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Availability
Guarantee
BiCoastal's goal is to make the BiCoastal Network
available to Customer free of Network Outages for
99.99% of the time. A "Network Outage" is an
instance in which Customer is unable to transmit and
receive IP packets from and to the public Internet for
more than 15 consecutive minutes, excluding outages
relating to BiCoastal scheduled maintenance and
upgrades, and also excluding outages in which the
inability to transmit and receive IP packets is caused
by the failure or non-performance of hardware or
software used by or on behalf of Customer (whether
owned by BiCoastal or Customer).
Upon Customer's request (in accordance with the
procedure set forth below), BiCoastal will issue a
credit to Customer for Network Outages occurring
during any calendar month that are reported by
Customer to BiCoastal and confirmed by BiCoastal's
measurements of the BiCoastal Network. Such credit
will be equal to one day's worth of the base service
fee paid by Customer for such month, multiplied by
each hour (or portion thereof rounded to the next
hour) of the cumulative duration of such Network
Outages.
Exceptions
Customer shall not receive any credits under this SLA
in connection with any failure or deficiency of the
BiCoastal Network caused by or associated with:
(a) failure of power, facilities, equipment,
applications, systems or connections not provided by
BiCoastal;
(b) failure of access circuits to the BiCoastal
Network, unless such failure is caused solely by
BiCoastal;
(c) General telco failure;
(d) scheduled maintenance;
(e) DNS issues outside the direct control of
BiCoastal;
(f) outage or error of any BiCoastal measurement
system;
(g) Customer's acts or omissions, including without
limitation, any negligence, willful misconduct, or use
of the BiCoastal Network or BiCoastal services in
breach of BiCoastal Terms and Conditions and
Acceptable Use Policy, by Customer or others
authorized by Customer;
(h) any reason beyond the control of BiCoastal,
including, without limitation, acts of God or any
governmental body, war, sabotage, fire, flood,
earthquake or labor disturbance.
Measurement
BiCoastal will periodically (on average every 15
minutes) measure the BiCoastal Network at the edge
router using software and hardware components capable
of measuring application traffic and responses at such
measurement. Customer acknowledges that such
measurements constitute measurements of traffic on the
BiCoastal Network but not other networks to which
Customer may connect. BiCoastal reserves the right to
periodically change the measurement points and
methodologies it uses without notice to Customer.
Measurements will be posted to a website designated by
BiCoastal and made available to Customer.
Credit Request and Payment Procedures
Requests for credits must be made on the website
designated by BiCoastal. Each request in connection
with a Network Outage must be received by BiCoastal
within seven days of the Network Outage.
Notwithstanding anything in this SLA to the contrary,
the total amount credited to a Customer in connection
with Network Outages, in any calendar month will not
exceed the base service fee paid by Customer to
BiCoastal for such month.
Each validly requested credit will be applied to a
Customer invoice within 2 billing cycles after
BiCoastal receipt of such request. Credits are
exclusive of any applicable taxes charged to Customer
or collected by BiCoastal.
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Current
Clients