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Service Level Agreement - Private Line

 

(A) General

.1 Objectives for DS1, DS3, OC3, OC12 and OC48 Service apply to the end-to-end

Private Line Service where the Company acts as the agent for the provision

of Local Access and exclude non-performance due to the circumstances listed

in Section 2.28 of this Guidebook or planned interruption for necessary

maintenance purposes. When a Customer orders its own Local Access, then

the objectives in this Guidebook apply only to the Company-Provided

components of the Circuit.

 

.2 Interexchange Service standards apply on a one-way basis between the

originating and terminating Company-designated POP. The actual end to end

(CPNIP to CPNIP) service availability and performance of the DS1, DS3,

OC3, OC12 and OC48 will be combined function of the Local Access service

and interexchange Service specifications. The actual end to end (CPNIP to

CPNIP) service availability and performance of the DS1, DS3, OC3, OC12 and

OC48 is a function of both services specified and may be affected by the type

and quality of Customer-provided equipment, the application of service, and

exogenous factors.

 

.3 A Service is interrupted (and may be eligible for claim) when it becomes

unusable to the Customer due to lack of continuity. A Service interruption may

be eligible for an out-of-service credit if the failure is (1) in the Company-

Provided facilities or (2) in Local Access facilities where the Company acts as

the Customer's agent for the provision of Local Access, and the reason for the

failure is determined to have been caused by the Company or Third Party

Vendor providing the facilities or access.

 

.4 An interruption period starts when inoperative service is reported to the

Company and is released for testing and repair. An interruption period ends

when Service is operative and released to the Customer. Out-of-service credit

allowance is available to the Customer for interrupted service.

 

3.1 Technical Standards for Private Line Services (Continued)

3.1.3 Baseline Technical Performance Objectives (Continued)

 

(B) Availability

Availability or network availability is the measurement of the percent (%) of total

time the Service is operative when measured over a calendar month period. The

performance objective for all Private Line Services is 99.999% at the network layer.

The Services is considered non-available when the Customer reports the Service

interruption to the Company and releases the circuit for testing. Network

Availability is not eligible for out-of service credits.

 

(C) Error Free Seconds (EFS), While Available

%EFS is measured at a point in time after the Customer has reported an issue to the

Company. %EFS will be measured over a 24 hour time period agreed to by the

Customer and Company. The performance objective for all Private Line Services is

99.9%. %EFS is not eligible for out-of-service credits. If the testing results in the

%EFS not meeting the stated objective and this condition is impacting customer

applications, the Customer has the option of releasing the circuit to the Company for

testing.

 

(D) MTTR

MTTR is measured in terms of hours or time from the time the Service was released

for test and repair to operability within accepted thresholds. MTTR is the average

time to restore Service. A Circuit will be accepted if all test results meet or are

within the acceptance limits. The failed test will be repeated.

The MTTR parameter is an outage measurement cumulative on a monthly basis.

MTTR is not eligible for out-of-service credits but instead will be issued on a per

incident basis per Section 3.2Out-of-Service Credits

 

3.2 Out-of-Service Credits

3.2.1 General

(A) Following the start of service date, if a Customer reports interruption of Service the

Customer may initiate a claim for an out-of-service credit.

(B) Unless the Customer has cancelled Service, the credit will be accomplished by a

credit on a subsequent bill for Service. The service level credits will appear on the

Customer's bill no later than the two (2) billing cycles following the restoral of the

interruption of Service. If the Customer has cancelled Service, the credit will be

applied to the last invoice. Any excess over the amount due will be refunded to the

Customer.

(C) In any given billing month, the total amount of out-of-service credits cannot exceed

100% of the applicable monthly recurring charge(s) per affected Service.

(D) For Private Line Service, the Company does not provide echo suppression. Voice

transmission quality parameters are not necessarily coincident with data

performance standards.

 

3.2 Out-of-Service Credits (Continued)

3.2.2 Interruption of Service

(A) An out-of-service credit allowance is available to a Customer for interrupted Service.

Service is interrupted (and may be eligible for claim) when it becomes unusable to

the Customer because of a failure in Company-Provided facilities, a failure in Local

Access facilities where the Company acts as the Customer's agent for provisioning

the Local Access, or if the protective controls applied by the Company result in

complete loss of Service by the Customer.

(B) An interruption period starts when inoperative Service is reported to the Company,

and the Service is released to the Company or Company-designated Third Party

Vendor for testing and repair. An interruption period ends when Service is operative

and released to the Customer, and the Customer has accepted Service. If the

Customer cannot be contacted for notification that the Service is operative, the

trouble will be cleared awaiting contact with the Customer to verify Service is

operative. The outage time for service credit calculations will not include this

waiting time.

(C) Regardless of the number of Service interruptions within a billing period, credits for

interrupted Service will not exceed 100% of the monthly rates of the affected Service

that the Customer would have otherwise paid.

(D) An out-of-service credit will not be given to a Customer if the interruption in Service

is due to the negligence of the Customer or exogenous factors (outside the

Company's or Third Party Vendor's control).

(E) In order to permit the Company to make tests and adjustments appropriate for the

maintenance of services within satisfactory operating parameters, Private Line

Services provided herein shall be available to the Company at times mutually agreed

upon between the Company and the Customer. Tests and adjustments shall be

completed within a reasonable time. No out-of-service credit will be allowed for any

interruptions involved during such tests and adjustments or if the Customer does not

release the circuit to the Company.

(F) The allowance for the period of interruption per affected Service is defined in Section

3.2.4 of this Guidebook.

(G) Outages must be determined by the Company to be in Company-Provided facilities

or Local Access facilities where the Company acts as the Customer's agent for

provisioning the Local Access.

 

3.2 Out-of-Service Credits (Continued)

3.2.3 Reserved for Future Use

3.2.4 Service Specific Credit Allowances (Continued)

(A) DS1 Service

For DS1 Service, the credit allowance is equal to 1/1440 of all applicable billed

elements of the affected Service for each (and portion of) half hour, not to exceed

the full monthly recurring charges. No credit shall be allowed for an interruption

of less than two (2) hours.

(B) DS3 Service

For DS3 Service, the credit allowance is equal to 1/30 of all applicable billed

elements of the affected Service for each (and portion of) half hour, not to exceed

the full monthly recurring charges. No credit shall be allowed for an interruption

of less than two (2) hours.

(C) OC3 Service

Credit(s) for an interruption of less than two (2) hours or the initial two (2) hours

will be limited to 1/30 of all applicable billed elements of the affected Service. For

interruptions of greater than two (2) hours, the credit allowance is equal to 1/4 of

all applicable billed elements of the affected Service for each (and portion of) half

hour, not to exceed the full monthly recurring charges.

(D) OC12 Service

Credit(s) for an interruption of less than two (2) hours or the initial two (2) hours

will be limited to 1/30 of all applicable billed elements of the affected service. For

interruptions of greater than two (2) hours, the credit allowance is equal to 1/4 of

all applicable billed elements of the affected service for each (and portion of) half

hour, not to exceed the full monthly recurring charges.

(E) OC48 Service

Credit(s) for an interruption of less than two (2) hours or the initial two (2) hours

will be limited to 1/30 of all applicable billed elements of the affected service. For

interruptions of greater than two (2) hours, the credit allowance is equal to 1/4 of

all applicable billed elements of the affected service for each (and portion of) half

hour, not to exceed the full monthly recurring charges.

 

DATA PRODUCT REFERENCE AND PRICING GUIDEBOOK

SECTION 3 DESCRIPTION OF INTERSTATE PRIVATE LINE SERVICE

 

3.2 Out-of-Service Credits (Continued)

3.2.4 Service Specific Credit Allowances (Continued)

(F) Miscellaneous Installation Service Credits

An installation service credit equal to 20% of the installation charge will be granted

for each day missed if the Company fails to meet the service order due date without

cause or notice of mutual consent with the Customer. Credits are not to exceed the

full non-recurring or installation charges. An exception to an installation service

credit is service orders with an expedite status, where the requested due date is

missed but the normal due date interval is met. Expedites are met on "a best effort"

basis. Order expedite charges apply when a Customer requests a circuit due date

that is earlier than the standard provisioning interval.

(G) Additional Labor Charge Credit

If the date and time for an event which triggers additional labor charges is missed

without cause or notice of mutual consent of the Customer, then additional labor

charges for the event will not be charged. If these additional labor charges were

charged in advance, they will be credited on the Customer's next months' bill.

(H) Special Construction

There are no credits for special construction or other incurred non-recoverable

costs