SLA Supplement: IP Transit
IP Transit Service
Via SCN’s “IP Transit Service” service, SCN uses commercially reasonable efforts to provide IP connectivity to the Internet utilizing the SCN Network at one or more selected Point(s) of Presence (each, a “POP”).
Fees for the IP Transit Service are charged on a calendar-month basis. Any Bandwidth used on a partial-month basis shall be subject to the 95th percentile calculations of the full calendar month.
Billing for IP Transit usage will follow the “95th Percentile Rule”: Usage samples will be collected and sorted from highest to lowest, with the top five percent (5%) discarded in any given calendar month. The next highest sample (the 95th percentile number) will then be used as the basis in computing the fees for the month for incremental Bandwidth beyond the committed level.
- Billable Bandwidth usage under 95th Percentile Rule billing is determined by the higher of Inbound Traffic and Outbound Traffic.
- Fees for Burst Bandwidth will be billed after the end of the month.
- Per-gigabyte data transfer billing for the IP Transit Service may be offered to Customer at SCN’s sole discretion.
- Overage charges for Burst Bandwidth, if not specified in an Order, will be billed at SCN’s then-current list price for such charges.
- Bandwidth usage for per-gigabyte billing shall be based on actual port usage in any given calendar month, as measured by port counters, in one gigabyte (1,073,741,824 byte) increments.
- Bandwidth usage for per-gigabyte billing is calculated as the sum of Inbound Traffic and Outbound Traffic.
- Availability SLA - IP Transit – SCN shall use commercially reasonable efforts to provide one hundred percent (100%) connectivity from the SCN Network to the Internet without Downtime, if Customer has two (2) or more connections to the SCN Network within a Datacenter Facility dedicated to the delivery of a single IP Transit Service.
- Performance SLA - IP Transit Packet Loss – SCN shall use commercially reasonable efforts to provide ninety-nine and one-half percent (99.5%) or greater packet delivery success rate within the SCN Network.
- Performance SLA - IP Transit Latency – SCN shall use commercially reasonable efforts to provide three (3) ms or lower round trip transmission latency from a SCN router to any of SCN’s transit carriers.
Remedies for Failure of IP Transit Service Levels
- Availability SLA - IP Transit – If Customer experiences a failure in the IP Transit Uptime SLA, SCN will issue Customer a Credit equal to 3.33% of Customer’s committed Bandwidth Fees for each hour of such failure, provided that such Credits will not exceed the aggregate Bandwidth Fees otherwise due from Customer for the calendar month in which the failure occurred. Notwithstanding the foregoing, the failure of any networking device or infrastructure not owned or managed by SCN shall not constitute a failure to meet the IP Transit Uptime Service Level.
- Performance SLA - IP Transit Packet Loss and IP Transit Latency – If two (2) hours after being notified of any failure to meet the IP Transit Packet Loss SLA or the IP Transit Latency SLA, SCN fails to remedy such excess packet loss or latency, SCN will issue Customer a Credit equal to 3.33% of Customer’s committed Bandwidth Fees for each full hour of such failure, provided that such Credits will not exceed the aggregate Bandwidth Fees otherwise due from Customer for the calendar month in which the failure occurred.
Limitations on Remedies; Exceptions
- Limitation on Remedies. If Customer is entitled to multiple Credits under this Supplement, the aggregate Credits in respect of any one (1) calendar month issued under this Supplement shall not exceed the total Fees payable for the IP Transit Service for two (2) weeks during such calendar month. Except as set forth in this Supplement, SCN provides no representations, warranties or guarantees regarding the availability or performance of the IP Transit Service. The remedy for failure of any network connectivity product shall be limited to the remedies described herein, and shall not constitute a failure of any other SCN products or services. SCN’s suspension or modification of Bandwidth in accordance with the terms of this Agreement shall not be deemed to be a failure of SCN to meet any SLAs under this Agreement. In no event shall Customer be entitled to any Credit on its Bandwidth charges to the extent that the latency or packet loss is caused by Customer attempting to exceed the maximum Bandwidth of Customer’s connection to the SCN Network or otherwise violating the terms of this Agreement. Any failure that is determined, in SCN’s reasonable discretion, to be attributable to conditions at any Customer premises (including, but not limited to, power or cooling failures, patch cable failures, building riser failures, or failure to provide access to authorized SCN personnel for the service/repair of the equipment located at a Customer premise) shall not be deemed a failure to meet any of the SLAs described herein.
- Exceptions. In addition to the exclusions set forth in Section 2.2.5 of the main body of the Master Product and Services Agreement entered into by SCN and Customer, Customer shall not receive any Credits for any failure or breach that is caused by or associated with failure of Customer-owned equipment, software, or configuration used in connection with network connectivity services.
Use of SCN IP Addresses
Any IP Addresses assigned to Customer by SCN remain the sole property of SCN, and may be used only in connection with and for the duration of IP Transit Service purchased. In the event Customer discontinues the use of the IP Transit Service for any reason or Customer’s right to issue the IP Transit Service terminates (including without limitation, upon termination of the Order(s) applicable to the IP Transit Service) Customer’s right to use the IP Addresses shall terminate automatically.
Any capitalized terms not otherwise defined herein shall have the definitions ascribed thereto in the main body of the Master Products and Services Agreement entered into by SCN and Customer or the Order(s) applicable to the IP Transit Service.
- “Bandwidth” – the measured rate of bits per second transferred over the SCN Network from and to Customer’s equipment.
- “Burst Bandwidth” – the incremental amount of Bandwidth consumed in excess of Customer’s committed level, as further defined below.
- “Colocation Space” – the area(s) in a Datacenter Facility licensed by Customer under this Agreement, as set forth on an Order.
- “Downtime” – Customer experiencing sustained packet loss in excess of fifty percent (50%), based on SCN’s measurements.
- “Inbound Traffic” – Bandwidth measured from the SCN Network to Customer equipment.
- “IP Addresses” – one or more IP address numbers.
- “Outbound Traffic” - Bandwidth measured from Customer equipment to the SCN Network.