EGLA FIBER SLA

EGLA FIBER Service Level Agreement (SLA)

This summary page describes the Service Level Agreement (SLA) applicable to the Incubator net private local area network (LAN) business services.

Broadband Services covers the following products on Incubator Net: (InQ Net)

  1. Basic Internet
  2. Maverick
  3. Technologist
  4. Power Play
  5. Orbiter

A. General Services

EGLA FIBER of services, provides monthly internet services to business at exceptional speeds and value.

EGLA COMMUNICATIONS:

Customer must communicate and cooperate with EGLA COMMUNICATIONS in testing, determining and verifying that a qualifying service outage has occurred.

Will be the only party to determine whether EGLA COMMUNICATIONS has not met any of the SLAs specified herein.

SLAs may be enhanced, change or discontinue any of the SLA points below without notice to customer.

B. Network Availability – 99.9%

EGLA COMMUNICATIONS Points of Presence (POPs) on the IP/DSL Backbone Network shall be “Available” 99.9% of the time in delivering traffic to/from other EGLA COMMUNICATIONS POP locations on the IP/DSL Backbone measured over a calendar month. Network Availability shall be calculated based on an aggregate monthly measurement average between EGLA COMMUNICATIONS MegaPOP and MiniPOP endpoints within the USA. Customer shall be entitled to one (1) day’s credit* (based on a 30 day calendar month) from the Customer’s monthly recurring service fees if EGLA COMMUNICATIONS fails to meet the aggregate Network Availability guarantee during any Calendar month. 

Any calculation of Network Availability shall not include any unavailability resulting from: (a) scheduled Network maintenance, (b) the occurrence of a Force Majeure event, (c) unavailability of an EGLA COMMUNICATIONS Virtual POP or (d) the failure of non-service impacting equipment or systems responsible for network measurements.

C. SLA Credits, Outages of Services

EGLA COMMUNICATIONS provides month to month pre-paid internet service and comes with limited or no warranty of one month of services.  This credit is provided to customer at EGLA discretion based on outage length and severity.

D. SLA Credits

In any calendar month Customer’s aggregated SLA credits may not exceed, for any Broadband Service line, one month’s worth of the monthly service fee for the affected broadband line. For the purpose of calculating SLA credits, this monthly service fee shall mean the monthly recurring charge for such line, but excluding, in all cases, (i) any monthly recurring fees for the Broadband Service features (e.g., domain name hosting or email service) and (ii) all one-time charges.

E. SLA Exclusions

A Service Outage does not include an outage that occurs during scheduled periods of maintenance or upgrades.

SLAs do not apply, and EGLA COMMUNICATIONS is not responsible, for failure to meet an SLA resulting from:

  • The misconduct or accident of Customer behavior or Users of Service;
  • The failure or deficient performance of power, equipment, services or systems not provided by EGLA COMMUNICATIONS;
  • Delay caused or requested by Customer;
  • Service interruptions, deficiencies, degradations or delays due to any access lines (i.e. POTS line) whether provided by EGLA COMMUNICATIONS or by third parties, or Customer Premises Equipment (CPE) when provided by third parties;
  • Service interruptions, deficiencies, degradations or delays during any period in which EGLA COMMUNICATIONS or its representatives are not afforded access to the premises where access lines associated with Broadband Business Service are terminated or EGLA COMMUNICATIONS CPE is located;
  • Service interruptions, deficiencies, degradations or delays during any period when a Service Component is removed from Service for maintenance, replacement, or rearrangement purposes or for the implementation of a Customer order;
  • Customer’s election to not release a Service Component for testing and/or repair and to continue using the Service Component; and/or
  • Force Majeure conditions such as fire, explosion, lightning, power surges or failures, strikes or labor disputes, water, acts of god, the elements, war, civil disturbances, terror, acts of civil or military authorities, fuel or energy shortages, acts or omissions of suppliers or other causes beyond EGLA COMMUNICATIONS’s control, whether or not similar to the foregoing.

In addition, Broadband Service SLAs do not apply (a) if Customer is entitled to any other available credits, compensation or remedies under Customer’s Service Agreement for the same service interruption, deficiency, degradation or delay, (b) for service interruptions, deficiencies, degradations or delays not reported by Customer to EGLA COMMUNICATIONS within a reasonable period of time, (c) where Customer reports an SLA failure, but EGLA COMMUNICATIONS does not find any SLA failure, (d) any wholesale customer with access provided by EGLA COMMUNICATIONS for resell to their end users and/or (e) to Broadband Sites that are not directly connected INCUBATOR NET Network.

F. Use of Alternate Service

If Customer elects to use another means of communications during the period of interruption, Customer must pay the charges for the alternative service used.

G. Network Latency – 100 milliseconds (ms)

EGLA COMMUNICATIONS’s aggregate monthly average, roundtrip POP-to-POP latency on the IP/DSL Backbone Network shall be 100.0 ms or less between MegaPOP locations on the EGLA COMMUNICATIONS IP/DSL Backbone. Aggregate monthly roundtrip latency shall be calculated based on the geometric mean of regular measurement samples between EGLA COMMUNICATIONS MegaPOP endpoints within the contiguous forty-eight (48) States of the USA.

H. Data Delivery (Packet Loss) – 99.9%

EGLA COMMUNICATIONS’s aggregate monthly average packet loss between EGLA COMMUNICATIONS POPs on the IP/DSL Backbone shall not exceed 0.1%. Packet Loss shall be calculated based on the arithmetic mean of aggregate monthly measurements between EGLA COMMUNICATIONS MegaPOP and MiniPOP endpoints within the USA.

I. 24 Hour Service Restoration

Customer connectivity shall be restored in 24 hours or less from the time EGLA COMMUNICATIONS is notified of the outage. Customer shall be entitled to one (1) day’s credit* (based on 30 day calendar month) from the Customer’s monthly recurring service fees if EGLA COMMUNICATIONS fails to meet the 24 Hour Service Restoration SLA.

Any calculation of 24 Hour Service Restoration shall not include any failure attributable to (a) scheduled Network maintenance; (b) the occurrence of a Force Majeure event; (c) the failure of non-service impacting equipment or systems responsible for network measurements; or (d) any CPE failures; (e) any outage involving access facilities; including Central Office (CO), Remote Terminal (RT), or Digital Subscriber Line Access Multiplexer (DSLAM) equipment.