“Datacenter” shall mean a colocation facility operated by Fiberhub or it’s designated contractor(s).
“Scheduled Maintenance” shall mean any changes, upgrades, or modifications to the Fiberhub network or datacenter, which may result in a temporarily degraded level of service. When possible, Fiberhub will provide Customer with advance notice of all Scheduled Maintenance, however, it may from time to time become necessary for Fiberhub to perform Scheduled Maintenance on an emergency basis to rectify critical issues.
“Network Outage” shall mean an instance during which no traffic can pass in our out of the selected network Point of Presence (PoP), exclusive of Scheduled Maintenance. The duration of any Network Outage shall be measured from the date/time the Network Outage is reported to Fiberhub by the Customer and confirmed by Fiberhub’s technical staff through the date/time Fiberhub’s technical staff has confirmed that the Fiberhub Network is operational.
“Power Outage” shall mean an instance during which power is not being provided to customer equipment. The duration of any Power Outage shall be measured from the date/time the Power Outage is reported to Fiberhub by the Customer and confirmed by Fiberhub’s technical staff through the date/time Fiberhub’s technical staff has confirmed that the datacenter power systems are operational.
“Local Loop” shall mean a a leased telecommunications circuit provided by a third party, which Fiberhub uses to connect a Customer to the nearest Fiberhub POP. The local loop is provided by a local Telco provider within the customer area. Fiberhub will extend the Local Carrier local loop SLA’s. Local Carrier SLA’s may be furnished to customer upon request.
“On Net” shall mean a facilities/buildings that are directly connected to the Fiberhub Network and does not require a third-party local loop.
“MRC” shall mean the monthly recurring charge Customer pays Fiberhub solely for the affected service, and excludes all other fees which might be charged to Customer, including, by way of example and not limitation, set-up fees, fees for local loop, space rental fees, charges for additional services such as managed services, incremental bandwidth usage, electricity, extra IP addresses, hourly support charges, and other types of optional additional services.
The Fiberhub SLA provides commitments to specific service levels in two key areas:
1. Network Availability
2. Power Availability
Fiberhub guarantees that the Fiberhub Network be available to Customer, free of Network Outages 99.95% of time time for single-homed connections or 100% of the time for multi-homed connections at all On-Net locations. Should the Fiberhub Network experience a Network Outage that exceeds the limits stated above, Customer shall qualify for a Service Credit equal to 1/30th of the Customer’s MRC for each 2 hour period or portion thereof based on the duration of the Network Outage. If Fiberhub determines that the cause of any Network Outage is a result of the failure of a Local Loop or other ancillary service provided by a 3rd party provider, Customer will qualify only for any SLA credit provided by that 3rd party provider and shall not be entitled to any other service credit(s).
Fiberhub guarantees that power provided at any Fiberhub Datacenter will be available to Customer, free of Power Outages, 99.95% of the time for customers with primary “A” power only, or 100% of the time for customers with redundant “A/B” power. Should the Fiberhub Datacenter experience a Power Outage that exceeds the limits stated above, Customer shall qualify for a Service Credit equal to 1/30th of the Customer’s MRC for each 2 hour period or portion thereof based on the duration of the Power Outage.
Credit will be granted upon customer request only. In order to qualify for Credit, customer’s account must be in good standing, with not past-due invoices or active violations of the Fiberhub Terms of Service or Acceptable Use Policy. Credit requests must be provided to Fiberhub in writing, via postal or electronic mail, or via our help desk system. Verbal requests will not be honored. All credit requests must be received within fifteen (15) days of the Power Outage or Network Outage in question. Each valid credit will be applied to Customer’s invoice within two billing cycles after Fiberhub’s receipt of Customer’s request. Credits are exclusive of any applicable taxes charged to Customer or collected by Fiberhub.
Notwithstanding anything in this Fiberhub SLA to the contrary, the total amount credited to a Customer in connection with Network Outage or Power Outage will not exceed the MRC paid by Customer. Fiberhub shall have no liability whatsoever to Customer or any third party for any failure to meet the service levels set forth in this SLA unless this SLA expressly provides that Customer shall be entitled to receive a credit as a result of such failure, and then only to the extent of such credit. Without limiting the foregoing, the failure of Fiberhub to meet any service levels contained herein shall not be grounds for the cancellation of the related Service Order.
Fiberhub shall not be liable for any claims of of damages which may be suffered by customer or customer’s customers, including, but not limited to, loss of data, inability to access the Internet, inadvertent or unintentional damage to equipment, or losses or damages of any and every nature caused by a failure to meet the service levels set forth in this SLA, whether or not caused by the fault or negligence of Fiberhub.
Customer shall not receive any credits under the SLA in connection with any failure or deficiency of the Fiberhub Network or Datacenter caused by or associated with:
Circumstances beyond Fiberhub’s reasonable control, including, without limitation, “acts of god”, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Fiberhub SLA; failure of access circuits to the Fiberhub Network, unless such failure is caused solely by Fiberhub; Scheduled Maintenance; DNS issues outside the direct control of Fiberhub; false SLA breaches reported as a result of outages or errors of any Fiberhub monitoring system; or Customer’s acts or omissions (or act or omissions of others engaged or authorized by Customer), including without limitation, any negligence, willful misconduct, or use of the Fiberhub Network or Fiberhub services in breach of Fiberhub’s Terms of Service or Acceptable Use Policy. Fiberhub reserves the right to modify this agreement with 30 days prior notice.
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