Service Level Agreement

 

1. Service Performance Criteria

 

1.1 Availibility and Response
(a) Service Availability per Monthly Billing Period. Availability is defined as the relative amount of time a Circuit is usable during a monthly billing period. A Circuit is considered unavailable when there is a complete loss of use. VIP's Service availability objectives are 99.99% for Protected Service and 99.99% for Unprotected Service. (b) Response and Repair Times. VIP's Mean Time to Repair ("MTTR") objective is a yearly average of three (3) hours per occurrence with no single occurrence lasting more than four (4) hours from the time a Trouble Ticket is opened.

 

1.2 Credit Allowances for On-net Service Outages.

If Service is unavailable (other than as a result of a planned Service Outage) for more than thirty (30) minutes, or six (6) hours in the case of Unprotected Service, Customer is entitled to receive a credit for the prorated monthly recurring charge of the affected Service. A credit allowance will reduce Customer's payment obligation on a subsequent invoice. A Service Outage begins when VIP is notified or becomes aware of Service unavailability, whichever first occurs, and endswhen Service is restored. The total outage time of the Service Outage is the difference between its start and end times, less any delay time resulting from VIP's inability to access Customer or End User Premises. If Customer reports a Service Outage but declines to release the Service for testing and repair, the Service will be deemed to be impaired, but not a Service Outage eligible for a credit allowance.  

 

 

1.3 No Credit Allowances. Credit allowances do not apply to Service Outages

1. except and to the extent such Service Outages are due to the negligence or misconduct of VIP:  
2. involving Off‐Net Service;  
3. caused by Customer or its End User or their agents or contractors;  
4. resulting from a power failure of power at Customer or End User Premises;  
5. resulting from the failure or malfunction of non‐VIP‐provided equipment or systems;  
6. due to causes beyond the control of VIP, its contractors or its agents;  
7. occurring during any period in which VIP is not given access to Customer or End‐User Premises; 
or  
8. occurring during any planned Service Outage, unscheduled emergency maintenance, scheduled maintenance, or changes in Service requested by Customer.   
9. All scheduled maintenance shall be performed during weekends or non‐business hours and upon no less than 72 hours prior written notice to Customer.  

 

 

1.4 Credit Eligibility Requirements. To be eligible to receive a credit allowance for a Service Outage, Customer must:

(a) report the Service Outage by causing VIP to open a Trouble Ticket;  

(b) submit a written requestfor a credit allowance to VIP within sixty (60) days ofthe date ofthe Service Outage; and  
(c) provide such other information as reasonably required by VIP to investigate the claim.  

 

 

1.5 Credits

(a) On‐Net Protected Service. The following credit allowances apply to Service Outages involving On‐Net 
Protected Service: Service Outage Length Credit Per Circuit: 
 

30 minutes or less: None 
31 to 60 minutes:  5% of the MRC  
61 minutes or greater:  Additional 5% of the MRC for each 60 minute increment no to exceed 100% of the MRC for any single service outage. 
 
(b) On‐Net Unprotected Service. The following credit allowances apply to Service Outages involving On‐Net Unprotected Service  
Service Outage Length Credit Per Circuit: 

Up to 360 minutes:  None 
361 to 480 minutes:  5% of MRC 
481 to 600 minutes:  10% of MRC 
601 to 720 minutes:  15% of MRC 
More than 720 minutes:  20% of MRC 
 
 (c) Limitation on Credits. The total credit allowances for any Circuit may not exceed 100% of the MRC 
during a monthly billing period for the Circuit.  

 

 

1.6 Chronic Trouble

(a) Reporting. Whenever a Customer reports to VIP that a Service has Chronic Trouble, VIP will immediately investigate and report its findings to Customer.  
(b) Protected Service. A Protected Service is considered to have Chronic Trouble if it experiences four (4) 
or more related Service Outages of 60 minutes or less in the aggregate occurring during any consecutive thirty (30) day period, and such Outages do not result from any one or more of the occurrences set forth in Section 1.3, above. If a Service experiences Chronic Trouble, Customer may (i) obtain credit  allowances for the Service Outages as set forth in Section 1.5 above, (ii) discontinue the affected Service(s) without any further liability to VIP (except to pay for Service up to the date of  termination less all applicable credits) or (iii) terminate this Agreement without further liability to VIP (except to pay for all  Services up to the date of termination less all applicable credits ) upon furnishing written notice to VIP.  
(c) Unprotected Service. An Unprotected Service is considered to have Chronic Trouble if it experiences three (3) or more related Service Outages of more than twelve (12) hours each or for more than forth two (42) cumulative hours during any monthly billing period, and the Service Outages did not result from any one or more of the occurrences set forth in Section 1.3 above.

 

1.7 Billing Terms and Conditions

(a) Invoices.  Customers invoices will be sent out on the first of every month for service already delivered in the previous month.  All invoices will be due by the 20th of the month.  If not paid, they will begin to accrue late fees at a rate of 5% per annum.  If payment is not received by the 25th, the customers account will be disconnected.  In order to reconnect, there will be a $100 reconnection fee in addition to the late fee already imposed.

 

1.7 E911 Coverage

VIP VOIP Systems depends upon 911 carriers to properly route calls to the appropriate PSAP.  VIP only provides transport services to its 911 carriers network infrastructure.  VIP makes no representatiosn regarding its carriers service and its functionality or reliability.