Service Level Agreement - Speakeasy Broadband Connectivity & Services
Speakeasy Broadband Services, LLC. (Speakeasy) is committed to providing a reliable, high-quality network to support Customers using Speakeasy's Broadband Connectivity & Services. This SLA outlines the minimum service a Customer may expect from Speakeasy for the contracted service.
The following SLA represents Speakeasy's sole responsibility and the Customer's sole remedy related to Speakeasy Broadband Connectivity & Services regarding the SLA and any Service Availability Guarantee.
DEFINITIONS:
Customer shall mean a Speakeasy customer who has executed a binding agreement for Speakeasy's Broadband Connectivity & Services, excluding any Customer whose account is, or during the period in question, was not in good financial standing with Speakeasy, or is in violation of the terms and conditions or Speakeasy's acceptable use policy outlined herein and in the Speakeasy Master Service Agreement.
SERVICE GUARANTEE:
DSL
Digital Subscriber Line is a complex technology with known limitations that must be acknowledged, however, Speakeasy will do its best to provide Customer the maximum speed of the line Customer is ultimately delivered.
The availability targets referenced below do not account for scheduled outages on Speakeasy's network or events outside of Speakeasy's control, including, but not limited to, force majeure events or Customer equipment outages.
ADSL
The throughput Customer receives can vary from line to line depending on a variety of factors such as Internal Wiring, line quality, location, Internet traffic, and other variables outside of Speakeasy's control. Due to this, Speakeasy provides ADSL as a best effort service, and cannot guarantee upload or download speeds.
Credits for service outages due to vendor or ILEC issues are issued only after the circuit in question has been out of operation for at least 72 hours. This is measured from the time a vendor Trouble Ticket is created, and indicated by the time stamp on the Trouble Ticket. If Customer is experiencing a service outage, Customer should contact Speakeasy's support team as soon as possible to begin proper troubleshooting.
OneLink ADSL
The service guarantees described below only apply to Business Select and Business Select Plus OneLink packages.
Speakeasy provides an uptime availability target of 99% for OneLink services each calendar month. If Speakeasy fails to meet the availability target for a particular month, Customer may request a credit for 3% of Customer's package's monthly recurring charge for each hour of service outage in excess of the availability target. By definition, a circuit is experiencing an outage if through no fault of Customer, no traffic is exchanged on the line, or Speakeasy is unable to ping Customer's otherwise correctly installed router. Outage hours are rounded to the nearest hour and based on the time a vendor Trouble Ticket is created, indicated by the time stamp on the Trouble Ticket.
Speakeasy's target response time for initializing service restoration following phone notification of a OneLink ADSL service outage is 36 hours. If Speakeasy is unable to meet this target response time, Customer may request a credit for 10% of Customer's package's monthly recurring charge. In no case shall the sum of target response time credits and uptime availability target credits combined with any other credits for which Customer is eligible during a calendar month exceed the total of Customer's package's monthly recurring charge.
SDSL and IDSL
The service guarantees described below do not apply to Residential-class IDSL services.
Speakeasy provides an uptime availability target of 99.9% for SDSL or IDSL services each calendar month. If Speakeasy fails to meet the availability target for a particular month, Customer may request a credit for 3% of Customer's package's monthly recurring charge for each hour of service outage in excess of the availability target. By definition, a circuit is experiencing an outage if no traffic is exchanged on the line, or Speakeasy is unable to ping Customer's router. Outage hours are rounded to the nearest hour and based on the time a vendor Trouble Ticket is created, indicated by the time stamp on the Trouble Ticket.
Speakeasy's target response time for initializing service restoration following phone notification of a SDSL or IDSL service outage is 24 hours. If Speakeasy is unable to meet this target response time, Customer may request a credit for 10% of Customer's package's monthly recurring charge. In no case shall the sum of target response time credits and uptime availability target credits during a calendar month exceed the total of Customer's package's monthly recurring charge.
Speakeasy guarantees 80% throughput on all SDSL and IDSL services. If Customer receives one of these services and it is continuously and chronologically documented through Speakeasy tests and vendor Trouble Tickets as functioning below the guaranteed throughput for 60 days, Customer may disconnect Customer's line without penalty. This is also true if a Speakeasy vendor (CLEC) or Customer's telephone company (ILEC) has deemed Customer's line as unable to reach the guaranteed 80%, and Customer is unable to downgrade to a lower speed within the same technology.
T1
Speakeasy will make every effort to install Customer's T1 circuit within 40 calendar days of Customer's date of order. In the event that we fail to meet this target, Customer is eligible for a credit of 50% of Customer's first monthly recurring charge. To claim this credit, Customer must request it from Customer's account manager within 30 calendar days of Customer's installation date. This guarantee does not apply to pre-installation cancellations due to technical limitations.
Speakeasy provides an uptime availability target of 99.99% for T1 services each calendar month. If Speakeasy fails to meet the availability target for a particular month, Customer may request a credit for 3% of Customer's package's monthly recurring charge for each hour of service outage in excess of the availability target. By definition, a circuit is experiencing an outage if no traffic is exchanged on the line, or Speakeasy is unable to ping Customer's router. Outage hours are rounded to the nearest hour and based on the time a vendor Trouble Ticket is created, indicated by the time stamp on the Trouble Ticket.
Speakeasy's target response time for initializing service restoration following phone notification of a T1 service outage is 4 hours. If Speakeasy is unable to meet this target response time, Customer may request a credit for 10% of Customer's package's monthly recurring charge. In no case shall the sum of target response time credits and uptime availability target credits during a calendar month exceed the total of Customer's package's monthly recurring charge.
Speakeasy guarantees 100% throughput on T1 loops between the customer premise and Central Office (i.e., Customer's router will train to 100% of the purchased speed level). If Customer's circuit is continuously and chronologically documented through Speakeasy tests and vendor Trouble Tickets as functioning below the guaranteed loop speed for 60 consecutive days, Customer may disconnect service without penalty. Speakeasy does not guarantee throughput from the Internet to a personal computer and vice-versa, as actual throughput is highly dependent on external factors such as Internet congestion and protocol overhead.
Speakeasy guarantees a maximum average latency of 60 milliseconds from Customer's router to a test point on the Speakeasy network. Average latency is the hourly average of the latency tests performed on a T1 circuit. Average latency is not measured when a T1 is experiencing a service outage. Should Customer's average latency exceed the guaranteed maximum in a calendar month, Customer is eligible for a credit equal to one day's worth of service.
Packet return is guaranteed at a minimum hourly average of 99.8% from Customer's router to a test point on the Speakeasy network. Packet return is not measured when a T1 is experiencing a service outage. Customer is eligible for a credit equal to one day's worth of service for each hour that Customer's packet return rate is below the minimum. A maximum of 3 days' worth of service shall be credited for packet loss in a calendar month.
Test points for both latency and packet loss guarantees are designated by Speakeasy and may be Customer's gateway router or a server within Customer's Speakeasy Point of Presence. Testing must be done in a period where the only traffic on the T1 circuit is the test traffic. In the case of continuous high latency or packet loss exceeding Speakeasy's service guarantees, Speakeasy reserves the right to recommend the disconnection of Customer's service without penalty.
Business Ethernet
Speakeasy guarantees 100% throughput on Business Ethernet loops between the customer premise and Central Office (i.e., Customer's CPE will train to 100% of the purchased speed level). If Customer's circuit is continuously and chronologically documented through Speakeasy tests and vendor Trouble Tickets as functioning below the guaranteed loop speed for 60 consecutive days, Customer may disconnect service without penalty. Speakeasy does not guarantee throughput from the Internet to a personal computer and vice-versa, as actual throughput is highly dependent on external factors such as Internet congestion and protocol overhead.
Speakeasy provides an uptime availability target of 99.99% for Business Ethernet services each calendar month. If Speakeasy fails to meet the availability target for a particular month, Customer may request a credit for 3% of Customer's package's monthly recurring charge for each hour of service outage in excess of the availability target. By definition, a circuit is experiencing an outage if no traffic is exchanged on the line, or Speakeasy is unable to ping Customer's router. Outage hours are rounded to the nearest hour and based on the time a vendor Trouble Ticket is created, indicated by the time stamp on the Trouble Ticket.
Speakeasy's target response time for initializing service restoration following phone notification of a Business Ethernet service outage is 4 hours. If Speakeasy is unable to meet this target response time, Customer may request a credit for 10% of Customer's package's monthly recurring charge. In no case shall the sum of target response time credits and uptime availability target credits during a calendar month exceed the total of Customer's package's monthly recurring charge.
Speakeasy guarantees a maximum average latency of 60 milliseconds from Customer's router to the nearest gateway on the IP network. Average latency is the hourly average of the latency tests performed on a Business Ethernet circuit. Average latency is not measured when a Business Ethernet is experiencing a service outage. Should Customer's average latency exceed the guaranteed maximum in a calendar month, Customer is eligible for a credit equal to one day's worth of service.
Packet return is guaranteed at a minimum hourly average of 99% from Customer's router to a test point on the Speakeasy network. Packet return is not measured when a Business Ethernet is experiencing a service outage. Customer is eligible for a credit equal to one day's worth of service for each hour that Customer's packet return rate is below the minimum. A maximum of 3 days' worth of service shall be credited for packet loss in a calendar month.
Test points for both latency and packet loss guarantees are designated by Speakeasy and may be Customer's gateway CPE or a server within Customer's Speakeasy Point of Presence. Testing must be done in a period where the only traffic on the Business Ethernet circuit is the test traffic. In the case of continuous high latency or packet loss exceeding Speakeasy's service guarantees, Speakeasy reserves the right to recommend the disconnection of Customer's service without penalty.
All Broadband Services
Speakeasy does not guarantee "ping times" for any product. Ping times are often misunderstood as indicative of throughput or speed of Customer's line. If Customer has any questions or concerns regarding ping times or throughput, Customer should contact Speakeasy Customer Support via MySpeakeasy (login required).
All Speakeasy-provided customer premise equipment is pre-configured for the service ordered. Speakeasy technicians know Customer's equipment, and can make any changes needed after Customer's service is installed. Support for the hardware configuration comes with the service; customer modifications that make the hardware inaccessible remotely to Speakeasy technicians will result in billable configuration/repair by Speakeasy and/or vendor technicians. If Customer provides Customer's own equipment, arrangements must be made during order placement. Speakeasy cannot guarantee Customer's hardware's compatibility with Speakeasy's services or Speakeasy's ability to support it. If a technician visit is required to reconfigure pre-owned or non-Speakeasy provided hardware, an additional charge may be involved. If Customer requires the password to access Customer's router, Speakeasy provides no warranty on the hardware configuration and is no longer responsible for the repair or reconfiguration of the router.
If a vendor technician dispatch is necessary to repair any non-Speakeasy/non-vendor initiated changes to the on-site equipment or wiring that renders that device inoperable or unreachable by Speakeasy remotely, hardware reconfigurations, or hardware repairs not covered under warranty, there will be a Technician Dispatch Fee. Dispatch Time spent on site and/or additional repairs may be billed per vendor discretion. This does not apply to dispatches needed for a repair due to normal service outages unless deemed necessary by Speakeasy's vendors.
Other than as specifically described in these Terms of Service, Speakeasy makes no guarantee or warranty of any kind. Speakeasy does not warrant or guarantee that its service is fit for Customer's particular purpose. Speakeasy does not warrant or guarantee that its service meets any implied warranty of merchantability. Speakeasy does not warrant or guarantee that its service meets any other implied warranty or guarantee and specifically disclaims any other implied warranties or guarantees.
POLICY CHANGE
Speakeasy reserves the right to change, amend, or revise this SLA policy at any time. Changes or revisions to the SLA will be deemed effective upon posting the applicable revision on Speakeasy's website.