Broad Sky Enterprise Satellite Service Level Agreement

1.SCOPE

This Service Level Agreement (SLA) outlines the minimum service that Client may expect from BROAD SKY for:

Network Availability
Packet Loss
Latency

For the purposes of this SLA, BROAD SKY does not include the following items:

Customer Premises Equipment (CPE) with the exception of the BROAD SKY provided CPE
Any networks or network equipment not owned or controlled by BROAD SKY
Cabling from the BROAD SKY Equipment to Customer’s LAN equipment

 2. NETWORK AVAILABILITY

The BROAD SKY Enterprise satellite network will be available to Customer an average of 99.5% of the time per calendar month averaged over the previous twelve (12) month period. BROAD SKY’s network availability will be measured based on the cumulative number of minutes that the BROAD SKY network was “unavailable,” per calendar month, as solely determined by BROAD SKY. “Network Unavailability” shall mean a service outage due to failure of the BROAD SKY SAT network resulting in Customer being unable to connect to Remote Terminals from Customer’s location. “Network Unavailability” shall not include the unavailability of the BROAD SKY satellite network resulting from any of the following events (“Excused Events”):

Network Maintenance; (Note: Network maintenance windows are periodically scheduled for Sunday mornings from 12:00:01 AM to 6:00:00 AM EST.)
Circuits or network elements provided by other telecommunications providers or other common carrier
An external Internet Service Provider or an Internet exchange point
Acts or omissions of Customer or an authorized user
Customer equipment, facilities or applications
Local access provider outages or service interruptions
Force Majeure as defined in the BROAD SKY Service Agreement

2.1 NETWORK AVAILABILITY REMEDY

If BROAD SKY determines that the BROAD SKY satellite network was unavailable during a calendar month, for each 1% of Network Unavailability below the expected 99.5% availability, BROAD SKY shall reduce the applicable monthly fee by .5% up to a maximum reduction of 15%.

2.2 PACKET LOSS 

BROAD SKY satellite network packet loss will not exceed an average of two percent (2%) on the BROAD SKY satellite network during any calendar month (this excludes link setup time). Packet loss is defined as the percentage of packets dropped between Customer’s Remote Terminal and BROAD SKY’s satellite Shared Hub.

2.2.1 PACKET LOSS REMEDY

If BROAD SKY determines the BROAD SKY SAT network’s packet loss exceeds an average of two percent (2%) during any calendar month (this excludes link setup time), for each Customer Remote Terminal that is affected by such packet loss, Client is eligible to receive a one (1) day credit of the monthly fee for that Remote Terminal.

2.3 LATENCY 

BROAD SKY’s monthly network latency will not exceed an average latency of 750 milliseconds on the BROAD SKY’s Network (for a single satellite hop). “Round trip time” or “network latency” is defined as twice the average time it takes an IP packet (32 bytes in length) to enter and exit the BROAD SKY’s network.

2.3.1 LATENCY REMEDY

If BROAD SKY determines, in its sole discretion, that the average monthly network latency exceeds 750 milliseconds during a calendar month for each Customer Remote Terminal that is affected by such latency and on which this latency was not met, Client is eligible to receive a one (1) day credit of the monthly fee for that Remote Terminal, for each day latency exceeds 750 milliseconds specific to general internet browsing only.

2.4 THROUGHPUT 

Broad Sky also commits to delivering 80% of contracted download and 70% of upload speeds 99% of the time when sending a 5Mb or larger file as measured by Broad Sky or a Broad Sky approved bandwidth speed test site. All speed tests must use at least a 5Mb or larger file using a Broad Sky approved testing procedure. Accelenet software may be required to achieve the above throughput.

3.0 SERVICE CLAIM PROCESS

To initiate a claim for a service credit with respect to the SLA’s described herein, Client shall submit to BROAD SKY a request in writing for the service credit. For all Network Performance SLA: Client shall submit the service credit request to the Client’s assigned BROAD SKY Representative within seven (10) business days after the end of the month in which the event occurred that gives rise to the claim for the service credit.

BROAD SKY shall acknowledge receipt of all service credit requests via email within twenty-four (24) hours after such receipt and will review all requests within ten (10) business days after such receipt. Client shall be notified via email upon resolution of the request. Client shall cooperate with BROAD SKY in the service claim investigation. When service requests are submitted, the Client shall pay its entire service bill, and shall not set off any service credits it would anticipate receiving from BROAD SKY.

4.0 SERVICE CREDIT

BROAD SKY shall issue a service credit to clients account upon approval of its service credit request. Service credit will appear on the invoice issued in the month following the month in which the service credit request was approved. BROAD SKY shall not be held liable for failure to fulfill its obligations hereunder if such failure is due to an Excused Event as set forth in Section 2.1.

Service Credits delivered as remedies in conjunction with SLA’s described herein represent BROAD SKY’s sole responsibility and Client’s sole remedy related to the service(s) to be provided under this Agreement. BROAD SKY shall provide its service in accordance with this SLA, and the Client’s sole remedy for failure of BROAD SKY to provide such SLA related to BROAD SKY Service is described herein. An SLA and/or warranties, other than the network’s performance SLA listed above and as described herein, whether expressed or implied, are hereby disclaimed, including warranties of merchantability and fitness for a particular purpose.

5.0 CANCELLATION

In the event of chronic performance problems and that remain unresolved after 30 days from the initial trouble ticket submission to Broad Sky’s Network Operations Center (NOC). Client may cancel contract with no additional penalties or service charges.

4G Service Level Agreement

Subject to the SLA General Terms & Conditions, BROAD SKY NETWORKS, LLC warrants the following levels of service on its network:

Availability: 99.5%
Mean Time to Restore (MTR):24 hours (network and/or hardware*)
An external Internet Service Provider or an Internet exchange point
Latency150 ms rt average, (i.e. 75 to 225 ms rt)

I.Definitions

Availability:

This is amount of time that the network will be available as measured in minutes per month. The calculation is: Total minutes of actual availability divided by the total number of minutes in a month (“Covered Time”).

In the event the network availability is less than the SLA, a credit will be issued of 1% of the MRC of the affected location for each percentage point below the SLA that the network was not available.

Important Note: SLA applies only to managed orders wherein an agent or designee of Broad Sky Networks has performed a professional installation (to include an external antenna) of Service(s). Client self -install or mobile applications are not covered under the conditions of the SLA.

Service Interruptions Excluded from Covered Time

The following service interruptions are excluded in any calculation of Availability:

Loss of power at the remote location
Remote location is unable to conduct business due to an event beyond the control of BROAD SKY that may affect the BROAD SKY Service (i.e., act of nature, fire, civil unrest, terrorist attack)
Any service interruption caused by any Client premise equipment (CPE) or service
The Broad Sky Equipment and Service is not used in the manner prescribed in the BROAD SKY Service Agreement or moved or adjusted without authorization or instruction by BROAD SKY Support.
The SLA will be considered invalid in the event that the Broad Sky-provided hardware is not kept in a temperature/humidity controlled environment within normal operating ranges.

Mean Time to Restore (MTR):

This is the average time it takes to restore service. The outage time is measured by the total elapsed time from the issuance to the resolution of a trouble ticket as recorded in the Broad Sky trouble ticket database, divided by the total number of trouble tickets issued for a Customer during a calendar month. In the event Broad Sky does not perform within the SLA, a credit of 10% of the MRC for the affected locations will be issued for the month in which the outage occurred.

Hardware replacement subject to shipping cutoff times.

SOLUTIONS

Technology