1) Overview. This Service Level Agreement (“SLA”) is between Fastwyre Broadband and Customer. The SLA sets forth the service level commitments for fiber-based, symmetric Dedicated Internet Access (the “Service”) in all markets except for Alaska. In the event the Service fails to meet the Minimum Service Metrics (defined below), the Customer will be eligible to receive Service Credits (defined below).

2) Definitions. The SLA terms below have the following definitions as it relates to categories (“Categories” or singularly “Category”) and measurements for the Service:

a) Availability. “Availability” or “Available” means the percentage of time over a calendar month the Service can pass IP packets.  Based on Minimum Service Metrics, the Availability may differ depending on whether the Customer has purchased failover services..

b) Mean Time to Respond. “Mean Time to Respond” means the date and time the Service is reported to not be Available by the Customer and a trouble ticket is opened to the time a Fastwyre Broadband technician picks up the ticket and actively starts working the Customer’s issue.

c) Mean Time to Repair. “Mean Time to Repair” means the date and time the Service is reported to not be Available by the Customer and a trouble ticket is opened to the time a Fastwyre Broadband technician resolves the ticket and the Customer’s issue is successfully closed.

3) Minimum Service Metrics. The tables below set forth the Minimum Service Metrics by Category for the Service.

Availability

Mean Time to Respond

Mean Time to Repair

(1) Technical support is available 24 hours a day, 7 days a week; for the SLA, business hours are defined as Monday through Friday 8:00 AM to 5:00 PM local time, excluding Federal recognized holidays. Mean Time to Respond and Mean Time to Repair, respectively, during non-business hours and weekends is dependent on the Customer’s response time (i.e. access to Customer site, etc.).

4) Service Credits. Subject to the Additional Terms and Exclusions set forth herein, in the event the Service fails to meet the Minimum Service Metrics, the Customer will be eligible to receive Service Credits set forth in the table below (the “Service Credit”).  Service Credits are the Customer’s sole and exclusive remedy from such service failure.

5) Additional Terms. In order to receive the Service Credit, the Customer must email Fastwyre Broadband at SLA@fastwyre.com and provide the following information:

a) Customer name,
b) Account number,
c) Location affected,
d) Service affected,
e) Trouble ticket number (if applicable), and
f) Detailed description of the credit request.

Upon validation of the request, the Service Credit will be applied to the Customer’s account.  In no event will the total credit exceed the MRC of the Service.  If a single issue arises out of two or more Categories, the Customer will be entitled to Service Credits for only one metric, but the one most favorable to the Customer.

6) Exclusions. Fastwyre Broadband is not liable for any Service Credits for any delay or failure to meet the Minimum Service Metrics that is attributable to any of the following exclusions (the “Exclusions”):

a) Force Majeure Event;
b) Service disruptions and/or repair time related to third-party connections;
c) Customer delay and/or failure to provide sufficient information or provide timely access to location;
d) Breach of Customer’s responsibilities under the Agreement;
e) Service issues due to any Customer CPE failure and/or misconfiguration;
f) Service issues arising during a scheduled maintenance window (Midnight to 6:00 AM local time);
g) “No trouble found” tickets supported by correlating Fastwyre Broadband data; or
h) Trouble tickets that remain open due to the Customer’s delays and/or requests for feedback to solve.

7) Severe and Chronic Outage. In the event the Customer has reported and received Service Credits for an outage lasting longer than 72 consecutive hours, the outage will be deemed “Severe”.  In the event the Customer has reported and received Service Credits for three or more outages lasting longer than 10 consecutive hours in a calendar month, the outage will be deemed “Chronic”.  If the Customer encounters a Severe or Chronic outage, it may replace the Service at the affected site with a different Fastwyre Broadband Internet Access Service without incurring an early termination fee.  In the event that a replacement service is not available at similar cost and speed at the affected site, the Customer may terminate the Service without penalty.  To exercise this termination right, the Customer must provide Fastwyre Broadband with written notice of its intent to terminate within 15 calendar days of reporting the most recent Severe or Chronic outage; failure to provide such written notice within the required time frame results in the forfeiture of such termination right.