Subnet Consulting Inc. Service Level Agreement

Subnet Consulting Inc.
Service Level Agreement

Latency Commitment

SUBNET CONSULTING INC. commits to provide an average monthly roundtrip delay of 100 milliseconds or less within SUBNET CONSULTING INC. network in North America. Any Customer who experiences average latency in excess of 100 milliseconds for any calendar month may request a two-day Service Credit. Any Customer who experiences average latency in excess of 100 milliseconds in each of two consecutive calendar months may request a seven-day Service Credit.

Network Availability Commitment

SUBNET CONSULTING INC. commits to provide 99.5% availability each month for your connection within SUBNET CONSULTING INC. network in North America. Any Customer who experiences availability of the network connection of below 99.5% in any calendar month may request a one-day Service Credit for each whole hour of unavailability in such month in excess of the above minimum commitment. Any customer who experiences availability of the network connection of below 99.5% in 3 or more calendar months in a 12-month period, may request to terminate services with no Termination Liabilities.

Service Credit Specifications

In the event SUBNET CONSULTING INC. fails to achieve any Service Level Commitment, at your request, SUBNET CONSULTING INC. 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 SUBNET CONSULTING INC. within five (5) days of its occurrence (via telephone at 1-800-640-3932(eweb) or via e-mail notification to billing@Subnetconsulting.com), and you must have notified SUBNET CONSULTING INC. of any service-affecting conditions at the time of such failure and have provided SUBNET CONSULTING INC. with all other information reasonably requested in furtherance of troubleshooting the reported issue.
All requests for Service Credits for validly reported commitment failures must be delivered in writing to SUBNET CONSULTING INC. at 10622 Howe Rd, Fishers, IN 46038 , Attention: Customer Service Dept./Service Credits. Requests must identify the Service Level Commitment at issue, include the trouble ticket number assigned to Customer's report, and include such other information as SUBNET CONSULTING INC. may have reasonably requested to assist it in verifying the request. SUBNET CONSULTING INC. may reject any Service Credit request that does not provide sufficient supporting information to allow SUBNET CONSULTING INC. to verify the claim. All requests for Service Credits will be subject to confirmation by SUBNET CONSULTING INC., and will be applied by SUBNET CONSULTING INC. as soon as possible to a subsequent recurring invoice following approval. SUBNET CONSULTING INC. shall promptly notify Customer of its resolution of the reported event. Customer must claim any applicable Service Credits by the 15th day of the month following the month in which the reported incident was resolved.
Service Credits are calculated based on the contracted monthly rate for the affected circuit, 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 1/3 (one-third) of the monthly recurring fees charged by SUBNET CONSULTING INC. 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. SUBNET CONSULTING INC. shall have no obligation to pay cash to Customer to fulfill any earned Service Credit.
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.
Customer shall be ineligible for a Service Credit hereunder if Customer is not in financial good standing with SUBNET CONSULTING INC. (i.e., current on all billings) at the time of the request.

The remedies set forth herein for each Service Level Commitment shall be the exclusive remedy available to Customer for SUBNET CONSULTING INC. failure to achieve such Service Level Commitment. This SLA does not represent a warranty or guarantee by SUBNET CONSULTING INC. that services will be uninterrupted or fit for any particular purpose or intended use of any kind, and SUBNET CONSULTING INC. 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 SLA applies to all Dedicated Internet Access service and related equipment only. SUBNET CONSULTING INC. will not be responsible for, and Service Credits will not be issued in connection with, any failure by SUBNET CONSULTING INC. 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 SUBNET CONSULTING INC. ability to provide service.
Scheduled maintenance on the SUBNET CONSULTING INC. network.
Failure on the part of Customer to timely report the incident and open a trouble ticket in accordance with this SLA.
Failure to abide by all terms and conditions, Subnet Consulting Inc. SLA, AUP, or other facilities SLA agreements that Subnet Consulting Inc. does business with at the time of service.

Infrastructure
Subnet Consulting Inc. does not offer any collocation guarantee of any infrastructure failure including server power supply. Subnet Consulting Inc. collocates within the Long Island Business and Technology Center and you must reference their SLA agreement at http://www.ezzi.net/home/_popup/index.cfm?do=SLA
Hardware
Subnet Consulting Inc. does not guarantees the functioning of all hardware components and will replace any failed component at cost to the customer unless supplemental hardware and/or software support agreements have been contracted. Hardware replacement will begin once Subnet Consulting Inc. identifies the cause of the problem. Hardware replacement is not guaranteed to be complete within 24 hours of problem identification. In the event that it takes us more than 24 hours to replace faulty hardware, Subnet Consulting Inc. will refund the customer 1% of the monthly fee per additional hour of downtime (up to 100% of customer's monthly fee for the affected server). Hardware is defined as the Processor(s), RAM, hard disk(s), motherboard, NIC card and other related hardware included with the server. This guarantee excludes the time required to rebuild a RAID array and the reload of certain operating systems and applications.

SUBNET CONSULTING INC. may modify the Service Level Commitments and your remedy for the failure by SUBNET CONSULTING INC. to meet any Service Level Commitment at any time. Such modifications shall be deemed effective immediately upon either posting of the modified SLA on the SUBNET CONSULTING INC. web site at www.subnetconsulting.com, subnetconsulting.net or request SLA in writing at Subnet Consulting Inc. 10622 Howe Rd, Fishers, IN 46038 Attn: SLA request. You can also request this document by phone at 1-800-640-3932.