Enhanced Communications of Northern New England Inc. (“FairPoint”) is committed to providing a reliable, high-quality network to support its Carrier Ethernet Service (“Service”). The key component of the Service is Service Availability. If an Eligible Customer (as defined below, also referred to herein as a “Customer”) experiences a failure of this Service parameter, FairPoint will provide Customer with an SLA Credit as described herein.
"FairPoint Network" refers to our Service network from the Customer’s site to the FairPoint network provider edge. The FairPoint Network includes the FairPoint side from the point of demarcation at the Customer’s site or premises (as specified in the corresponding Schedule), FairPoint Provided Local Access Circuits purchased directly through FairPoint, FairPoint customer premises equipment and networks and network equipment and Ethernet circuits owned or controlled by FairPoint. The FairPoint Network does not include the FairPoint service network at locations utilizing underlying network service providers or services utilizing network service providers outside of the operating territory of the FairPoint affiliate local exchange company (each referred to hereinafter as “Type II arrangements”).
"Eligible Business Customer" means any Customer who has purchased Service from FairPoint, excluding any Customer (i) whose connection terminates at a Customer edge router which is inactive, (ii) who is blocking, or who during the period in question, has blocked FairPoint from sending Internet control message protocol (“ICMP”) and simple network management protocol (“SNMP”) traffic to their Customer-premises router, (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 current contract term is not at least one (1) year in length (v) whose account is, or during the period in question, was not in good financial standing with FairPoint, or (iv) whose Service is provided using Type II arrangements.
"FairPoint -Provided Local Transport Circuit" means any leased circuit connecting a Customer's router to a FairPoint edge network that was ordered and is managed by FairPoint.
"Outage" means a time period during which the demarcation point UNI port (Ethernet hand-off) is unable to send or receive ICMP traffic.
"Service Availability" is determined by metrics associated with the availability of the network elements under FairPoint’s control.
"SLA Credits" are defined as the credits to be provided to Customer by FairPoint for an outage under this Service Level Agreement.
Service Availability Agreement: The FairPoint Network will support up to 99.9% availability for a FairPoint provided local access circuit.
Committed Information Rate “CIR”: FairPoint provides 100% Committed Information Rates (CIR) on its Service. Each Service will be configured and provisioned to operate to the full CIR specified for the product. The FairPoint Next Generation Network is engineered to ensure that even during peak network load, the Service will be capable of transmitting or receiving network traffic (IP packets including data and packet overhead) within a 10% maximum variance of the CIR as averaged over a calendar month. Committed Information Rate does not apply to performance outside of the FairPoint Network. If the subscribed bandwidth throughput is not met, FairPoint will have 5 days to restore the throughput to specification. If FairPoint is unable to restore bandwidth throughput to the subscribed level, the Customer may elect 1) to terminate the service without early termination fees or other penalty by providing FairPoint with written notice of its desire to terminate, or 2) to downgrade without penalty to the service bandwidth rate that is being received.
Service interruptions caused by FairPoint’s planned network maintenance activities, maintenance at the Customer premises, failure or misconfiguration of Customer premises hardware, equipment or software, failures of Customer-managed or Independent Telephone Company-managed local access circuits , breach of the Service Agreement, and Force Majeure events will be ineligible for SLA Credits hereunder and shall not be included in the definition of “Outage”.
In order to be eligible for SLA Credits, Customer must report an Outage by opening a trouble ticket with FairPoint. The length of an outage is calculated based on outage information contained in trouble tickets (close date/time minus open date/time less any stop clock time).
SLA Credits: Customer is eligible for SLA Credit if FairPoint fails to meet its Service Availability goal. The credit the Customer is entitled to is determined by multiplying the applicable percentage shown in the below table by the monthly recurring charge (“MRC”) for the particular affected/non-performing Service.
|Per Service Outage||Percentage Credit|
|Less than 43 minutes||No Credit|
|43 minutes up to 4 hours||10% of the MRC|
|4 hours up to 8 hours||25% of the MRC|
|8 hours up to 12 hours||40% of the MRC|
|Greater than 12 hours||50% of the MRC|
A maximum SLA Credit of fifty percent (50%) of the monthly recurring charges for port and FairPoint Provided Local Access Circuits may be provided during any single month for non-redundant access circuit configurations and one hundred percent for redundant access circuit configurations.
Chronic Outage. Should Customer’s Service experience an outage on three (3) or more separate occasions totaling more than twelve (12) hours or of more than fifteen (15) hours on one (1) occasion during any single standard billing period (a “chronic outage”), Customer may terminate the subject Services prior to the end of the Service Term without incurring early termination charges.
Customer must notify FairPoint of any election to terminate pursuant to this SLA in writing within thirty (30) days of any chronic outage giving rise to a right of such election. Customer may only terminate Service that experiences a chronic outage as described above.
This SLA sets forth Customer’s sole and exclusive remedy for chronic outages or any outages of Service.
Filing Period: Claims for SLA Credits must be submitted to FairPoint within one (1) week of the outages occurrence.
The claim for SLA Credit must include the following information:
Customer must submit the required information above in writing to firstname.lastname@example.org. FairPoint will acknowledge all claims within two (2) business days and will review all claims within five (5) business days of receipt. Customer will be informed by email or telephone whether the claim for SLA Credit will be granted or rejected. If rejected, the notification will specify the basis for rejection.
Approved SLA Credits will be applied to the Customer’s billing during the billing cycle following the approval of the claim for SLA Credits.
FairPoint reserves the right to change, amend or revise this policy at any time.