Service Level Agreement ( - Managed Services - Digital Voice - POTS) Services PERFORMANCE GUARANTEED. At BULLSEYE TELECOM, we back up our promises with industry-leading performance and reliability guarantees - demonstrated by our superior performance of providing high-value, mission-critical data access and transmission services to the commercial marketplace. BullsEye Telecom Inc. guarantees maximum network availability, minimal packet loss, latency, and on time installation. If BullsEye Telecom is not performing as promised, or you lose connectivity as defined below, you are entitled to receive a. This declaration is another way that BULLSEYE TELECOM demonstrates its commitment to complete customer satisfaction. BULLSEYE TELECOM INTERNET ACCESS GUARANTEES 99.99% NETWORK AVAILABILITY. BULLSEYE TELECOM guarantees that the BULLSEYE TELECOM network will be available 99.99% of the time. Customer will receive a of 1/30th of the Monthly Recurring Charge ( MRC ) for that month for each eight consecutive business hours of service non-availability. A Service Outage does not include interruptions that occur during scheduled periods of maintenance or upgrades. MINIMAL PACKET LATENCY. BULLSEYE TELECOM s Latency SLA is measured as the round-trip response time from BULLSEYE TELECOM to each of the Customer s sites across the BULLSEYE TELECOM -provided connection. No SLA is offered for IP packets traversing the public internet. MINIMAL PACKET LATENCY FOR T1 SERVICES. BULLSEYE TELECOM guarantees an average monthly latency of less than 60 milliseconds within the BULLSEYE TELECOM network. You will be entitled to a prorated equivalent to one (1) day's share of your monthly recurring access charge for any month in which BULLSEYE TELECOM's average latency exceeds 60 milliseconds. MINIMAL PACKET LATENCY FOR FIBER ETHERNET SERVICES. BULLSEYE TELECOM guarantees an average monthly latency of less than 55 milliseconds within the BULLSEYE TELECOM network and between sites using Fiber Ethernet. You will be entitled to a prorated equivalent to one (1) day's share of your monthly recurring access charge for any month in which BULLSEYE TELECOM's average latency exceeds 55 milliseconds. MINIMAL PACKET LATENCY FOR ETHERNET OVER COPPER SERVICES. BULLSEYE TELECOM guarantees an average monthly latency of less than 90 milliseconds within the BULLSEYE TELECOM network and between sites using Ethernet over Copper. You will be entitled to a prorated equivalent to one (1) day's share of your monthly recurring access charge for any month in which BULLSEYE TELECOM's average latency exceeds 90 milliseconds. MINIMAL PACKET LATENCY FOR FIXED WIRELESS. BULLSEYE TELECOM guarantees an average monthly latency of less than 150 milliseconds within the BULLSEYE TELECOM network using Fixed Wireless. You will be entitled to a prorated equivalent to one (1) day's share of your monthly recurring access charge for any month in which BULLSEYE TELECOM's average latency exceeds 150 milliseconds. 1
MINIMAL PACKET LOSS. BullsEye s Packet Delivery SLA is measured as the percent of packets delivered from the Customer Management Router or the BullsEye NOC as appropriate to each of the customer s sites across the BullsEye - provided connection during a calendar month. No SLA is offered for IP packets traversing the public internet. BULLSEYE TELECOM guarantees an average monthly Internet packet loss of less than one (1%) percent. You will be entitled to a prorated equivalent to one (1) day's share of your monthly recurring access charge for any month in which BULLSEYE TELECOM's average packet loss exceeds five percent. MONITORING. BullsEye Telecom will proactively monitor Static IP type services regardless of technology or service type. Only Static IP internet circuits will be monitored, which will identify circuit health, up and down statistics and network outages. ON-TIME INSTALLATION. BULLSEYE TELECOM guarantees new service installation by the quoted activation date, contingent on the approved order acceptance by BULLSEYE TELECOM and the availability of properly conditioned physical facilities between your service and the appropriate network point of presence. The below stated SLA installation intervals are based on the Provisioning time from when the Provisioning group receives the order through completion of the order; this does not include upfront processing time of each order. If BULLSEYE TELECOM does not meet the respective installation intervals listed below, you are entitled to the following: Technology T1 DSL Network Ethernet Over Copper Fiber Ethernet Cable Fixed Wireless Installation 35 business approval 30 business approval* 75 business approval** 75 business approval, provided fiber and acceptable wiring exists at the.** 30 business approval* 30 business days from order and approval Credit: month MRC at the month MRC at the month MRC at the Pro-rated one day MRC for each business day beyond. month MRC at the month MRC at the *DSL and Cable are best effort services, therefore the installation intervals will begin once we have confirmation that service can be delivered to the. If it becomes necessary to order an alternate product or if construction is involved, a new installation interval will begin once we have confirmation on the ability for that service to be delivered to the. **Fiber Ethernet installation can take up to 120 days if construction (either major or minor is required), access issues, customer not ready, technical issues, or a facilities upgrade is needed. The customer will not receive a if the aforementioned issues occur. Projects with a written Statement of Work that include an installation timeline are not subject to the above installation intervals. 2
Note: The network performance metrics defined in the Terms and Conditions and any applicable Service Order do not apply to non-availability of network services arising from traffic or other service impacts induced by extraordinary events such as viruses, denial of service attacks, and other network events that are not originated by or are beyond the control of BULLSEYE TELECOM. Managed Platform Services BullsEye Managed Services includes initial configuration management of BullsEye Managed Services devices, software, and rule based settings. For Customers that subscribe to BullsEye s MSP Premium Support service, requests for configuration changes will be responded to within three (3) to five (5) business days. BullsEye technical support does not extend into the Customer s local area network, internal applications, PCs or server operating systems or non-bullseye software applications. BullsEye SLA for latency on VPN tunnels (from BullsEye PoP to BullsEye PoP), is contingent on both ends of the VPN utilizing BullsEye Dedicated Internet. Digital Voice BullsEye Digital Voice Network Performance & Quality SLA Performance & Quality Digital Voice Equipment Warranty Inside Wiring BullsEye DV equipment is warranted BullsEye will resolve any for the duration of the later of the Any Inside Wiring installed by BullsEye Network Performance or Service Customer s term agreement or 3 years in support of Digital Voice service is Quality issue that is solely within from the installation date. Upon guaranteed for a period of 1-year or BullsEye's control within 30 notification of need for warranty for the length of the customers term business days of written coverage BullsEye will repair or replace initial agreement whichever is longer. notification. Refer to Universal the damaged equipment within 3 Any Inside Wiring repair will be Terms & Conditions, Section 10 business days. Refer to Universal corrected free of charge. for further details. Terms & Conditions, Section 28a for further details. SLA Exception Equipment Warrant Exceptions SLA Exception Where Customer implements Digital Voice service using a Non- Recommended Configuration BullsEye's Performance & Quality SLA does not apply. Refer to Universal Terms & Conditions, Section 27 for further details. Repair or replacement of damage to or defects in the CPE resulting from causes external to the CPE as defined in the Universal Terms & Conditions, Section 28b. BullsEye's Inside Wiring SLA is limited to issues that are solely within BullsEye's control. THE ENTIRE LIABILITY OF BULLSEYE FOR ALL CLAIMS OF WHATEVER NATURE ARISING OUT OF ITS PROVISION OF FACILITIES, TRANSMISSION, DATA, SERVICE OR EQUIPMENT, SHALL NOT EXCEED AN AMOUNT EQUAL TO THE CORRESPONDING PROPORTION OF THE MONTHLY RECURRING CHARGES TO CUSTOMER FOR THE PERIOD OF SERVICE DURING WHICH ANY MISTAKE, OMISSION, INTERRUPTION, DELAY, ERROR OR DEFECT OCCURS. For further details refer to Universal Terms & Conditions, WARRANTIES AND LIMITATION OF LIABILITY Section. 3
BullsEye Digital Voice Installation SLA Existing Environments* / 10+ Locations HPBX / Integrated Voice / IP PRI^ DV Cloud / SIP Trunks From Start of Provisioning to Service Activation From Start of Provisioning to Service Activation 29 Business Days 4 Business Days ^BullsEye One, DV Retail & RPOS service offerings are HPBX packages. Thus, the Installation SLA for those offerings is the same as HPBX. * If ordered with, the Provisioning / Installation Phase begins with the Installation of the Circuit. The Installation interval varies from 18 to 45 business days depending upon the broadband type. *Should BullsEye Installation Intervals not meet the total SLA Interval commitment from Order Submission to Service Activation CUSTOMERS WILL BE ELIGIBLE FOR A 100% CREDIT FOR ANY ACCESSED INSTALLATION, SHIPPING & ACTIVATION FEES CHARGES. TDM Voice (POTS) Provisioning SLA On Time Migration Existing Service Lines: Transfer of existing TDM voice services (POTS, RCF) to BullsEye Telecom within ten (10) business days and error free in accordance with the scheduled New Service Lines: Installation of new lines of TDM voice services (POTS, RCF) to BullsEye Telecom within ten (10) business days and in accordance with the scheduled Time to correct: 1-2 Year Term: 3+ Year Term: 2 - Business days. 1-2 Year Term: Credit for one full month of your monthly recurring service charge. 3+ Year Term: Credit for one full month of your monthly recurring service charge, any overage charges and additional fees on the account for that same billing cycle. * Services must be currently available and capable of being migrated from partnering RBOC or a reseller of RBOC services. Complex Services and facilities-based s are excluded from this commitment as well as any individual case basis arrangements made between Customer and BullsEye Telecom. 4
Customer Service SLA Call Management Service Changes: Adds, Changes or Disconnects in Call Management Services within five (5) business days of request.* Account Maintenance Time to correct: Service Response and Repair Non-Complex Service Changes: Adds, Changes or Disconnects to existing TDM voice services within five (5) business days and error free in accordance with the scheduled Complex Service Changes: Adds, Changes or Disconnects to existing TDM voice complex services within fifteen (15) business days and in accordance with the scheduled 2 - Business day Response Time: BullsEye Telecom will respond with our understanding of the repair issue and status of the repair resolution within one (1) hour. Repair Time: BullsEye Telecom commits to repair any BullsEye Telecom service related issue within a 24-hour period. Time to correct: Service Reliability Time to correct: 1 business day BullsEye Telecom will resolve any service-related problems the first time within the Service Response and Repair Time stated above. If any service related problem under this Service Level Agreement occurs twice within any 2-month period, only the affected customer relating to this Service Level Agreement can be moved to another provider without penalty. 1 business day * Services must be currently available and migratable from underlying service provider or a reseller of service providers services. MACDs must be for eligibly available services with the underlying service provider or reseller of service provider s services. Service moves are subject to quote from the underlying service provider or reseller of service provider s services. Expedites are available upon request for an additional fee. Installations of new lines that require site-visit or involve more than 4 lines are quoted on an individual case basis (ICB). BullsEye Telecom will meet or beat the quoted due date or guaranteed 30-business day installation interval. Problems caused by customer equipment or changes to their equipment or incompatibility with BullsEye Telecom s (BTI s) network or the network of any BTI suppliers are not covered under this agreement. Acts of god out of BullsEye Telecom or any BTI suppliers control are not covered under this agreement. BTI and its suppliers will do any and everything to correct these types of situations. To invoke this guarantee, customer must give written notice of the problem to BullsEye Telecom and allow BullsEye Telecom reasonable time to correct the problem. Written notice may be given by mail, email to contractadministration@bullseyetelecom.com or by fax. If a service related problem occurs and customer accepts a or negotiated settlement satisfactory to the customer from BTI as compensation of such problem, such acceptance of a or negotiated settlement constitutes agreement that service related problem is resolved to their satisfaction and is considered a waiver of the right to move affected to another provider. Certain services such as PRI, T1 and other high cost services will require the customer to pay back any pre-paid NRCs or promotional s provided under their agreement. 5
Upfront Processing Time BullsEye Telecom Inc. performs many steps before the actual submission of the order to the Provisioning groups. The below upfront processing time is not part of any of the aforementioned SLA intervals. The SLA installation intervals are based on the Provisioning time from when the Provisioning group receives the order through completion of the order; this does not include upfront processing time of each order. The SLA intervals for all products are based on the actual Provisioning SLAs and s will be honored based on the Provisioning SLAs only and will not take into consideration the time needed to process the customer onboarding, coordination activities, and/or upfront processing time. The standard upfront processing time is stated below: Day 0 - Contract Signed Day 0 Day 0 2 Order Submission Up to 2 Business Days Day 2 - Order Released to Account Management and Service Fulfillment Teams Day 4 - Welcome Call Day 11 - Kickoff Call with your BullsEye Implementation Team By Day 16 - Provisioning Begins Up to 2 Days Up to 7 Days 3-5 Days Up to 2 Days Upfront Processing Time 6