Linear GDL Service

Section VI - Service Level Agreement

 

This Service Level Agreement (SLA) applies only to orders for Linear GDL Service (i) received by Company on or after December 1, 2010, and (ii) for which the committed Term is at least twelve (12) months.  For the purpose of this SLA, Linear GDL includes end-to-end unprotected international private line service.

 

1.         Definitions: For purposes of this SLA, the following definitions will apply:

 

1.1       “Circuit Availability” is defined as the total number of minutes in a calendar month during which a Linear GDL circuit is available to exchange data between two Customer Sites, divided by the total number of minutes in a calendar month. The Circuit Availability Standard applies only to “Priority One Trouble Tickets”, i.e., an inability to exchange data end to end. Service is not considered unavailable until at least 60 consecutive seconds of unavailability have elapsed during any 15 minute interval.

 

1.2       “Time To Repair” or “TTR” is defined as the time to restore Linear GDL Service during a Priority 1 event.  TTR is measured as the time taken to repair a Trouble Tickets on a specific Linear GDL circuit.

 

1.3       “Linear GDL Service” for the purpose of this SLA includes end-to-end unprotected private line service.

 

2.         Eligibility:  Customer is ineligible for a credit under this SLA for one full calendar month following initial circuit turnover from Company to the Customer meaning Customer’s circuit is available for use. 

 

3.         Reporting of an Outage

 

3.1       If Customer experiences a Priority 1, 2 or 3 issue (as described below), Customer must notify the appropriate Company Service Desk and open a trouble ticket (Trouble Ticket). The Service Level Standards described below only applies to Trouble Tickets that are designated as "Priority 1" in accordance with Section 3.2 below. If the Priority 1 Trouble Ticket carries over to the next month, the period for which Customer is eligible for a credit is applied in the month in which the Linear GDL circuit was restored. In order to receive a credit, Customer must (a) immediately open a Priority 1 Trouble Ticket, and (b) submit in writing the following information no later than thirty (30) days from the end of the calendar month in which the Linear GDL circuit was restored:

 

·        Ticket ID number

·        Location A and B Addresses

·        Date and time Trouble Ticket was opened and Linear GDL Service was restored by Company

·        Circuit/ ID(s) for the corresponding Outage

 

3.2       Priorities

 

Priority

Criteria

Priority 1

Total loss of Linear GDL circuit.

 

 

Priority 2

Service Degraded Linear GDL circuit (Linear GDL Service is degraded to some extent but not to the point of being completely unavailable e.g., slow data transmission), but Customer is able/still wants to use it and is not prepared to release it for immediate testing).

Priority 3

 Non-Linear GDL circuit affecting (a single non-circuit specific quality of service inquiry).

 

3.3       If the Customer does not initiate a Trouble Ticket with Company in accordance with Section 3.1 above and/ or does not release the circuit to Company for testing, Company will not be obligated to issue, and Customer will not be entitled to receive, an SLA Credit (as defined below).

 

4.         Service Level Standards

 

4.1       Circuit Availability Service Level Standard.

 

Service Level Class Name

Circuit Availability

Unprotected

99.50%

Diverse Mated Pair with Limited or Full Route Diversity

99.99%

 

4.1.1    Circuit availability for Diverse Mated Pair with Limited or Full Route Diversity is based on the availability of at least one of the two circuits in a mated pair not being impacted by a Priority 1 event.

 

4.1.2    Calculation:  To calculate the percentage of Circuit Availability, the total outage minutes that Customer’s unprotected or mated pair circuits (as applicable) was unavailable to Customer to exchange data end-to-end during a calendar month (i.e., subject to a Priority 1 event), is subtracted from the total number of minutes in a calendar month (see table below).  Divide the sum by the total number of minutes in the calendar month. Multiply the quotient by 100. Multiply the quotient by 100. Total Minutes of non-availability does not include time which the circuit was not available to exchange data between Customer Sites, due to events described in Section 5, Exclusions.

 

100 x (Total Minutes in a calendar month - Total Minutes of non-availability) = Circuit Availability

 

Total Minutes in a calendar month

 

The total number of minutes in a calendar month is as follows:

 

Months in Days

Total Minutes

31 Day Month

44,640

30 Day Month

43,200

29 Day Month

41,760

28 Day Month

40,320

 

4.1.3    Credits:  Credits are applied to the MRC for the Verizon provided portion of the affected circuit only.  During any calendar month in which Verizon fails to meet the Circuit Availability standard for a specific Customer circuit, and provided the conditions set forth in this SLA have been met, Customer is eligible to receive a 15% credit applied against the MRC for all segments of the Linear GDL circuit, including Local Access segments as applicable, identified on the order documentation, for the month during which the Service Level Standard was not met.

 

4.2. Time to Repair Service Level Standard

 

4.2.1    Time to Repair (TTR).

 

The TTR Priority 1 Service Level Standard.

 

TTR

8 Hours

 

4.2.2    For any billing month in which Company did not meet the Service Level Standard and Customer is entitled to an SLA Credit, the SLA Credit will be applied against the MRC for the Linear GDL circuit provided by Company excluding all taxes. Customer may claim TTR credits in a given month. Customer is eligible for maximum of one TTR credit per month.  CPE charges are excluded from the SLA credit calculation.  Credits are applied to the MRC for the Company provided portion of the affected circuit only.

 

4.2.3    Time to Repair Credit Schedule (“TTR Credits”).  If the TTR Priority 1 event is greater than 8 hours, Customer will be eligible for a credit of 15% of the MRC for the affected Linear GDL circuit.

 

4.3       At any time following the third consecutive month of the Service Level Standard not being met, Customer may terminate the affected Linear GDL circuit without liability except for charges incurred prior to termination of such circuit by providing Company at least thirty (30) days’ prior written notice. Further, at any time following the third consecutive month of the Service Level Standard not being met, Company may terminate the Service Level Standard with respect to the affected circuit by providing Customer with at least thirty (30) days’ prior written notice.

 

4.4       The maximum credit Customer may receive under any combination of the Circuit Availability and TTR within a single calendar month shall not exceed 100 percent of the MRCs for all segments of the Linear GDL circuit, including Local Access segments as applicable, for the month during which the Service Level Standards were not met.

 

5.         Exclusions

 

5.1       Service Level Standards do not include Priority 1 events resulting in whole or in part from one or more of the following causes:

 

·        Any act or omission on the part of the Customer, its contractors or vendors, or any other entity over which the Customer exercises control or has the right to exercise control.

 

·        Labor strikes.

 

·        Scheduled maintenance on the part of the Customer, its contractors or vendors.

 

·        Scheduled maintenance on the part of Company that is within Company’s maintenance windows.

 

·        Lapses of Service associated with new installations as specified in Section 2.

 

·        Lapses of Service or performance issues related to Customer Premises Equipment (CPE).

 

·        Lapses in service due to failure of power at Customer premises

 

·        A force majeure event as defined in the Service Agreement between Customer and Company under which the Service is provided.

 

·        Lapses of Service resulting from unforeseeable events not within the control of Company.

 

·        Interruptions during any period where Company or its agent are not allowed access to Customer premises where the access lines are terminated.

 

·        Fiber cuts, outages or faults that require planned or unplanned maintenance on submarine cable or plant.

 

·        Lapses of Service due to inaccurate, non-standard, or special service and/or network specifications requested by Customer that are not standard to Verizon Business specifications or internal operating procedures.

 

·        Lapse of Service due to local access or domestic extensions not provided by Company.

 

·        Customer’s use of Service in an unauthorized or unlawful manner.

 

·        Company disconnects a circuit for non-payment.

 

·        Priority 2 and Priority 3 events.

 

·        Customer inquiry for circuit monitoring purposes only.