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SERVICE LEVEL AGREEMENTS

CONNECTIVITY SERVICES SLA 

1. OVERVIEW 

North Atlantic Networks’ (“NAN”) Connectivity Services are backed by this Service Level Agreement (“SLA”). This SLA applies only to NAN’s Connectivity Services as defined later in this document and is the Client’s sole remedy regarding Connectivity Services. 

2. CLIENT DEFINITION & SERVICE ACTIVATION 

Client shall mean a NAN customer who has executed a binding agreement for a NAN-provided Connectivity Service, excluding any Client in violation of the NAN Acceptable Use Policy (“AUP”), Terms of Service (“ToS”), or is not in good financial standing with NAN. The terms of this SLA are effective on the date of service activation (“Service Delivery Date”). In no event shall any obligation for a service credit arise under this SLA until such time as the Services are fully installed and operational. 

3. CONNECTIVITY SERVICE DEFINITION 

The services covered under this SLA are defined as “Connectivity Services.” These cover the use of wired or fixed wireless services to connect the client to the Internet or private client infrastructure. Examples of this service are Enterprise Metro Ethernet, Dedicated Internet Access (DIA), or MPLS Services. Not covered under this SLA are Local Access Circuits (Loops) or Broadband services. NAN’s network management system (responsible for collecting performance metrics for this SLA) is the sole and conclusive measurement for all remedies given by this SLA. 

4. SERVICE OUTAGE DEFINITION

A Service Outage is defined as the total and complete unavailability or degradation of connectivity services occurring outside of scheduled or emergency maintenance. NAN is not responsible for a failure to meet any performance objectives set forth under the below exclusions section: 

     i) Labor strikes, Governmental orders, civil commotion, acts of God, and/or other circumstances beyond NAN’s reasonable

         control. 

     ii) NAN or vendor scheduled maintenance events outlined in Section IV. 

     iii) Client LAN, maintenance events, or upgrades to service(s) scheduled with client by NAN. 

     iv) Failure of power, equipment, or systems not provided by NAN. 

     v) Lack of Client cooperation required to remedy the service (example: client denies access to take a connection offline for

          testing or denies repair technicians physical access to Client premises). 

     vi) Failure of systems performing network measurements.

5. MAINTENANCE EVENTS 

Scheduled Maintenance shall mean any maintenance executed by NAN Engineers or a NAN Partner, of which Client is notified at least 24 hours in advance, for network software or hardware upgrades, configuration changes, or preventative maintenance of equipment used to deliver NAN connectivity services. NAN’s standard window for scheduled maintenance occurs between 2300 hours to 0300 hours local time of the affected area used to deliver service. However, scheduled maintenance may fall out of that time window should the requirement be necessary.

Emergency Maintenance shall constitute any maintenance NAN deems necessary to ensure network stability for the client base considering industry or vendor published mechanical, software or security advisories. Emergency Maintenance will be performed at NAN’s discretion. NAN will notify clients of Emergency Maintenance via best effort.

Notifications for events will be sent via email to the Client technical contact. Lack of receipt of a maintenance notification does not entitle the Client to a Service Credit. NAN makes every effort to make service interruption during maintenance events as brief as possible. Degradation of service is expected during maintenance windows, and as such, no service credits shall be issued for issues arising during a maintenance window.

6. NETWORK PERFORMANCE METRICS & DEFINITIONS

The items below outline each service type and the SLA for the key metrics for the service: 

     i) Backbone Availability: Defined as the percentage of time in one Calendar Month during which NAN’s network can deliver

         traffic between other NAN owned routers or NAN’s Direct Internet Peers. This does not apply to Local Access Circuits

         (Loops), or intermediate Autonomous Systems (AS) client traffic may pass through that are not under NAN’s direct control.

         As such, Backbone Availability only falls under “On-Net” services and does not apply to off-net services such as broadband 

         or managed 3rd party connections. Availability is calculated based on monthly measurement averages between monitored             NAN endpoints. 

     ii) Jitter: Defined as an average sample of inter-packet latency variance. 

     iii) Latency: Defined as the average round-trip time of packets transported between NAN datacenters. 

     iv) Packet Loss: Defined as packets transmitted by the client that do not exceed the client’s committed bandwidth level,

           becoming lost, dropped or otherwise missing. 

     v) Off-net SLA: Defined as connectivity services that are managed by NAN but do not touch the NAN backbone. All off-net

           services will have the applicable vendor’s SLA assumed and passed through to the client. Due to the large number of off- 

           net services that can be provided through numerous 3rd party carriers, it is not feasible for NAN to include them all in this

           document. As such, a client/site-specific SLA for 3rd party services can be provided at client request. 

Network availability and performance commitments will vary based on the underlying technology provided to Client. Client order form will define the underlying technology used to provide services to Client. The table in section 7 below represents NAN’s SLA for each of the aforementioned performance metrics and the underlying technology used to deliver service. 

7. SERVICE CREDITS 

When services fail to meet the applicable commitments outlined in this SLA, Client may receive a statement credit to their account. To request a credit under this SLA, client must open a trouble ticket within five (5) calendar days of the reported outage and email their account representative with a description of the requested credit along with the NAN trouble ticket number(s) within fourteen (14) calendar days of the ticket closure. The account representative will notify the client if the credit has been approved or denied. Under no circumstance may credits provided for an applicable outage exceed the Monthly Recurring Charge (MRC) for that billing cycle.

 

 

 

Applicable remedies for NAN’s failure to meet the performance objectives outlined in this SLA are subject to the table below. 

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8. POLICY CHANGES 

NAN reserves the right to change this policy at any time. Policy changes will be posted to the NAN website, available at http://www.nan.com/sla. Changes to this policy become effective the date posted to the website. If the service is no longer under a term contract (12, 24, 36 months or greater), the terms of this SLA no longer apply. 

9. LIMITATION OF LIABILITY

NAN’s total liability to the Client under this SLA is limited to the MRCs for the affected Services for the applicable Calendar Month that the Service Outage occurs, or as otherwise specified in Section VI. Except for the service credits associated in this SLA, this SLA does not modify or amend the written contract executed by the Client, or the AUP and ToS documents available on NAN’s website. The provisions of this SLA are the Client’s sole and exclusive remedies for NAN’s failure to meet the standards defined in this SLA and any other service issues. 

MANAGED SERVICES SLA 

1. OVERVIEW

North Atlantic Networks’ (“NAN”) Managed Services are backed by this Service Level Agreement (“SLA”). This SLA applies only to NAN’s Managed Services as defined later in this document and is the Client’s sole remedy regarding Managed Services. 

2. CLIENT DEFINITION 

Client shall mean a NAN customer who has executed a binding agreement for a NAN provided Managed Service, excluding any Client in violation with the NAN Acceptable Use Policy (AUP), Terms of Service (ToS), Client specific SLA, or is not in good financial standing with NAN. The terms of this SLA are effective on the date of service activation. In no event shall any obligation for a service credit arise under this SLA until such time as the Services are fully installed and operational.

The terms of this SLA are effective on the date of service activation. In no event shall any obligation for a service credit arise under this SLA until such time as the Services are fully installed and operational (“Service Delivery Date”).

3. MANAGED SERVICES DEFINITION & SCOPE 

The services covered under this SLA are defined as “Managed Services.” This covers the use of any service that NAN is the party responsible for ensuring the proper operation of the service/device. Examples of these services are Managed Routers and Switches, Managed Firewalls, Co-managed Devices, Identity Control, Managed Security Analytics, and Managed Network/Connectivity Monitoring Services. Throughout this document Managed Services may be associated with devices or services for which NAN is responsible. Note: An additional SLA applies to MPLS Firewall Services, and along with this document shall govern that NAN provided service. 

4. NAN RESPONSIBILITIES

For Devices or Services under scope of management, NAN will be responsible for the following: 

     i) Monitoring availability and performance. 

     ii) Keeping a valid hardware and software support contract (i.e., OEM Support, purchased by Client) with the associated vendor

          for the covered service/device unless;

          (1) Service/Device is “co-managed,” defined as a client owned device that NAN non-exclusively performs management

                services for and has not engaged NAN to procure OEM Support. 

          (2) The client is not under a 12-, 24-, 36-, or 60-month contract. 

          (3) The covered service/device has been marked End-Of-Life (EOL) by the associated vendor and service is no longer

                 commercially available. 

          (4) Client chooses not to purchase an OEM support contract and acknowledges any risks associated with this choice. 

     iii) Provide technical advice for proper governance or configuration of covered services/devices. 

     iv) Regularly patching of devices when applicable and with client consent. 

     v) Responding to security notices from applicable devices or software vendors. 

     vi) Move-Add-Change-Delete (MACD) to configurations of covered devices/services. 

     vii) Provide service/device sizing and selection assistance to adhere to client requirements. 

     viii) Responding to client requests in a timely manner outlined in the Service Credits section of this document.      ix) Providing

             documentation of covered services.

At client request NAN may elect to assist in troubleshooting beyond or outside of the scope of management. NAN will charge the client in 2-hour increments at NAN’s off-contract hourly rates or as part of a TEAM/TEAM+ engagement (if purchased / applicable). The following conditions apply: 

     i) NAN reserves the right to not offer this type of troubleshooting service, for any reason. 

     ii) NAN offers no warranty implied or otherwise of recommended changes to software or devices not under NAN

         management.

5. CLIENT RESPONSIBILITIES

Client agrees to be responsible for the following:

     i) Providing a technical point of contact associated with Client to NAN. 

     ii) Allowing NAN representative access to services or premises where management scope exists. 

     iii) Having technical resources to manage services/devices not under NAN’s management. 

     iv) Ensuring active maintenance/support contracts are in place for covered devices/services, if applicable.

     v) Providing NAN access and connectivity for ongoing monitoring and maintenance. 

     vi) Providing space, power and connectivity for devices that must be installed to provide services. 

     vii) Providing and maintaining inside and outside wiring. 

     viii) Providing an Out of Band (OOB) method of access for devices/services where applicable for NAN to utilize for remote

             troubleshooting or maintenance (i.e. 4G/5G backup, alternate broadband connections, satellite, etc.). 

     ix) Ensuring NAN configurations, management or changes adhere to Client’s internal security guidelines. 

     x) Adhere to all license agreements set forth by hardware or software vendors as part of managed service. 

     xi) General cooperation as deemed necessary by NAN to provide contracted service. 

6. MAINTENANCE EVENTS 

Scheduled Maintenance shall mean any maintenance initiated and executed by NAN Engineers or a NAN Partner, of which Client is notified at least 24 hours in advance, for network software or hardware upgrades, configuration changes, or preventative maintenance of equipment used to deliver NAN services. NAN’s standard window for scheduled maintenance occurs between 2300 hours to 0300 hours local time of the affected area used to deliver service. However, scheduled maintenance may fall out of that time window should there be a specific requirement.

Emergency Maintenance shall constitute any maintenance NAN deems necessary to ensure network stability for the client base considering industry or vendor published mechanical, software or security advisories. Emergency Maintenance will be performed at NAN’s discretion. NAN will notify clients of Emergency Maintenance via best effort.

Clients may request Scheduled Maintenances to occur during Business Hours (as defined in Section 7) for change requests by emailing support@nan.com at least 24 hours prior to the requested Maintenance date/time. Client-requested Scheduled Maintenance events occurring After Hours (as defined in Section 7), or without 24 hours’ notice to NAN shall be subject to rush/escalation fees, and are available pending resource availability.

Notifications for events will be sent via email to the Client technical contact. Lack of receipt of a maintenance notification does not entitle the Client to a service credit. NAN makes every effort to make service interruption during maintenance events as brief as possible. Degradation of service is expected during maintenance windows, and as such, no service credits shall be issued for issues arising during a maintenance window.

7. METRIC DEFINITIONS

The items below outline each service type and the SLA for the key metrics for the service: 

     i) Response Time: This metric is defined as NAN’s Network Operation Center (NOC) general responsiveness per incident

         severity level. 

     ii) Severity Level 1 (P1): The Service or Device under management is down. 

     iii) Severity Level 2 (P2): Service is running, but not as expected and is having a negative effect on client. 

     iv) Severity Level 3 (P3): All other tickets or inquiries, such as when service is operational but requires routine changes; any

           request via email will be considered a P3. 

     v) Business Hours: Defined as Monday, Tuesday, Wednesday, Thursday, Friday between the hours of 8AM to 5PM EST/EDT.

          Excludes Holidays. 

     vi) After Hours: Defined as periods of time not covered in “Business Hours”

The table in Section 8 below represents NAN’s SLA for each of the aforementioned performance metrics and the underlying technology used to deliver service. 

8. SERVICE CREDITS

When services fail to meet the applicable commitments outlined in this SLA, Client may receive a statement credit to their account. To request a credit under this SLA, client must open a trouble ticket within five (5) calendar days of the reported outage and email their account representative with a description of the requested credit along with the NAN trouble ticket number(s) within fourteen (14) calendar days of the ticket closure. The account representative will notify the client when the credit has been approved or denied. Under no circumstance may credits provided for an applicable outage exceed the Monthly Recurring Charge (MRC) for that billing cycle.

 

 

 

 

Applicable remedies for NAN’s failure to meet the performance objectives outlined in this SLA are subject to the table below.

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9. POLICY CHANGES 

NAN reserves the right to change this policy at any time. Policy changes will be posted to the NAN website, available at http://nan.com/sla/. Changes to this policy become effective the date posted to the website. If the service is no longer under a 12, 24, 36 month or longer-term contract, the terms of this SLA no longer apply.

10. LIMITATION OF LIABILITY 

NAN’s total liability to the Client under this SLA is limited to the MRCs for the affected Services for the applicable Calendar Month that the Service Outage occurs, or as specified in Section 8. Except for the service credits associated in this SLA, this SLA does not modify or amend the written contract executed by the Client, or the AUP and ToS documents available on NAN’s website. The provisions of this SLA are the Client’s sole and exclusive remedies for NAN’s failure to meet the standards defined in this SLA and any other service issues. 

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