Enhanced Communications of Northern New England Inc. d/b/a FairPoint Long Distance and FairPoint Internet ("FairPoint") is committed to providing a reliable, high-quality network to support its Dedicated Internet Access services (individually the "DIA Service" or collectively the "Services"). The key component of the FairPoint DIA Service Level Agreement is Service Availability. If an Eligible Business Customer (as defined below, also referred to herein as a "Customer") experiences a failure of this Service parameter, FairPoint will provide Customer with a credit as described herein.
"FairPoint Network" refers to our telecommunications network from the Customer's site to the Internet. Specifically it covers the "telco" point of demarcation at the Customer's site, local transport circuits purchased directly through FairPoint and the Dedicated Internet Access service from FairPoint up to the peering points with the networks of Global Service Providers. The FairPoint Network does not include equipment located at Customer's premises whether or not provided by FairPoint, any networks, network equipment or telephone circuits not owned or controlled by FairPoint.
"Eligible Business Customer" means any Customer who has purchased Dedicated Internet Access services from FairPoint, excluding any Customer (i) whose connection terminates at a FairPoint POP which is inactive, (ii) who is blocking, or who during the period in question, has blocked FairPoint from sending ICMP traffic to their customer-premises router (SNMP would be appropriate should the customer need to block ICMP for security reasons), (iii) who does not provide, or who during the period in question, has not provided the necessary access to personnel and facilities at the customer premises to enable FairPoint to perform comprehensive service troubleshooting, (iv) whose contract term is not at least one year in length or (v) whose account is, or during the period in question, was not in good financial standing with FairPoint.
"FairPoint -Provided Local Transport Circuit" means any leased circuit connecting a Customer's router to a FairPoint POP that was ordered and is managed by FairPoint.Local Transport Circuits not ordered and managed by FairPoint are not covered under this Service Level Guarantee.
"Telco Fees" means the monthly fee for any FairPoint-Provided Local Transport Circuit purchased through FairPoint.
"Service Availability" is defined as the ability of a Customer to exchange IP packets with the FairPoint Network via the Customer's router port. Service Availability is measured by sending 1 ICMP ping every 5 minutes to the Customer router. The response of the Customer router to the ping confirms that the connection is still in place and the service is still available. Some Customers may elect to have FairPoint monitor their router via SNMP instead of ICMP.
Service Availability Guarantee: FairPoint guarantees 99.9% Service Availability to its Eligible Business Customers. In the event that a Customer site experiences unavailability of Service as a result of a failure of any component of the FairPoint Network, failure of a FairPoint-Provided Local Transport Circuit, FairPoint will issue a credit based on the length of the outage. Service interruptions that are ineligible for availability guarantee compensation include: (i) those caused by FairPoint-planned network maintenance activities, (ii) maintenance at the Customer premises, (iii) failure of customer-premises hardware, regardless of whether said hardware was obtained from FairPoint or a source other than FairPoint, (iii) failure of customer-managed local access circuits, (v) a Customer's action and (vi) Force Majeure events.
Service Availability Credits: Service Availability credits for the affected Customer site-/service are determined in accordance with the following guidelines:
One day's credit is based on 1/30th of the monthly service charge and Telco Fees.
Chronic Outage. Should Customer's FairPoint DIA service experience an outage, other than as excepted in the Service Availability Guarantee stated above, on three or more separate occasions of more than 12 hours during the Initial Term Commitment or of more than 15 hours on one occasion during any single standard billing period, Customer may terminate the subject DIA Service prior to the end of the Service Term without incurring termination liability.
Customer must notify FairPoint of any election to terminate pursuant to this Service Level Guarantee in writing within thirty days of any outage giving rise to a right of such election. Customer may only terminate DIA Service that experiences an outage as described above.
This Service Level Guarantee sets forth Customer's sole remedy for chronic outages or any outages of FairPoint DIA Service.
Service availability claims must be submitted to FairPoint within one week of the event's occurrence.
The claim must be filed by Customer's Administration Contact and the claim must include the following information:
Customer must submit the required information above by e-mail with "DIA SLA Credit Claim" in the subject line to:firstname.lastname@example.org. FairPoint will acknowledge all claims within two business days and will review all claims within five business days of receipt. Customer will be informed by email whether the appropriate service credit claim will be granted or rejected. If rejected, the notification will specify the basis for rejection.
Approved Service Level Agreement credits will be applied to the Customer's billing during the billing cycle following the claim's approval.
FairPoint reserves the right to change, amend or revise this policy at any time.