SLA- Service Level Agreements

1. SECURE|Core Service Level Agreements.
   1. SECURE|Core Total Network Availability. Cybera’s SECURE|Core will yield a monthly total network availability of at least 99.5%. Network Availability refers to the percentage of time during a calendar month that the Service is available for use by Customer across Customer’s entire Cybera network. The SLA percentage is measured over a 720-hour (30-day) month. Should Cybera fail to deliver SECURE|Core network availability greater than or equal to 99.5%, Customer will be eligible for a credit equal to 10% of the MRC paid during such month.
   2. SECURE|Core Security. For Customers that use Cybera’s SECURE|Core Services according to Cybera’s design recommendations, Cybera certifies that no malicious activity from outside the Customer’s network will gain access to Customer’s network via the Cybera SECURE|Core network. Should malicious outside activity cause harm to the Customer by access through Cybera’s SECURE|Core network, Customer will be eligible for a credit equal to 10% of the MRC paid during such month. This SLA will not apply if Customer enables public Internet connectivity through another provider, or fails to follow Cybera’s recommended design.
2. General. All terms not defined herein shall have the meanings attributed to them in the Master Service Agreement between Customer and Cybera (the “MSA”). Cybera commits to Customer that certain Services shall conform to a level of performance (“SLA” or “SLAs”) as defined below, subject to the limitations set forth herein. Failure to comply with the SLAs shall not constitute a default under the MSA and Customer’s sole and exclusive remedy for nonconformance with the terms of SLAs shall be the credits specified by this document.
3. Access Line Service Level Agreements. Access line availability refers to the percentage of time during a calendar month that a specific type of access line obtained through Cybera is available for use by Customer. The SLA percentage is measured over a 720-hour (30-day) month.
   
   1. SMART|Network Service Order.
      
      1. A SMART|Network Service Order will yield access line availability of at least 99.5%.
      2. A SMART|Network Service Order will deliver a bit rate throughput of no less than 90% of the subscribed port speed bandwidth as measured over any 24-hour period.
      3. A SMART|Network Service Order will produce a roundtrip latency of no more than 80 milliseconds as measured from the WAN port of the Customer’s router to Cybera’s SECURE|Core.
   2. SMART|Link Access Line Availability. A SMART|Link Service Order will yield access line availability of at least 99.0%.
   3. SECURE|Link Access Line Availability. A SECURE|Link access line purchased through Cybera will yield access line availability of at least 99.0%.
   4. Access Line Credit Available. Should Cybera fail to deliver access line availability greater than or equal to the specified percentage, Customer will be eligible for a credit equal to 10% of the MRC paid in that month for each affected Service Order.
4. Service Level Agreement Conditions and Exclusions.
   
   1. All SLA requests must be submitted in accordance with the provisions of Section 6, below.
   2. SLA credits for core network or access line service level availability are only available for an incident reported by the Customer through the opening of a trouble ticket with the Cybera CSMC and is measured from the time such trouble ticket is opened until data can be transmitted and received by Customer according the Cybera’s records.
   3. SLA credits for performance are only available for an incident reported by the Customer through the opening of a trouble ticket with the Cybera CSMC.
   4. SLA credits for Security are only available for security breaches reported by the Customer through the opening of a trouble ticket with the Cybera CSMC.
   5. Cybera shall have no obligation to pay Customer any SLA Credits whatsoever in the event that Customer is or has been in breach or default of any term or condition of the MSA, any Annex thereto, or any Service Order during the period in which the circumstance giving rise to the SLA credit occurred.
   6. SLAs do not apply to the extent that any of the following reasons prevented or delayed Cybera’s performance in meeting such SLAs:
      
      1. Any act or omission, negligence or error of Customer, its employees, contractors, agents and/or any party authorized by Customer to use, modify or repair Customer’s Service;
      2. Failure of power at Customer’s premise or failure of any equipment not provided by Cybera;
      3. Customer’s maintenance activities or its rearrangement of the Service;
      4. Customer’s modification of the settings on any piece of CPE through which the Service passes;
      5. Cybera or its agents are not afforded access to the premises where the lines associated with Customer’s Service are terminated;
      6. Customer has released Service to Cybera for maintenance or rearrangement purposes, or for the installation of a Customer Service Order;
      7. Customer elects not to release the Service for testing and or repair and continues to use it on an impaired basis;
      8. Cybera has determined that the Service is technically not feasible, but Customer elects to continue to use the Service at a degraded level;
      9. Force Majeure events as defined in Customer’s MSA;
      10. Disconnection or failure to provide Services, repair or maintenance due to Customer’s nonpayment of undisputed charges;
      11. Incorrect or incomplete Service Orders from Customer;
      12. Improper or inaccurate network specifications provided by Customer;
      13. Failure of an underlying local exchange carrier where the local access circuit was not provided by Cybera;
      14. Customer has exceeded the purchased circuit bandwidth;
      15. Service Addresses have been in service for less than sixty (60) days as measured from the Service Commencement Date;
      16. Cybera’s scheduled maintenance and downtime; and
      17. Any other reason outside the reasonable control of Cybera.
5. Limitation on SLA Credits. The combined total of any SLA Credits applied to Service Orders provided to Customer pursuant to Customer’s MSA may not exceed:
   
   1. For any calendar month, fifty percent (50%) of the MRC billed to the Customer for such Service for that month;
   2. For any calendar year, ten percent (10%) of the total annual revenue billed to Customer during such calendar year.
6. Procedure for Requesting SLA Credits. To receive an SLA Credit, Customer must:
   
   1. First contact Your Sales Representative for Assistance. You will need to be able to submit Complete Documentation (as defined in the MSA) to Cybera within thirty (30) calendar days of the last day of the month in which the circumstances giving rise to the SLA Credit occurred.
   2. All SLA Credit requests must, at a minimum, include:
      
      1. A list of all impacted Service Addresses and the specific circuit identifier if more than one at the Service Address;
      2. The type of SLA credit requested for each Service Order and circuit;
      3. The date or dates on which the circumstance giving rise to the SLA credit requested occurred;
      4. The trouble ticket number(s) on which the SLA is based; and
      5. Any other information Cybera may reasonably request.
   Cybera cannot guarantee that the information above will be sufficient to allow Cybera to verify the SLA Credit Request. Cybera will inform Customer of any SLA Credit Request for which it requires additional information or which it rejects and Customer will have an additional fifteen (15) days to submit additional documentation supporting Customer’s position.

UPDATED: 11/1/09