’ records verify that all services have been terminated and authorized Service Credits remain outstanding which are in excess of any remaining amounts due and owing from Customer to Skywire Networks, and then, only to the extent of the excess amount.
• If any event triggers a breach of two or more Service Level Commitments, Customer shall only receive a Service Credit equal to the highest applicable Service Credit being requested in connection with the breached Service Level Commitments.

The remedies set forth herein for each Service Level Commitment shall be the exclusive remedy available to Customer for Skywire Networks’ failure to achieve such Service Level Commitment. This SLA does not represent a warranty or guarantee by Skywire Networks that services will be uninterrupted or fit for any particular purpose or intended use of any kind, and Skywire Networks shall not be liable for any damages of any nature or amount as a result of any failure to achieve any Service Level Commitment, other than the permitted Service Credits authorized and described hereunder.

Exclusions

This Service Level Agreement applies to Skywire Service and related equipment only.  Skywire Networks will not be responsible for, and Service Credits will not be issued in connection with, any failure by Skywire Networks to meet a Service Level Commitment by reason of any of the following:

• Any Customer act or omission, including without limitation any negligence, willful misconduct or misuse of any service or equipment, which impairs Skywire Networks’ ability to provide service.
• Scheduled Network Maintenance or Emergency Network Maintenance on the Skywire Networks network.
• Failure on the part of Customer to timely report the incident and open a trouble ticket in accordance with this SLA.

Skywire Networks may modify the Service Level Commitments and your remedy for the failure by Skywire Networks to meet any Service Level Commitment at any time.  Such modifications shall be deemed effective immediately upon notifying you via email, fax or postal service. If you have any questions, please contact your Account Representative.