Service Level Agreement (SLA) - Internet Services
This Service Level Agreement (“SLA”) is a part of the Master Service Agreement or service agreement (“MSA”) between Customer and 5x5. Capitalized terms used herein that are not defined in this SLA shall have the meaning attributed to them in the MSA. .
IP Addresses. IP Addresses assigned to the Customer remain the property of 5x5 and are for use by the Customer during the Service Term of the applicable Service. At the conclusion of the Service the IP Addresses may be reassigned by 5x5 at its sole discretion. Customer shall cooperate with 5x5 for any IP address reassignment. 5x5 may, at its own discretion, conduct vulnerability and penetration testing and/or analysis on any device connected to its network and/or utilizing any 5x5 assigned IP address.
Equipment & Service. 5x5 may, at its sole discretion and if available, provide equipment for certain services. The fees for such equipment as agreed in the Order will be added to Customer’s invoice. 5x5 does not guarantee and is not responsible for any specific type of equipment. Customer will be responsible for applicable replacement and/or service costs if the equipment is subject to any damage, unauthorized alteration/modification/repair, abnormal use, misuse, neglect, abuse, or other acts caused by Customer, its employees or any other person. Such action or inaction may void any manufacturer warranties. If 5x5 is unable to install equipment or otherwise deliver Services, 5x5 may terminate Agreement without penalty. Customer acknowledges and agrees 5x5 may conduct network security, vulnerability and/or intrusion scanning of any 5x5 service, IP address, or any other Service, and/or Customer device/network/hardware connected to 5x5 or utilizing 5x5 Service. In case of ending service, 30 days notice is required for cancellation.
Customer Duties. Customer will cooperate with 5x5 in the installation process, which includes accurate completion of the Order containing detailed demarcation information and other onsite contact information, and of the technical questionnaires (IP Questionnaire, BGP Questionnaire, etc.) as provided by 5x5. Customer must be physically present at the time of installation. As necessary, Customer will allow access and provide escort, if needed, for 5x5 or its representatives to perform the installation and maintenance of the Service. Failure to provide access shall release 5x5 from its obligations under this SLA. Customer must notify 5x5 of any service relocation. We agree to provide Services to you per the MSA and this SLA applies to your initial service location and/or other location(s) within your building and/or project and/or if you relocate and/or co-locate within the building and/or project. Coterminous terms apply to customer’s initial lease within a building and/or project, including relocations, extensions, and other modifications or/of tenancy.
Service Commitment. As part of 5x5’s commitment to provide a high-quality network to support the Internet Services, 5x5 offers eligible Customers the following guarantees as measured from 5x5’s handoff to Customer:
a. Network Availability
b. Network Latency
c. Packet Delivery
Service Credits:
a. Network Availability. 5x5’s Internet Services will be available to Customer at least 99.99% of the time in a calendar month (“Network Availability”). Network unavailability occurs during a Service Outage. Upon Customer’s request, 5x5 shall issue credits for each Service Outage, calculated by multiplying the percentage specified in the table below by the MRC for the non-performing Service:
Outage Duration % Credit
<5min (99.99% up) 0% MRC
5min - 4hr 5% MRC
4hr - 8hr 10% MRC
8hr - 12hr 15% MRC
12hr - 16hr 20% MRC
16hr - 24hr 35% MRC
> 24hr 50% MRC
b. Network Latency. 5x5 measures network latency with respect to average round-trip transmission on its Network each month. Network Latency calculations for Internet Services in the continental United States are made between designated points of presence (POP’s) within the continental United States (collectively “Network Latency”). Upon Customer’s request, 5x5 shall issue credits for 5x5’s failure to meet the Network Latency metrics specified below by multiplying the percentage specified below by the MRC for the non-performing Service:
Net Latency % Credit
< 45ms 0% MRC
45-55ms 5% MRC
55-60ms 10% MRC
60-65ms 15% MRC
65-70ms 20% MRC
70- 75ms 35% MRC
75.01ms 50% MRC
c. Packet Delivery. 5x5 measures packet delivery on its Network on a monthly basis by averaging monthly sample measurements taken between 5x5’s designated POPs. Upon Customer’s request, 5x5 will issue credits for 5x5’s failure to meet the packet delivery metrics specified in the table below, by multiplying the percentage specified in the table by the MRC for the non-performing Service:
Packet Delivery % Credit
> 99.9% 0% MRC
99.5-99.8% 5% MRC
99%-99.4% 10% MRC
98%-98.9% 15% MRC
97%-97.9% 20% MRC
96%-96.9% 35% MRC
< 96% 50% MRC
Exceptions. Notwithstanding the foregoing, Customer shall not receive any Service Credit if claimed outage or failed metric is (a) caused by Customer’s (including its agents, contractors and vendors) negligence, intentional act, omission, default and/or failure to cooperate with 5x5 in addressing any reported service problems; (b) due to failure on the part of Customer equipment and/or local area network; (c) due to failure of electrical power not provided by 5x5; (d) the result of scheduled network maintenance activities; (e) due to Force Majeure; (f) the result of disconnection or suspension of the service by 5x5 pursuant to a right provided under the MSA or SLA.
Service Credit Claim Process. In order to initiate a claim for Service Credit, Customer must contact 5x5 within seven (7) business days after the end of the month for which credit is requested. The Service Credit request must provide: (a) the Customer name and contact information; (b) the date and beginning/end time of the claimed outage or failed metric; and (c) a description of the characteristics of the claimed outage or failed metric. Customer will be notified via email upon resolution of the request. If approved, 5x5 will issue Service Credit to Customer’s account, appearing on the next invoice issued. Multiple Service Credits will not be given for the same period of time, i.e., failure to meet multiple criteria during a period of time generates only a single Service Credit.
Communications to Customer. As part of our service to Customer, Customer agrees to receive technical, billing, service and sales emails, phone calls and SMS messages.
In any and all cases, the remedies as set forth in Section 5 shall be the sole and exclusive remedies of Customer in the event of any failure, interruption or degradation of service including an outage and/or any 5x5 breach of the service commitment and/or MSA. 5x5’s maximum liability in all cases, regardless of cause, is limited to one-month’s MRC. In the event of a dispute, in no instance will either party claim to be owed, or pay the other’s legal fees.
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