| Service Level Agreements for Managed Router Services |
These Managed Router Services Service Level Agreements ("SLAs") apply to Customers of NTT America, Inc.'s ("NTTA") managed router services ("Managed Router Services" or "MRS") (i) utilizing MRS CPE (as
defined below) and (ii) receiving internet access services from NTTA in connection with such Managed
Router Services. Capitalized terms used but not defined in these SLAs shall have the meanings set forth in
the internet access agreement entered into by and between NTTA and Customer. These SLAs provide
Customers of NTTA's Managed Router Services with certain rights and remedies regarding the
performance by NTTA of such Managed Router Services utilizing MRS CPE and the NTTA Network (as defined below).
- Definitions
For purposes of these SLAs, the following terms have the meanings set forth below:
- "NTTA Network" means NTTA owned and operated Internet Protocol (IP) routing
infrastructure consisting solely of selected NTTA points of presence at which NTTA has
installed measurement devices ("Selected POPs") (i) within the United States and the
connections between them within the continental United States, (ii) within Europe and
the United States and the Trans-Atlantic connections between such Selected POPs and
(iii) within Asia and the United States and the Trans-Pacific connections between such
Selected POPs.
- "Base MRS CPE Fee" means, with respect to each individual piece of MRS CPE, solely the
base monthly fee paid by Customer for the MRS portion of the affected individual piece
of MRS CPE as determined by NTTA, regardless of whether such Base MRS CPE Fee has
been specifically itemized on Customer's NTTA service order form or monthly bill for
such services. In any event, the Base MRS CPE Fee excludes all other fees which may be
charged to Customer, including, by way of example and not limitation, fees for other
pieces of MRS CPE to the extent the same are unaffected by any particular breach of an
SLA, other customer premise equipment, set-up fees, fees for bandwidth services on the
NTTA Network and/or local loop services and charges for any additional managed
services, electricity, extra IP addresses, hourly support and other types of optional
additional services.
- "MRS CPE" means each individual piece of customer premise equipment identified in
Customer's NTTA service order form by which the Managed Router Services are ordered
which is acquired and supplied to Customer by NTTA as part of the Managed Router
Services.
- "Defective MRS CPE" means a MRS CPE that NTTA determines, in its sole discretion, can
not be repaired remotely and requires the shipment of Replacement MRS CPE (as
defined below).
- "Replacement MRS CPE" means a MRS CPE or parts therefor that NTTA determines must
be shipped to Customer in order to replace or repair a Defective MRS CPE.
- "Unavailable" or "Unavailability" means that a MRS CPE cannot be managed or
monitored by NTTA as required in connection with the Managed Router Services.
- Notification of MRS CPE Unavailability
NTTA's goal is to notify Customer that MRS CPE is Unavailable within thirty (30) minutes of the
time that NTTA makes such determination. Notification will be made to Customer's designated
representative via an email or a telephone call. Subject to Sections 6 and 7 hereof, if NTTA fails
to notify Customer that MRS CPE is Unavailable within thirty (30) minutes of NTTA making such
determination, NTTA will issue a credit to Customer equal to one day's worth (based on a thirty
(30) day month) of the Base MRS CPE Fee for such affected MRS CPE.
- Time to Repair
NTTA's goal is to restore service to an Unavailable MRS CPE (other than a Defective MRS CPE)
within four (4) hours after NTTA determines the exact cause of such Unavailability. Subject to
Sections 6 and 7 hereof, if NTTA fails to restore service to an Unavailable MRS CPE (other than a
Defective MRS CPE) within four (4) hours after NTTA determines the exact cause of such
Unavailability, NTTA will issue a credit to Customer equal to one day's worth (based on a thirty
(30) day month) of the Base MRS CPE Fee for such affected MRS CPE.
- MRS CPE Replacement
NTTA's goal is to ship Replacement MRS CPE to Customer within one (1) business day of NTTA
determining that Customer's MRS CPE is Defective MRS CPE. Customer must install Replacement
MRS CPE shipped to Customer's premises by NTTA. NTTA's goal is to complete the remote
configuration of and to test such Replacement MRS CPE within four (4) hours of receiving notice
from Customer (in accordance with confirmation notification instructions provided by NTTA) that
the Replacement MRS CPE has been installed at Customer's premises in full conformance with
installation instructions provided by NTTA.
Subject to Sections 6 and 7 hereof, if NTTA fails to (i) ship Replacement MRS CPE to Customer
within one (1) business day of NTTA determining that Customer's MRS CPE is a Defective MRS
CPE or (ii) complete the remote configuration of and test such Replacement MRS CPE within four
(4) hours of receiving proper notice from Customer that the Replacement MRS CPE has been
properly installed at Customer's premises, NTTA will, in each case, issue a credit to Customer
equal to one day's worth (based on a thirty (30) day month) of the Base MRS CPE Fee for such
affected MRS CPE.
- MRS CPE Replacement (Customer Responsibility)
Customer must return Defective MRS CPE to NTTA in a postage paid container provided by NTTA
within five (5) business days of receiving the Replacement MRS CPE. NTTA will diagnose the
problem associated with the returned Defective MRS CPE. Upon successful diagnosis, NTTA will
contact Customer. If the Defective MRS CPE is still under warranty, then NTTA will assist
Customer in getting new MRS CPE from the vendor. If the Defective MRS CPE is not under
warranty, then it will be the Customer's sole responsibility to pay for any fees associated with
fixing the Defective MRS CPE. These fees may include, by way of example and not limitation, fees
for replacement parts, line cards, power supplies, memory, and other types of additional repairs.
Once Customer purchases the appropriate replacement parts, either through NTTA or a third
party, NTTA will make the agreed upon repairs and ship the repaired Defective MRS CPE back to
the Customer. Within the repaired Defective MRS CPE package NTTA is shipping to the Customer
will be a postage paid mailing label to be used for the return of the Replacement MRS CPE to
NTTA. Customer will then have five (5) business days to return the NTTA Replacement MRS CPE.
If Customer fails to return the Replacement MRS CPE within the listed time frame, then Customer
will be subject to an additional fee equal to the value of the Replacement MRS CPE.
- Exceptions
Notwithstanding anything in these SLAs to the contrary, Customer shall not receive any credits
under these SLAs in connection with any failure or deficiency of MRS CPE or the Managed Router
Services caused by or associated with:
- circumstances beyond NTTA's reasonable control, including, without limitation, acts of any
governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor
disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in
telecommunications or third party services, failure of third party software or inability to obtain
raw materials, supplies, or power used in or equipment needed for provision of the MRS;
- failure of access circuits to the NTTA Network, unless such failure is caused solely by NTTA;
- scheduled maintenance and emergency maintenance and upgrades;
- DNS issues outside the direct control of NTTA;
- false SLA breaches reported as a result of outages or errors of any NTTA measurement system;
- Customer's failure to promptly notify NTTA of any failure of the Managed Router Services of
which it becomes aware, including without limitation, the MRS CPE; or
- Customer's acts or omissions (or acts or omissions of others engaged or authorized by
Customer), including without limitation, any negligence, willful misconduct, or use of the NTTA
Network or NTTA services (including the Managed Router Services) in breach of NTTA's terms and
conditions governing the provision of such services or NTTA's Acceptable Use Policy set forth at
http://us.ntt.net/about/policy/aup.cfm.
- Credit Request and Payment Procedures
In order to receive a credit under these SLAs, Customer must make a request therefore by
accessing and following the credit request procedures set forth at http://us.ntt.net/support/sla/credit.cfm. Each request in connection with a breach of the abovereferenced SLAs in a particular calendar month must be received by NTTA within seven (7) days after the end of such calendar month. Each valid credit will be applied to an invoice of Customer within two billing cycles after NTTA's receipt of Customer's request thereof. Credits are exclusive of any applicable taxes charged to Customer or collected by NTTA.
Notwithstanding anything in these SLAs to the contrary, the total amount credited to a Customer in connection with a particular piece of MRS CPE in any calendar month shall not exceed, in the aggregate, the Base MRS CPE Fee paid by Customer for such month for such affected MRS CPE.
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