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International Private Line Service

Section VI - Service Level Agreement

 

This Service Level Agreement (SLA) applies only to orders for International Private Line Service (i) received by Company on or after July 1, 2009, and (ii) for which the committed Term is at least twelve (12) months.

 

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

 

1.1       “Service Availability” is determined monthly and is calculated by multiplying 100 times a fraction, the numerator of which is the Total Minutes in a Calendar Month less the total minutes of Non-Availability, and the denominator of which is the Total Minutes in a Calendar Month, which formula is shown immediately below:

 

100 x   Total Minutes in a Calendar Month – Total Minutes of Non-Availability

Total Minutes in a Calendar Month

 

1.1.1    “Total Minutes in Calendar Month” is deemed to be the following, based on the number of days in the applicable month:

 

Month in Days

Total Minutes*

31 Day Month

44,640

30 Day Month

43,200

29 Day Month

41,760

28 Day Month

40,320

 * 24 hours x number of days x 60 minutes.

 

1.1.2    “Non-availability” is defined as a Network Outage as described in Section 3 of this SLA.

 

1.2       “Mean Time To Repair” or “MTTR” is defined as the average time to restore International Private Line Service during a Network Outage. MTTR only applies to Network Outages. MTTR is measured as a monthly average of the time taken to repair all Trouble Tickets on a specific International Private Line circuit. The length of each Network Outage on a specific circuit is totaled at the end of each billing month and divided by the corresponding number of Network Outages for that circuit for which a Trouble Ticket was opened during that billing month. MTTR is calculated as follows:

 

Cumulative length of Network Outage(s) per circuit

Total Number of Trouble Tickets per billing month per circuit

  

1.3       “Outage” is an unscheduled period in which International Private Line Service is interrupted or unavailable for use.

 

1.4       “International Private Line Service” for the purpose of this SLA includes end-to-end international private line service.

 

1.5       "Service Degradation" means that the International Private Service is degraded to some extent but not to the point of being completely unavailable (e.g., slow data transmission).

 

1.6       “Trouble Ticket” is the official method used by Customer to communicate an Outage or Service Degradation to Company.

 

2.         Eligibility:  International Private Line circuit ordered on or after June 1, 2009, and subject to at least a twelve (12) month minimum circuit Term commitment. An International Private Line Service is ineligible for a credit under the Service Availability and Mean Time To Repair Credit Schedules for one full calendar month following initial circuit turnover from Company to the Customer (ie. Company turns-up circuit to customer on January 15th.  Interruptions on the circuit are not credit-eligible from January 15th to February 28th.

3.         Reporting of an Outage

 

3.1       If Customer experiences an Outage, Customer must notify the appropriate Company Customer Service Center and open a Trouble Ticket as further described herein. The Service Level Standards described herein only apply to Trouble Tickets that are designated as "Priority 1" in accordance with Section 3.2 below. If the Outage carries over to the next month, the Outage period is applied in the month in which the International Private Line Service was restored. In order to receive a credit, Customer must (a) report the Outage by immediately opening a Priority 1 Trouble Ticket in order to receive the highest level of the Service Level Standards described herein, and (b) submit in writing the following information no later than fifteen (15) days from the end of the calendar month in which the International Private Line Service was restored:

 

·         Ticket ID number

·         Location A and Location B Addresses

·         Date and time Trouble Ticket was opened and International Private Line Service was restored by Company

·         Circuit/ ID(s) for the corresponding Outage

 

3.2       Outage and Service Degradation Priorities

 

Priority

Criteria

Priority 1

Total loss of International Private Line Service.

 

Degraded International Private Line Service (International Private Line Service is degraded to the extent where the Customer is unable to use it and is prepared to release it for immediate testing).

Priority 2

Degraded International Private Line Service (International Private Line Service is degraded but Customer is able/still wants to use it and is not prepared to release it for immediate testing).

Priority 3

 Non-International Private Line Service 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 this Section 3 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) for the Outage.

 

4.         Service Level Standards

 

4.1       Service Level Standards include Service Availability and MTTR performance objectives. 

 

4.2       Types of Service Level Standards

 

 

 

Service Availability

99.8%

 

 

MTTR

5 Hours

*Service Availability % Translated to Available Minutes

 

Percentage by Days per Month

Minutes of Availability

Minutes of Non-Availability

99.8% for 31 days

44,551

89

99.8% for 30 Days

43,114

86

99.8% for 29 Days

41,676

84

99.8% for 28 Days

40,239

81

 

4.3       For any billing month in which Company did not meet a Service Level Standard and Customer is entitled to an SLA Credit, the SLA Credit will be applied against the monthly recurring charges (MRC) for the International Private Line circuit provided by Company excluding all taxes,. Customer may claim Service Availability and/or MTTR credits in a given month. SLA Credits will accrue up to a maximum of thirteen percent (13%) of the MRC associated with the affected circuit. CPE charges are excluded from the Service Level Standards.

 

5.         Credits: Credits are applied to the Monthly Recurring Charges for the Company provided portion of the circuit only. In the case of an International Private Line Half Circuit, credits do not apply to the foreign portion of the circuit.

 

5.1       Service Availability Credit Schedule (“Service Availability Credits”):

 

Non-Availability

Credit as a % of MRC

From Minutes

To Minutes

 

0

86

0%

87

300

2%

301

480

5%

>481

 

10%

 

5.2       Mean Time to Repair Credit Schedule (“MTTR Credits”)

 

Outage to Repair Time

Credit as a % of MRC

From Hour: Min: Sec

To Hour: Min: Sec

 

>5 Hours

 

3%


NOTE: MTTR Credit(s) can be applied in addition to the Service Availability Credit(s), provided, however, the total amount of all Credits (i.e., both Service Availability Credits and MTTR credits relative to a particular International Private Line circuit) cannot exceed thirteen percent (13%) of the MRC associated with the Company provided portion of such circuit.

 

EXAMPLE: Assume a customer has an International Private Line circuit. Customer experiences two outages equal to non-availability of 490 minutes (8 hours and 16 minutes) during a calendar month. Assume further that the MTTR was as follows:

MTTR Trouble Ticket 1 = 4.7 hrs
MTTR Trouble Ticket 2 = 3.46 hrs
Average MTTR = 4.08

Customer would be entitled to the following Credit percentage against the MRC associated with the affected circuit: 10% (Service Availability Credit Percentage) + 0% (MTTR Credit Percentage) = 10% Credit. MTTR would not apply, if less that 5 hours.

 

5.3       At any time following the third consecutive month of the Service Level Standard not being met, Customer may terminate the affected 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.

 

6.         Exclusions

 

6.1       The Service Level Standards described herein do not include Outages 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.

 

·         Natural disasters.

 

·         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 (i.e., before new Service acceptances by Customer).

 

·         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.

 

·         Master Trouble Tickets opened by Company or by a qualified third party on behalf of Company (e.g., fiber cuts).

 

·        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.

 

·         Periods of Service Degradation.

 

·         Customer inquiry for circuit monitoring purposes only.