1.1. This document is a service level agreement ( SLA ) setting out the levels of services to be provided by CyberLynk to the Customer under this agreement and compensation for failure to meet those service levels.
1.2. In this SLA a reference to a paragraph, unless stated otherwise is a reference to a paragraph of this SLA.
1.3. In this SLA words, abbreviations and expressions have the following meanings as set out below:
Availability – All the time in any calendar month for which the network and any service equipment is not subject to any service affecting faults, and is therefore Available .
Business Day – Shall mean every day excluding Saturdays and Sunday and national holidays in USA
CDR – Means the committed date rate for each port set out in the service Order Form and provided as part of a Service.
Fault – Shall mean a material defect, fault or impairment in a service, which causes an interruption in the provision of the service
Non-Service Affecting – Means not materially affecting the performance or quality of the service
Service Affecting – Means causing full or partial loss of the ability to transmit or convey data
Third Party System – Means a telecommunication system that is neither owned nor operated on behalf of CyberLynk
1.4. This SLA only applies to the service to the extent that it is provided by means of systems and equipment that are either owned or operated by or on behalf of CyberLynk. All references in this SLA to network and service equipment shall be construed as references to such systems and equipment.
1.5. CyberLynk shall not be liable to pay compensation under this SLA where its failure to meet any of its obligations under this SLA is a caused by a force majeure event, by a failure in the customer equipment, or by any act or omission of the customer, or third party acting on its behalf.
1.6. Credits or other compensation under this SLA shall only be payable where. (a) The Customer has submitted to CyberLynk a claim in writing identifying the circumstances in which the customer claims that the credit or compensation arose, and (b) CyberLynk has agreed in writing, acting reasonably and without undue delay, to that claim. All credits so payable shall be applied to the customer s account to be reconciled at an agreed time following CyberLynk s agreement to the claim. All claims for credits or compensation must be submitted promptly, and in any event within 10 business days, after the circumstances giving rise to the claim.
1.7. The maximum monthly credit available under this SLA is limited to an amount not grater than one month s fees; furthermore residual credits will not be carried over to subsequent 12 month periods. The service credit shall be the customers sole and exclusive remedy for any CyberLynk service outage or any failure to meet the service objectives.
1.8. CyberLynk reserves the right to amend the SLA from time to time. CyberLynk shall give the customer not less than one (1) month s notice of any changes in the SLA. Customers will be notified by email and details of the SLA will be posted in the legal portal.
2.1. CyberLynk shall provide the service by the service commencement date set out in the service order form. If CyberLynk is unable to commence provisioning of the service by the service commencement date, it shall credit the customer with 50% of the connection charge set out in the service order form.
2.2. For every further business day that CyberLynk is unable to commence provisioning of the service, it shall credit the customer with an additional 5% of the connection charge, up to a maximum of 100%.
3.1. CyberLynk guarantees that the service shall have 99.999% Availability. If the availability falls below 99.999% in any month, CyberLynk will credit the customer with one days free service for each accumulated hour when the service is not available, subject to the maximum of the standard monthly service charge for that service
3.2. CyberLynk shall not be obliged to pay compensation in accordance with this paragraph 3 where availability falls below 99.999% because of routine or emergency maintenance on the network or the service equipment pursuant to paragraph 7.
4.1. The speed of transmission or network latency across the Network is as follows: An average of less than 20ms across any element of the CyberLynk network.
4.2. At the end of each month CyberLynk calculates the average latency of the network, measured from each access router to which the customer is connected to every other access router to which the Customer is connected.
4.3. If CyberLynk fails to meet these average times in any month it will credit the Customer with one day s free Service.
5.1. The rate of packet loss on all links across the Network is < 0.1% (one packet in one thousand).
5.2. I f the packet loss rate exceeds this in any one month CyberLynk will credit the Customer with one day s free Service.
5.3. At the end of each month CyberLynk calculates the average packet loss of the network during that month, as measured by the packet loss between each pair of access routers in the Network averaged over all such pairs. In no case will PING Tests performed by Customers be recognized by CyberLynk as a valid, measurable criterion for outage determination for the purposes of establishing a service credit hereunder.
5.4. Packet loss within the network caused by congestion of the customer s access link or by traffic demand in excess of the customer s committed CDR will not give rise to any compensation payments.
6.1. CyberLynk shall monitor the connection to the Internet as stated in the service order form, 24 hours a day, 365 days per year.
6.2. CyberLynk offers response time agreements, during the business day (8.00am to 5:00pm, Monday to Friday – Central Time) as follows: You can call us at 1-800-862-5965 and expect a prompt answer, you will be able to speak to a member of the Technical Support Department who will be familiar with your account and services. You can expect to be able to speak to a network engineer normally right away and always within 2 hours. You can expect an initial response within two hours of a logged service interruption call.
6.3. CyberLynk offers response time agreements, outside of the business day 24×7 as follows: After your account has been processed you will receive a Welcome Letter via email that will contain your Network Support information. You will receive two cell phone numbers for two network engineers. A network engineer will call you normally straight away and always within 2 hours. You can expect an initial response within two hours of a logged service interruption call. The customer is solely responsible for providing CyberLynk accurate and current contact information for Customer’s designated points of contact.
6.4. Third party Interconnects – Any connections provided by a 3rd party supplier in order to complete the solution will be governed by the SLA offered by that supplier. CyberLynk have carefully chosen our preferred suppliers based on their ability and track record, in order to provide a good quality, reliable solution.
6.5. Where the whole or any part of any Service is provided by means of a third party system, CyberLynk shall, to the extent that it is able to do so, pass on the benefit of any service levels to which it is entitled from that provider of that third party system in accordance with paragraph 1.6 but shall not otherwise be liable to meet the service levels set out in this SLA in respect of that Service (or the relevant part thereof).
7.1. CyberLynk may suspend the Service to carry out Periodic maintenance or upgrade work on the Network or Service Equipment.
7.2. Except in the case of an emergency CyberLynk shall provide the Customer with 5 business days notice of any suspension of the service under paragraph 7.1. If it fails to provide the appropriate notice, the customer shall be entitled to a credit of one day s free Service.
7.3. As far as possible CyberLynk shall endeavor to ensure that any disruption or interruption to the service is kept to a minimum. CyberLynk shall endeavor not to suspend the service for planned maintenance or upgrade work more than 12 times in any calendar year and the Customer shall be entitled to one days free service for each additional service suspension for such work. CyberLynk shall endeavor to ensure that planned maintenance or upgrade work does not exceed a total of 24 hours in any calendar year and the customer shall be entitled to a credit of one day s free service for each additional hour of service suspension for such work.
7.4. The standard for the CyberLynk maintenance window for planned outages is between midnight and 7am, local time as at node location in question. CyberLynk will try to accommodate the customer requirements in terms of outage times, however, depending on the circumstances this may not always be possible. Outage times will be quoted using the Central Time zone to prevent mistakes being made over the various time zones.
CyberLynk will provide the Customer with near real-time Performance and status reports.
8.1. The items reported upon are: