EarthLink Business T1 Service Level Agreement
Overview
This Service Level Agreement ("SLA") includes the following performance parameters for the EarthLink Business T1 Service:
Installation Interval
EarthLink's target Installation Interval is 30 calendar days from the day the order is placed until the day the Field Service Technician is dispatched to install the line. This calculation does not include
(i) any period that EarthLink waits for a response or action from you, (ii) any period that EarthLink waits to install the line due to your failure to respond, lack of access to your facilities or change of requested installation date, or (iii) any period resulting in Force Majeure Events. "Force Majeure" means mean a cause outside a party's reasonable control including, without limitation, acts of God, acts of war, revolution, riots, civil commotion, acts of a public enemy, terrorism, embargo, acts of government in its sovereign capacity, work stoppages, strikes, lockouts, labor disputes, fire, earthquakes, floods or other natural disasters. If this Installation Interval target is not met, EarthLink will provide the first month of Business T1 Service at no charge.
This Service Level Agreement becomes effective upon initial confirmation of traffic passing from your router to the EarthLink network.
Provisioning
An EarthLink Business T1 circuit will be successfully provisioned if the maximum throughput is 80% of the ordered service. If the Field Service Technician is unable to successfully provide a circuit with the ordered service, you will be offered the maximum available throughput rate and corresponding service.
Network Availability
EarthLink's target for Network Availability is 99.99%. Network Availability is defined as the percentage of minutes in a calendar month a customer circuit did not experience a service outage in that month.
The availability target does not account for scheduled outages on EarthLink's Network or events outside of EarthLink's control, including, but not limited to, Force Majeure events or your equipment outages. Network downtime is calculated commencing with the date and time on which you contact EarthLink and a trouble ticket is opened, and ending upon confirmation from EarthLink that the network is restored.
If EarthLink does not meet Network Availability target for a particular month, EarthLink will provide a credit to you based on the amount of downtime experienced. Each hour of downtime constitutes an hour of credit. Downtime in excess of 5 hours in one day will be considered an entire day. Credit is calculated based on the monthly recurring fee and a 30 day month.
Mean Response Time
In the event that a trouble ticket is required, the Mean Time To Repair ("MTTR") is targeted at 2.5 hours. EarthLink will provide updates to you at least once daily on each open issue. Each issue will be handled separately and will not be combined with another open issue unless related to the open issue.
Severe and Chronic Problems
You are experiencing a "Severe Problem" if the aggregate Service Outage time experienced is in excess of 24 hours in any calendar month. If a subsequent Severe Problem occurs within one calendar month following the calendar month in which you experienced a Severe Problem, it will be considered a "Chronic Problem".
Upon verification of a Chronic Problem, you may request that EarthLink disconnect the circuit and any applicable early termination fees will be waived.
Customer Premise Equipment Warranty
If you purchased Customer Premise Equipment directly from EarthLink, EarthLink will assign, to the extent permitted, the manufacturer's warranty of at least one (1) year. In the event that the equipment is determined to be faulty within the applicable warranty period, EarthLink will dispatch a Field Service Technician ("FST") to your premises to configure and install the replacement equipment within 5 business days of EarthLink's determination that such premise equipment requires replacement.
If an FST is dispatched to support a warranty replacement and it is determined that the equipment is not faulty and the problem does not fall under the manufacturer's warranty, then you will be charged any applicable service order charges for the FST dispatch as set forth in the Schedule of Services. This warranty does not apply to the equipment or service problems caused by your equipment configuration changes done after the initial installation of your premise equipment.
After one year, repair and replacement of your premise equipment becomes your responsibility.
Credit Availability
You are responsible for identifing and requesting all valid SLA claims and corresponding credits. To be eligible for service credits, you must first report outage, delay or delivery events to EarthLink's Technical Support call centers and a trouble ticket must be opened. Please request a ticket number from the EarthLink representative. EarthLink will notify you of its resolution of the reported outage. You must claim any applicable service credits by calling EarthLink Business Access Customer Service at 1-888-698-4357 within 15 calendar days of the notice of resolution of the reported incident. In the event that two or more credits are simultaneously claimed, a credit will be applied toward the single claim resulting in the largest credit. EarthLink will apply any service credits to your next monthly invoice.
Version 02-20-2009
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