SERVICE LEVEL AGREEMENT

August 8, 2017

 

This Service Level Agreement (“SLA”) sets forth specific terms related to California Internet, L.P. DBA GeoLinks (“GEOLINKS”) Internet services (referred to herein as the “Services”), as set forth in the Option. This Policy along with the Terms and Conditions, Voice over Internet Protocol Services Policy (for VoIP Services), Acceptable Use Policy (AUP), Privacy Policy, and the original Option (collectively referred to as the “Agreement”) constitute the entire understanding between Customer and GEOLINKS with respect to Services provided, superseding all previous communications or agreements regarding such subject matter.

GEOLINKS is committed to providing reliable, responsive and personalized service. To ensure our business priorities are aligned with our Customers’ need for reliable service, GEOLINKS provides the following Service Level Agreement (SLA) to our valued customers.

 

SERVICE TARGETS

  • Response Priority: Critical: 4hrs or less
  • Network Quality of Service
  • Network Availability: Target of at least 99.99% uptime
  • Latency Under 40ms
  • Jitter under 10ms
  • Packet loss target <.05%

 

SERVICE LEVEL COVERAGE BOUNDARY. This SLA covers the infrastructure and/or facilities that are under GEOLINKS’ direct control with respect to GEOLINKS’ Internet services (the “GEOLINKS Network”). All circuits provided by telephone companies or other common carriers, as well as equipment owned by the Customer and not managed by GEOLINKS, are excluded from the GEOLINKS network. Any internal wiring within the Customer premises is excluded from the GEOLINKS Network. To facilitate service level monitoring and verification, GEOLINKS maintains a Test Server at the outer boundary of each regional network. All performance measurements and references to Test Server shall refer to GEOLINKS’ server equipment located at the boundary of each regional network.

 

PERFORMANCE VERIFICATION. Performance verification, including verification of providing contracted throughput levels, may be tested upon request. To ensure accurate testing, GEOLINKS will measure all performance verifications from the Customer Network Interface to the GEOLINKS Test Server. With prior notification, the Customer LAN may be disconnected during the test to ensure that Customer traffic does not affect the results. All efforts will be made to perform the test at a time that is convenient for the Customer.

 

SERVICE PROCEDURES. If Customer has a service issue, it must notify GEOLINKS at the following email address: [email protected] GEOLINKS will then open up a “trouble ticket” and seek to remedy the situation as soon as possible.
CHRONIC OUTAGES. A Chronic Outage is considered to have occurred if the GEOLINKS Services are unavailable for more than 48 consecutive hours, or if more than five (5) confirmed outages, each consisting of at least one hour of unavailability occur within a 30-day period. Upon GEOLINKS’ verification of the Chronic Outage condition, and within 30 days of GEOLINKS’ notice of such verification to Customer, Customer may cancel service without early termination fees or other penalty by providing GEOLINKS written/email notice of its desire to cancel. GEOLINKS will then cancel the service immediately, or on the timetable Customer requests, and will credit Customer with any unused monthly fees for which the Customer has previously paid.

 

MOVING SERVICES DURING CONTRACT TERM. Customers may move their Clear Fiber™ service to a new location during their contract term as long as they are within GEOLINKS’ Clear Fiber™ footprint (line of sight and distance to GEOLINKS access point), for a $1,000 (one thousand dollar) fee for a standard installation. Additional fees may apply if the move requires a non-standard installation.

 

LIMITED LIABILITY FOR SERVICES INTERRUPTIONS. Under no circumstances, due to emergency or any other factor, will GEOLINKS be responsible for any loss of life, property or other damages relating to an outage of an alarm, phone service or error in 911 service processing. GEOLINKS’ only duties are to maintain the best uptime possible and repair in the fastest service period possible when an outage or issue is reported to GEOLINKS by the Customer. GEOLINKS is not responsible for any damages financial or otherwise resulting from loss of alarm, phone or internet service which includes loss of customers, clientele, revenue, sales or other sources of income. GEOLINKS’ liability is limited to the single monthly cost of the service connection. GEOLINKS is not liable for any financial refunds for the entire contract length if the Customer opts to end the contract early due to GEOLINKS’ non-performance in conformity with this SLA. All other limitations on liability set forth in the Terms and Conditions are hereby incorporated by reference.

 

SLA NOT APPLICABLE TO DELINQUENT ACCOUNTS. This SLA applies only to Customers in good standing (paid current). Customers with delinquent accounts or past due balances do not qualify for service credits or priority response. Customers may not short pay invoices in expectation of receiving service credits.

 

DISCLAIMER. This SLA excludes performance deficiencies resulting from:

  • Network maintenance
  • Circuits provided by telephone companies or other common carriers
  • Tampering of GEOLINKS’ equipment either by Customer, Customer’s agents or by unauthorized third parties, including but not limited to property owners and their agents
  • Any external Internet supplier, Service Provider or an Internet exchange point
  • Customer’s network being compromised by unauthorized access
  • Behavior of Customer equipment, facilities or applications
  • Radio frequency interference or blockage
  • Acts of God, acts of nature, acts of civil or military authority, governmental actions, fires, civil disturbances, terrorism, and interruptions of power or transportation problems.
  • Any delay or performance failure caused by Customer’s failure to perform any of its obligations under this Agreement.