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SLA SUPPLEMENT - NETWORK CONNECTIVITY

SLA Supplement - Network Connectivity

Network Connectivity Services

This Supplement describes SCN’s Metro Ethernet Service, MPLS VPN Transport Service, Local Access Circuit Service, Alien Wavelength Service, Lit Wavelength Service, Protected Wavelength Service, and Managed DWDM Platform Service (collectively, “Network Connectivity Services”).

SCN offers many configuration options for the Network Connectivity Services, tailored to Customer’s needs.  SCN staff, in accordance with both Customer’s Order and any applicable sales engineering documentation generated with Customer input, will perform physical installation of all Network Connectivity configurations.

Metro Ethernet Service

Via SCN’s “Metro Ethernet Service,” (also referred to as “CustomerLink” in SCN’s marketing materials), SCN uses commercially reasonable efforts to provide Ethernet connectivity between multiple Data Center Facilities and/or POPs within a metropolitan region.

SCN’s Metro Ethernet Service is sold and billed based upon the total provisioned capacity of the Metro Ethernet Service, as determined by the Ethernet speed of the service.  Customers who purchase the Metro Ethernet Service agree to limit the number of MAC Addresses to one hundred (100).

SLAs for Metro Ethernet Service

SCN will use commercially reasonable efforts to achieve the SLAs set forth below:

  • Metro Ethernet Uptime SLA – One hundred percent (100%) connectivity between two (2) given endpoints of the Metro Ethernet without Downtime (excluding permitted sub-second failovers in the event of the failure of a single Dark Fiber on an underlying Dark Fiber Ring), for all Customers who have purchased and configured two (2) or more connections between endpoints.
  • Metro Ethernet Packet Loss Service Level SLA – 99.5% or greater packet delivery success rate across the Metro Ethernet Service.
  • Metro Ethernet Latency SLA – 3 ms or lower round trip transmission latency across the Metro Ethernet Service.

Remedies for Failure of Metro Ethernet Service SLAs

  • Metro Ethernet Uptime SLA– If Customer experiences a failure of the Metro Ethernet Uptime SLA, SCN will issue Customer a Credit equal to 3.33% of Customer’s committed Metro Ethernet Service charges for each full hour of such failure, provided that such Credits will not exceed the aggregate Bandwidth charges otherwise due from Customer for the calendar month in which the failure occurred.
  • Metro Ethernet Packet Loss SLA and Metro Ethernet Latency SLA – If within two (2) hours after being notified of any failure to meet either the Metro Ethernet Packet Loss Service Level or the Metro Ethernet 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 Metro Ethernet Service charges for each full hour of such failure, provided that such Credits will not exceed the aggregate Bandwidth charges otherwise due from Customer for the calendar month in which the failure occurred.

MPLS VPN Transport Service

Via SCN’s “MPLS VPN Transport Service,” SCN uses commercially reasonable efforts to provide Ethernet connectivity between multiple POPs that are typically in different geographic regions.

SCN’s MPLS VPN Transport Service is sold and billed based on the total provisioned capacity of the Service, as determined by the Ethernet speed of the Service.  Notwithstanding the foregoing, if specified on an Order, usage of the MPLS VPN Transport Service may be billed using 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 for the VPN Transport Service beyond the committed level.

SLAs for MPLS VPN Transport Service

SCN will use commercially reasonable efforts to achieve the SLAs set forth below: 

  • MPLS VPN Uptime SLA – 99.99% availability of the MPLS VPN Transport Service between any and all endpoints for any given calendar month, equating to non-availability of less than 4.38 minutes per calendar month.
  • MPLS VPN Packet Loss SLA – 99.5% or greater packet delivery success rate for all packets transmitted across the MPLS VPN Transport Service.
  • MPLS VPN Latency SLA – An average monthly route-trip transmission time between endpoints in each service region as described below (endpoints traversing multiple service regions shall be subject to the sum of the maximum average latency of all service regions combined):
    Service Region vs. Maximum Average Latency
    Within North America: ≤ 78 milliseconds
    Trans-Atlantic: ≤ 88 milliseconds
    Trans-Pacific: ≤ 142 milliseconds

Remedies for Failure of MPLS VPN Transport SLAs

  • MPLS VPN Uptime SLA – If Customer experiences a failure in the MPLS VPN Uptime SLA, SCN will issue Customer a Credit equal to 3.33% of Customer’s committed MPLS VPN Transport Service Fees for every two (2) full hours of such failure, provided that such Credits will not exceed the aggregate MPLS VPN Transport Service Fees otherwise due from Customer for the calendar month in which the failure occurred.
  • MPLS VPN Packet Loss SLA – If within two (2) hours after being notified of any failure to meet either the MPLS VPN Packet Loss SLA, SCN fails to remedy such excess packet loss, SCN will issue Customer a credit equal to 3.33% of Customer’s committed MPLS VPN Transport Service Fees for each two (2) full hours of such failure, provided that such Credits will not exceed the aggregate Bandwidth charges otherwise due from Customer for the calendar month in which the failure occurred.
  • MPLS VPN Latency SLA – If either one or multiple service regions listed above experiences latency averages that exceed the targeted metrics set forth in respect of the MPLS VPN Latency SLA, SCN will credit 3.33% of Customer’s committed MPLS VPN Transport Service Fees for the affected service.

Local Access Circuit Service

At the direction of Customer, SCN uses commercially reasonable efforts to procure a “Local Access Circuit” from a third party telecommunications company to connect Customer premises to the Internet, the SCN Network, or Customer’s Colocation Space within a SCN Data Center Facility.

Fees for each Local Access Circuit are charged on a calendar monthly basis, in advance.  Customer agrees to reimburse SCN for any taxes, fees, or service charges levied by any telecommunications provider associated with any Local Access Circuit.  In addition, (i) in the event of any conflict in the Term of an Order and the term of SCN’s agreement with the applicable telecommunications provider, the term of the telecommunications provider shall control and (ii) Customer agrees to pay for Local Access Circuits from the actual billing commencement through billing termination from the third party telecommunications provider.

SLAs for Local Access Circuit

SCN will use commercially reasonable efforts to achieve the SLAs set forth below:  

  • Local Access Circuit SLA – As Local Access Circuits are purchased from third parties for the benefit of Customer, SCN does not provide any SLAs for Local Access Circuits.  Notwithstanding the foregoing, upon request from Customer, SCN will share any service level information from the applicable third party provider(s).

Remedies for Failure of Local Access Circuit SLA

  • Local Access Circuit Service Level – In the event of any failure of a Local Access Circuit which is eligible for service level credit from the third party provider(s), upon receipt of the service level credit from the third party provider(s), SCN will credit Customer’s account with the amount of the service level credit received.  This pass-through credit is Customer’s sole and exclusive remedy in conjunction with the failure of any Local Access Circuit.

Alien Wavelength Service

Via SCN’s “Alien Wavelength Service,” SCN uses commercially reasonable efforts to provide DWDM Channel on a single Dark Fiber, delivered directly to the Customer’s Colocation Space(s) via single mode fiber and without any Media Conversion, where Customer is responsible for all transmission and receiving equipment.

Fees for the Alien Wavelength Service are charged on a calendar monthly basis, in advance.

SLAs for Alien Wavelength Service

SCN will use commercially reasonable efforts to achieve the SLAs set forth below:

  • Alien Wavelength Uptime SLA – Since the Alien Wavelength Service is provisioned over a single Dark Fiber and is solely dependent on the performance of that Dark Fiber, SCN does not provide any SLAs for the Alien Wavelength Service.

Remedies for Failure of Alien Wavelength Service Level

  • Alien Wavelength Uptime Service Level – Since SCN does not offer SLAs for the Alien Wavelength Service, Customer is not eligible for any Credits or other remedies for failure of the Alien Wavelength Service.

Lit Wavelength Service

Via SCN’s “Lit Wavelength Service,” SCN uses commercially reasonable efforts to provide a single point-to-point Ethernet circuit between two (2) locations using Dark Fiber and Media Conversion.

Fees for the Lit Wavelength Service are charged on a calendar monthly basis, in advance.

SLAs for Lit Wavelength Service

SCN will use commercially reasonable efforts to achieve the SLAs set forth below:

  • Lit Wavelength Uptime SLA – Since each individual Lit Wavelength service is dependent upon the performance of the Dark Fiber it is installed upon, SCN offers only limited Service Levels for individual lit wavelengths.  To the extent applicable, SCN provides Service Levels for the Cross Connect and Media Conversion components performed at each end of the Lit Wavelength.

Remedies for Failure of Lit Wavelength SLA

  • Lit Wavelength Uptime SLA – If (i) SCN observes or is notified of any failure of the Lit Wavelength service, and SCN, in its sole discretion, determines the failure is attributable to Media Conversion or Cross Connects (as defined in SCN’s Colocation Supplement) at a Data Center Facility, and (ii) within two (2) hours after SCN observes or is notified of such failure, SCN fails to remedy such failure, then SCN will issue Customer a Credit equal to two (2) days’ charges for such failure, provided that such Credits will not exceed the aggregate Lit Wavelength charges otherwise due from Customer for such calendar month for the affected service(s).

Protected Wavelength Service

Via SCN’s “Protected Wavelength Service,” SCN uses commercially reasonable efforts to provide a single point-to-point Ethernet circuit between two (2) locations using two (2) diverse Dark Fiber paths, along with Media Conversion on each end before hand-off to Customer.  In configuring the Media Converters at each end of the Protected Wavelength, one Dark Fiber path is designated as preferred, and the other is designated as backup, which helps protect against an outage caused by a fiber cut on one of the Dark Fiber paths.

Fees for the Protected Wavelength Service are charged on a calendar monthly basis, in advance.

SLAs for Protected Wavelength Service

SCN will use commercially reasonable efforts to achieve the SLAs set forth below:

  • Protected Wavelength Uptime SLA – One hundred percent (100%) connectivity between endpoints in Customer’s Colocation Space(s) or other Customer-designated premises, excluding sub-second failovers performed by the Media Converters in the event of a failure of the preferred Dark Fiber.

Remedies for Failure of Protected Wavelength SLA

  • Protected Wavelength Uptime SLA – If Customer experiences a failure in the Protected Wavelength Uptime SLA, SCN will issue Customer a Credit equal to 3.33% of Customer’s Protected Wavelength Service Fee for each full hour of such failure, provided that such Credits will not exceed the aggregate Protected Wavelength Service Fees otherwise due from Customer for the calendar month in which the failure occurred.

Managed DWDM Platform

Via SCN’s “Managed DWDM Platform Service,” SCN uses commercially reasonable efforts to install a Managed DWDM Platform for the exclusive use of a single Customer, typically between a SCN Data Center Facility and a Customer’s offsite premises or between two (2) SCN Data Center Facilities.  The Managed DWDM Platform may be installed atop SCN-provided or Customer-provided Dark Fiber, either in SCN equipment racks, Customer’s Licensed Space(s), or other Customer-designated premises.

The availability of each Managed DWDM Platform is dependent upon the design and performance of the underlying components, which will be agreed upon between SCN and Customer on the applicable Order for the Managed DWDM Platform Service.  Customer acknowledges that if any Managed DWDM Platform designed without redundant components at any location along the platform (such as Dark Fiber, Media Converter, Cross-Connect), then the availability of the Managed DWDM Platform Service is dependent upon the performance of all non-redundant components.

Customer further acknowledges that any failure attributable to Customer-provided components (such as Dark Fiber, or power at the Customer premises) shall not constitute a failure of the Managed DWDM Platform Service.  SCN shall maintain a spare parts inventory sufficient for the repair of any single component of any Managed DWDM Platform provided by SCN.

Fees for the Managed DWDM Platform Service are charged at a flat rate on a calendar-month basis, and are comprised of a fee for any SCN-provided services such as Dark Fiber, Media Converters, Cross-Connects, and Colocation Space that comprise the Managed DWDM Platform, as applicable. 

SLAs for Managed DWDM Platform Service

SCN will use commercially reasonable efforts to achieve the SLAs set forth below:

  • Managed DWDM Platform Uptime SLA – One hundred percent (100%) availability of all services on the Managed DWDM Platform between endpoints in the Customer’s Colocation Space(s) or other Customer-designated premises.

Remedies for Failure of Managed DWDM Platform SLA

  • Managed DWDM Platform Uptime SLA – If a Customer experiences a failure in the Managed DWDM Uptime SLA where the entire Managed DWDM Platform is unavailable, SCN will issue Customer a Credit equal to 3.33% of Customer’s Managed DWDM Platform Service Fees for each full hour of such failure, provided that such Credits will not exceed the aggregate Managed DWDM Platform Service Fee otherwise due from Customer for the calendar month in which the failure occurred. If Customer experiences a failure in the Managed DWDM Uptime SLA where only certain services are unavailable, Customer will be eligible for a pro-rata Credit based on the capacity of the failed service as compared to the capacity of all services delivered on the Managed DWDM Platform.  Notwithstanding the foregoing, any delays incurred by SCN in gaining access to Customer’s premises shall be subtracted from the Managed DWDM Platform Uptime SLA Credit calculation.

General Terms Regarding All Network Connectivity Services

Limitations on Remedies; Exceptions

  • Limitation on Remedies – The remedy for failure of any Network Connectivity Service shall be limited to the remedies described herein, and shall not constitute a failure of any other SCN products or services or a default under any other Order or Supplement. SCN’s suspension or modification of any network connectivity product in accordance with the terms of this Agreement shall not be deemed to be a failure of SCN to meet adequate SLAs under this Agreement.  In no event shall Customer be entitled to any Credit to the extent that the failure to meet adequate SLAs 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 to be, in SCN’s reasonable discretion, 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 Products and Services Agreement, Customer shall not receive any Credits for any failure or breach that is caused by or associated with the failure of Customer-owned equipment, software, or configuration used in connection with any Network Connectivity Services.

Use of SCN IP Addresses

Any IP Addresses assigned to Customer by SCN remain the sole possession of SCN, and may be used only in connection with and for the duration of the Services purchased.  In the event Customer discontinues the use of the Services for any reason, or this Supplement terminates for any reason, Customer’s right to use the IP Addresses shall terminate within ten (10) business days.

Definitions

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 one or more Network Connectivity Services.

  • 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(s)” – any Space(s) provided to Customer pursuant to the Supplement:  Colocation Service entered into between SCN and Customer, as applicable.
  • Dark Fiber” – an optical fiber SCN utilizes in the provision of certain services, which fiber is installed between two SCN Data Center Facilities.
  • Dark Fiber Ring” – two Dark Fibers that are geographically diverse, configured to minimize the impact of a single fiber cut.
  • Downtime” – Customer experiencing sustained packet loss in excess of fifty percent (50%), based on SCN’s measurements.
  • DWDM” – dense wavelength division multiplexing, an optical networking technology which allows several signals with unique frequency assignments to simultaneously transmit across a single Dark Fiber.
  • DWDM Channel” – a single frequency assigned on a DWDM system.
  • Ethernet” – the wiring and signaling standards for interconnecting computers in local area networks.
  • IP Addresses” – one or more IP address numbers.
  • Local Access Circuit” – a data connection provided by a third party telecommunications provider which connects Customer’s premises to the Internet, the SCN Network, or Customer’s Colocation Space within an SCN Data Center Facility, as the case may be.
  • MAC Address” – A single Media Access Control Address, a unique identifier for each Ethernet device on a local area network.
  • Media Conversion” – SCN’s operation of a physical device which retransmits data signals between two disparate media types (each a “Media Converter”).
  • MPLS” – multiprotocol label switching.
  • POP” – point of presence.