Service Level Agreement

This Service Level Agreement (“SLA”) contains terms and conditions that apply to the Services provided by Pureport. The terms contained herein are in addition to, and not in lieu of, the terms in the Pureport Master Service Agreement (“MSA”) and Order. In the event of a conflict between the terms of this SLA and an Order, the terms of the SLA shall control. This SLA applies to the Services described in Section 1.2.

Service Level Warranty.

1.1. SERVICE CREDIT

Pureport will provide Service Availability of 100% for the Pureport network. If Service Availability falls below this level, the customer will be able to claim a Service Credit in accordance with this SLA. The amount and method of calculation of Service Credit(s) is described in clause 1.5.
1.2. SERVICES
For purposes of this SLA, “Service(s)” means the individual services offered by Pureport as part of its product offering as described on the Site for which Customer has placed an Order for and purchased from Pureport. Note, the Cloud – 50Mbps Non-HA Private connection does not have an SLA

1.3. DEFINITIONS

Capitalized terms used in this SLA and not defined have the meanings ascribed in the MSA
“Service Availability” means the ability of Customer to transmit and receive Customer Content via the Pureport network.

“Downtime” means the amount of time the Service was not available in a 24 hour period, subject to clause 1.6.

“Monthly Uptime Percentage” is calculated by subtracting from 720 hours the hours during the month in which any of the Services, as applicable, was in the state of “Service Unavailable.” Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly from (i) any Customer Planned Outage, (ii) outage caused by the Downtime Exclusions (defined below); or (iii) any other outage which does not constitute Downtime.

“Customer Planned Outage” is an outage specified by Customer that is to be excluded from any calculation of Monthly Uptime Percentage. This applies to any time Customer requests Service access suspended from their environment.

1.4

Pureport will maintain measurement tools for the determination of compliance with the above-mentioned Service Availability (“Tools”), and while Customer may also maintain such, Pureport’s measurements, except in the case of manifest error, shall be the singular basis for determining compliance or non-compliance with the Service Availability set forth herein.

1.5

Service Credits are the sole and exclusive remedy for any claims related to Service Availability under the Agreement. Service Credit(s) will only be calculated against the monthly recurring fee associated with the applicable Service for that month. The Service Credits awarded in any billing month shall not, under any circumstance, exceed 30% of Customer’s monthly Service fees. For validated claims for Downtime, a Service Credit Percentage will be applied to the affected service as follows:

Monthly Uptime Percentage

LESS THAN 100% BUT EQUAL TO OR GREATER THAN 99.0%
LESS THAN 99.0%

Service Credit Percentage

10%
30%

If the affected service is billed less than 30 days, the affected service will be credited based on a total availability of 720 hours:

Percentage of Service Unavailable
=

Downtime (in hours)


720 hours

 

1.6

A Service Credit shall not be issued, and this SLA shall not apply, if (i) Customer has not paid any undisputed amounts due under the MSA (Customer agreeing not to unreasonably dispute any amounts due); or (ii) a claim for Service Credit is caused in whole or in part by any of the following (“Downtime Exclusions”):

  1. Hardware, software or services not provided by Pureport;
  2. Actions or inactions of Customer or third parties;
  3. Customer’s use of a Service after having been advised to modify or cease its use of a Service, if Customer did not comply as advised;
  4. Customer’s failure to open a support ticket to report any specific Service performance issue;
  5. During beta and trial Service or any unpaid use of Service by Customer;
  6. Acts or omissions of Customer or Customer’s employees, agents, contractors, or vendors, or anyone gaining access to Pureport’s Service by means of
  7. Customer’s authorized users’ accounts or equipment; or
  8. Factors outside of Pureport’s reasonable control.
1.7

Downtime is measured in one (1) hour intervals, during which Pureport did not serve Customer’s Traffic via the Pureport network. Downtime less than an hour will round up to one (1) hour.

1.8

Customer must submit a claim for the Service Credit no later than thirty (30) calendar days after the last day of the month in which the outage time occurred. Each claim must include: (1) Customer name; (2) Customer contact name and contact information; (3) date and beginning/end time of outage or SLA item; (4) a report from a measurement tool stating the basis for the SLA claim; and (5) the Pureport support ticket number opened in relation to the performance issue and brief description of the characteristics of the SLA item. Required information must be submitted via email to billing@pureport.com. Approved credits will be applied to Customer’s account within sixty (60) days of Customer’s credit request submission and cannot be redeemed for cash.

1.9

Scheduled or emergency maintenance (including temporary suspension of a Service) to maintain or modify the network or the Services shall not be counted as outage time. Pureport reserves the right to modify its network, system configuration or routing configurations at any time without prior notice to Customer. Pureport may, at its sole discretion and without liability, change or modify the features and functionalities of a Service or modify or replace any hardware or software in the Network or in equipment used to deliver any Service over the Network, provided that there is no material adverse effect on the ordered Service.

For general support issues, please submit a ticket for Pureport’s Support team by written electronic request via email to support@pureport.com or via the Pureport Console. To report critical support issues, Customer should call Pureport during business hours (8am to 8pm ET) at (919)-261-6360 immediately after the service performance issue arises.