Service Level Agreement - Speakeasy Colocation, Managed & API Services
Speakeasy Broadband Services, LLC. (Speakeasy) is committed to providing reliable, high-quality support to Customers using Speakeasy Colocation, Managed & API 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 the Colocation, Managed & API Services and any Colocation, Managed & API Services Service Guarantee.
DEFINITIONS:
Customer shall mean a Speakeasy customer who has executed a binding agreement for Speakeasy's Colocation, Managed or API 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:
Limited Service Guarantee. Speakeasy warrants that it will use commercially reasonable efforts to minimize Excess Packet Loss, Latency and disruption of API Service, and to avoid Downtime, and that Speakeasy will provide remedies described to Customer: (Excess Packet Loss, Latency, disruption of API Service and Downtime are defined below).
Packet Loss, Latency and disruption of API Service. Speakeasy does not proactively monitor the packet loss, transmission latency of specific customers, or the disruption of API Service. Speakeasy does, however, proactively monitor the aggregate packet loss and transmission latency within its LAN and WAN as well as uptime and connectivity to its API Service. In the event that Speakeasy discovers (either from its own efforts or after being notified by Customer) that Customer is experiencing packet loss in excess of five percent (5%) ("Excess Packet Loss") or transmission latency in excess of 120 milliseconds round-trip time based on Speakeasy's measurements ("Latency") between any two routers within the continental United States portion of the Network on average for each hour, or that Customer is experiencing connection or authentication failures to core API Service servers ("Disruption of API Service"), and Customer notifies Speakeasy (or Speakeasy has notified Customer), then Speakeasy will use its commercially reasonable actions to determine the source of the Excess Packet Loss, Latency, or disruption of API Service and correct the problem. If either Excess Packet Loss, Latency, or disruption of API Service occurs and it stems from a source within the Network and not from the Customer or beyond the Network, and if Speakeasy fails to correct the Excess Packet Loss, Latency, or disruption of API Service after using its commercially reasonable efforts for a period of twenty four (24) hours after Speakeasy becoming aware of such Excess Packet Loss, Latency, or disruption of API Service then Speakeasy will credit Customer's account the pro-rata Bandwidth and/or API Fees payable by Customer to Speakeasy (as set forth in the applicable Service Order) for the continuous duration of such Excess Packet Loss, Latency, or disruption of API Service; provided that all such aggregate credits for such failures in any calendar month, combined with any other credits Customer may be eligible for, will not exceed the actual aggregate Bandwidth Fees and/or API Fees otherwise due from Customer to Speakeasy for Bandwidth and/or API Services for that calendar month.
Inability to Access the Internet (Downtime) and API Service. Speakeasy will use its commercially reasonable efforts to avoid Internet Access Downtime for 99.99% of the hours as an average calculated over each calendar year. If Customer is unable to transmit and receive information from the Network to other portions of the Internet because Speakeasy failed to provide Network Access Services ("Internet Access Downtime") for more than four (4) continuous hours, then Speakeasy will credit Customer's account the pro-rata Bandwidth Fees payable by Customer to Speakeasy (as set forth in the applicable Service Order) for the continuous duration of such Internet Access Downtime; provided that all such aggregate credits for such failures in any calendar month, combined with any other credits Customer may be eligible for, will not exceed the actual aggregate Bandwidth and/or API Fees otherwise due from Customer to Speakeasy for Bandwidth and/or API Services for that calendar month. For purposes of the foregoing, "unable to transmit and receive" shall mean sustained packet loss in excess of fifty percent (50%) based on Speakeasy's measurements. If Customer is experiencing a disruption of API Services or is unable to transmit or receive information from the Network to other portions the Internet for more than 24 consecutive hours or for 95% of the hours as an average calculated over each calendar month because of Speakeasy's hardware, internal API Service authentication issues, or failure of Network Access Services, then Speakeasy will credit Customer's account the pro-rata API Service Fees payable by Customer to Speakeasy (as set forth in the applicable Service Order) for the continuous duration of such disruption of API Services; provided that all such aggregate credits for such failures in any calendar month, combined with any other credits Customer may be eligible for, will not exceed the actual aggregate Bandwidth and/or API Fees otherwise due from Customer to Speakeasy for Bandwidth and/or API Services for that calendar month.
Hardware Guarantee. Speakeasy guarantees the functioning of all Speakeasy Provided Hardware and will replace any failed components at no cost to the customer. Hardware replacement will begin immediately upon identification of the hardware failure, and is guaranteed to be completed within 8 hours of problem identification. In the event that it takes more than 8 hours to replace faulty hardware, Speakeasy will refund the customer 10% of the monthly fee per additional 4 hours of down time (up to 100% of customer's monthly fee as outlined in the Service Order document. Hardware is defined as Processor(s), RAM, hard disk(s), motherboard, NIC card, and other related hardware included under the server lease.
Customer Must Request Credit. Customer must notify Speakeasy within three (3) business days from the time Customer becomes eligible to receive a credit under this SLA to receive such credit. Failure to comply with this requirement will forfeit Customer's right to receive a credit.
Limitation on Remedies. If Customer is entitled to multiple credits under this SLA, such credits shall not in any event be cumulative beyond a total of credits equal to the aggregate Bandwidth Fees for that month in any one (1) calendar month. Speakeasy will not apply a credit under this SLA for any Excess Packet Loss or Latency for which Customer received a credit under this SLA. Speakeasy will only apply a credit to the month in which the incident occurred. Further, Speakeasy will not apply a credit for any period in which Customer received any bandwidth Services free of charge. This SLA states Customer's sole and exclusive remedy for any failure by Speakeasy to provide Services or adequate Service levels, including but not limited to any outages or Network congestion. Speakeasy's blocking of data communications in contravention of its Anti-SPAM Policy or Acceptable Use Guidelines shall not be deemed to be a failure of Speakeasy to provide adequate Service levels under this SLA.
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.