VLink SLA
  1. Application of VLink SLA

    These VLink Service Level Agreements (SLAs) provide Customers in North America with certain rights and remedies regarding the performance of their individual VLinks (as defined below). If the customer has more than one VLink, these SLAs are applied to each link individually.

  2. Definitions

    For purposes of these VLink SLAs, the following terms have the meanings set forth below:

    • "NTT America Backbone" means NTT America owned and operated Internet Protocol (IP) routing infrastructure consisting solely of selected NTT America points of presence at which NTT America has installed measurement devices ("Selected POPs") (i) within the United States and the connections between them in the forty-eight continental United States (the "North American Network"), (ii) within Europe and the United States and the Trans-Atlantic connections between such Selected POPs (the "Trans-Atlantic Network") and (iii) within Asia and the United States and the Trans-Pacific connections between such Selected POPs (the "Trans-Pacific Network").
    • "VLink" means a pair of Select POPs, and the NTT America Backbone routing infrastructure between them, to which the customer has a connection at each end for the purpose of receiving the VLink service.
    • "Network Outage" means an instance in which no traffic can pass through Customer's Vlink for more than 15 consecutive minutes, as measured by NTT America.
    • "Latency" means the average time required for round-trip packet transfers over Customer's VLink during a calendar month, as measured by NTT America.
    • "Packet Loss" means the average percentage of IP packets transmitted over Customer's VLink during a calendar month that are not successfully delivered, as measured by NTT America.
    • "Average Jitter" means the average variation in delay for packet transfers over Customer's VLink during a calendar month, as measured by NTT America.
    • "Maximum Jitter" means the maximum variation in delay for packet transfers over Customer's VLink, as measured by NTT America.
    • "Base Fee" consists solely of the base monthly fee paid by Customer for the affected NTT America service and excludes all other fees which might be charged to Customer, including, by way of example and not limitation, set-up fees, fees for local loop, or charges for additional services such as managed services.
  3. Summary of NTT America Backbone SLAs

    As described in more detail below, these NTT America Backbone SLAs provide commitments based upon goals in four key areas:

    • Customer's VLink will be available to Customer free of Network Outages 100% of the time.
    • Latency guarantees over the Customer's VLink will be based on the geography of the two VLink end points as outlined in the "VLink Latency" section below.
    • Packet Loss over Customer's VLink of 0.1% or less.
    • Average Jitter over Customer's VLink of 250 microseconds or less; and Maximum Jitter not to exceed 10 milliseconds more than 0.1% of the time.
  4. NTT America Backbone Availability

    NTT America's goal is to make the Customer's VLink free of Network Outages 100% of the time. Subject to Sections 9 and 10 below, upon Customer's request, NTT America will issue a credit to Customer for Network Outages on the Customer's VLink in an amount equal to one day's worth of the Base Fee paid by Customer, multiplied by each hour (or portion thereof rounded to the next hour) of the cumulative duration of such Network Outage.

  5. NTT America Backbone Latency

    NTT America's goal is to keep round trip Latency on VLinks below (i) 5 milliseconds or less for metropolitan VLinks, (ii) 60 milliseconds or less for intermediate VLinks and (iii) 100 milliseconds or less for long VLinks as depicted in the table below.

      ASB ATL CHC DFW LAX MIA MIL NYC PAO SJC SEA DCA
    Ashburn - 60 60 60 100 60 100 60 100 100 100 5
    Atlanta   - 100 60 100 60 100 60 100 100 100 60
    Chicago   - 60 100 100 60 60 60 100 100 60
    Dallas   - 60 60 60 60 60 60 100 60
    Los Angeles   - 100 60 100 60 60 60 100
    Miami   - 100 60 100 100 130 60
    Milpitas   - 100 5 5 60 100
    New York   - 100 100 100 60
    Palo Alto   - 5 60 100
    San Jose   - 60 100
    Seattle   - 100
    Sterling   -

    Subject to Sections 9 and 10 below, if Latency on Customer's VLink for a calendar month exceeds the time frame set forth above, NTT America will issue a credit to Customer equal to one day's worth of the Base Fee paid by Customer for that specific VLink for such month.

    The terms of this VLink SLA related to Latency will take effect the first full calendar month after Customer's first use of the VLink service.

  6. NTT America Backbone Packet Loss

    NTT America's goal is to keep Packet Loss on VLinks to 0.1% or less. If Packet Loss on Customer's VLink exceeds 0.1% during a calendar month, NTT America will issue a credit to Customer equal to one day's worth of the Base Fee paid by Customer for that specific VLink for such month.

    The terms of this VLink SLA relating to Packet Loss will take effect the first full calendar month after Customer's first use of the VLink service.

  7. NTT America Average and Maximum Jitter

    NTT America's goal is to keep Average Jitter on VLinks to 250 microseconds or less; and for Maximum Jitter not to exceed 10 milliseconds more than 0.1% of a calendar month. Subject to Sections 9 and 10 below, if Average Jitter on Customer's VLink exceeds 250 microseconds; or if Maximum Jitter exceeds 10 milliseconds more than 0.1% of a calendar month, NTT America will issue a credit to Customer equal to one day's worth of the Base Fee paid by Customer for that specific VLink for such month.

    The terms of this VLink SLA relating to Jitter will take effect the first full calendar month after Customer's first use of the VLink service.

  8. Measurement

    NTT America will periodically (on average every 5 minutes) measure the VLinks using software and hardware components capable of measuring traffic and responses at such Selected POPs which act as VLink end points. Customer acknowledges that not every POP may be covered by such measurements, and that such measurements may not measure the exact path traversed by Customer's packets. NTT America reserves the right to periodically change the measurement points and methodologies it uses without notice to Customer. For reports of performance of the NTT America Backbone, please contact a NTT America VLink sales representative.

  9. Exceptions

    Customer shall not receive any credits under these VLink SLAs in connection with any failure or deficiency of the NTT America Backbone caused by or associated with:

    1. circumstances beyond NTT America's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the VLink SLAs;
    2. failure of access circuits to the NTT America Backbone, unless such failure is caused solely by NTT America;
    3. scheduled maintenance and emergency maintenance and upgrades;
    4. DNS issues outside the direct control of NTT America;
    5. false SLA breaches reported as a result of outages or errors of any NTT America measurement system;
    6. Customer's acts or omissions (or act or omissions of others engaged or authorized by Customer), including without limitation, any negligence, willful misconduct, or use of the NTT America Backbone or VLink service in breach of NTT America's Terms and Conditions of Service or NTT America's Acceptable Use Policy.
  10. Credit Request and Payment Procedures

    In order to receive a credit under these SLAs, Customer must make a request by accessing and following the credit request procedures set forth at the SLA Credit Request Form. Each request in connection with a Network Outage must be received by NTT America within seven days of the Network Outage and must be confirmed by NTT America's measurements of Customer's VLink. NTT America must receive each request in connection with Latency, Packet Loss, Average Jitter or Maximum Jitter in a calendar month within seven days after the end of such month.

    Each valid credit will be applied to an invoice of Customer within two billing cycles after NTT America receipt of Customer's request. Credits are exclusive of any applicable taxes charged to Customer or collected by NTT America.

    Notwithstanding anything in these VLink SLAs to the contrary, the total amount credited to a Customer in connection with Network Outages, Latency, Jitter and Packet Loss in any calendar month will not exceed the Base Fee paid by Customer for such month.