These VLink Service Level Agreements (SLAs) provide 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.
For purposes of these VLink SLAs, the following terms have the meanings set forth below:
As described in more detail below, these Global IP Network Backbone SLAs provide commitments based upon goals in four key areas:
Global IP Network'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, the Global IP Network 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.
Global IP Network'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.
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 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.
Global IP Network'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 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.
Global IP Network'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, Global IP Network 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.
Global IP Network will periodically (on average every 5 minutes) measure the VLinks using software and hardware components capable of measuring traffic and responses at such POPs that act as VLink SLA Measurement POPs. Customer acknowledges that not every POP may be directly measured, and that such measurements may not measure the exact path traversed by Customer's packets. Global IP Network reserves the right to periodically change the SLA Measurement POPs and methodologies it uses without notice to Customer.
Customer shall not receive any credits under these VLink SLAs in connection with any failure or deficiency of the Global IP Network Backbone caused by or associated with:
In order to receive a credit under these SLAs, Customer must make a request by accessing and following the credit request procedures as informed by our sales or billing representatives. Each request in connection with a Network Outage must be received by the Global IP Network within thirty (30) days of the Network Outage and must be confirmed by Global IP Network measurements of Customer's VLink. The Global IP Network must receive each request in connection with Latency, Packet Loss, Average Jitter or Maximum Jitter in a calendar month within thirty (30) days after the end of such month.
Each valid credit will be applied to an invoice of Customer within two billing cycles after the Global IP Network's receipt of Customer's request. Credits are exclusive of any applicable taxes charged to Customer or collected by NTT.
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.