Updated: September 1, 2020
This Service Level Agreement ("SLA") sets forth the applicable service levels (“Service Levels”) for the HAN Internet Access Service provided to Customer within a CenturyLink Facility. This SLA is subject to and incorporated into the Agreement, the applicable Service Schedule or Service Exhibit including the Managed Hosting Services terms and conditions between the parties and any terms not defined in this SLA will have the meaning set forth in the Agreement or Service Attachments.
The Services are provided with the following categories of Service Levels:
In the event of a Service Level Failure (defined below), Customer may be entitled to receive the applicable service credit set forth in this SLA ("Service Credits").
The HAN Internet Access Service is provided with the Availability Service Level set forth below.
If the HAN Internet Access Service is subject to a Network Outage, a HAN Internet Access Service Level Failure will be deemed to occur and Customer is entitled to a Service Credit set forth in the table below. Service Credits for Network Outages are based on cumulative Network Outages over a calendar month.
|Cumulative Duration of Network Outages within a Calendar Month||Service Credits for Network Outages based on a Percentage of MRC
for the Affected Service of the Internet Connectivity Service
|≥ 5 minutes and < 60 minutes||5%|
|≥ 60 minutes and < 3 hours< 99%||15%|
|≥ 3 hours and < 6 hours||35%|
|≥ 6 hours||50%|
The HAN Internet Access Service is provided with the Packet Delivery Service Level set forth below. Failure to meet a Packet Delivery Service Level is not considered a Network Outage.
Packet Delivery Service Level: 99.5%
If the actual monthly Packet Delivery is less than the Packet Delivery Service Level set forth above, a Packet Delivery Service Level Failure shall be deemed to occur and Customer is entitled to a Service Credit in the amount of 2.5% of the MRC for the Affected Service of the HAN Internet Access Service.
CenturyLink has the right to perform Scheduled Maintenance or Emergency Maintenance, which may limit or suspend the Availability of the Services. The suspension of Availability of any of the Services during Scheduled or Emergency Maintenance will not be deemed a Service Level Failure and Customer will not be entitled to any Service Credit.
Customer will not be entitled to any Service Credits as set forth above to the extent that CenturyLink’s failure to satisfy any of its obligations under this SLA Attachment is due to CenturyLink’s inability to or failure to permit CenturyLink to conduct Scheduled Maintenance as originally scheduled and as measured from the date the Scheduled Maintenance would have ordinarily occurred.
Customer must request any Service Credit due hereunder by submitting an e-mail to firstname.lastname@example.org within sixty (60) calendar days of the conclusion of the month in which the Service Level Failure(s) occurs. Customer waives any right to Service Credits not requested within this sixty (60) calendar day period. Service Credits will be issued once validated by CenturyLink and applied toward the invoice which Customer receives no later than two (2) months following Customer’s Service Credit request. All performance calculations and applicable Service Credits are based on CenturyLink records and data unless Customer can provide CenturyLink with clear and convincing evidence to the contrary within such sixty (60) calendar day period.
Customer will not be eligible to accrue any otherwise applicable Service Credits if Customer is in breach or default under any provisions of the Agreement or Service Attachment at the time the Service Level Failure occurred and will not be entitled to any otherwise available Service Credit if Customer is in breach or default under any provisions of the Agreement or Service Attachment at the time such Service Credit is requested by Customer until such breach is cured.
In no event will the total Service Credits accrued in any single month exceed, in the aggregate across all Service Levels, fifty percent (50%) of the invoiced amount for the Affected Service.
This SLA provides Customer's sole and exclusive remedies for any Service interruptions, deficiencies, or failures of any kind. To clarify, such sole and exclusive remedies will not apply to breaches of unrelated obligations under the Agreement such as infringement, confidentiality, etc. Service Levels and Service Credits set forth in this SLA Attachment will not apply with respect to any Excluded Events. "Excluded Event" means any event that adversely impacts the Service that is caused by (a) the acts or omissions of Customer, its employees, customers, contractors or agents; (b) the failure or malfunction of equipment, applications, systems, or connectivity not owned, provided or controlled by CenturyLink; (c) force majeure events; (d) Scheduled or Emergency Maintenance; (e) any suspension of Service pursuant to the Agreement; (f) the inability to access the applicable facility or the unavailability of required Customer personnel, including as a result of failure to provide CenturyLink with accurate, current contact information; (g) any other circumstance specified in the applicable SG; or (h) any applicable power outage or issue with structured cabling or cross-connects.
“Affected Service” means the portion of Services directly impacted by the failure to meet the relevant Service Level described in this SLA Attachment. For avoidance of doubt, if the Customer has a primary and redundant CenturyLink Internet Connectivity Service connection, only a Network Outage is the Affected Services for purposes of this SLA.
“Availability” means the percentage of time during a month in which the CenturyLink Internet Connectivity is not subject to an outage. Availability is calculated as follows:
((Total minutes in a calendar month)
– (Total minutes of outages during a calendar month))
x 100 (Total minutes in a calendar month)
“Customer Area” means the specific portion of a CenturyLink Facility in which the HAN Internet Access is provided to Customer.
“Emergency Maintenance” means unscheduled maintenance to the Services which must be performed on an immediate basis where failure to do so is likely to result in an imminent and/or material Service deficiency.
“Facility” means a Cyxtera data center or other available third-party data center location for which Customer has separately contracted for colocation services and where the Customer Area is located or in the CenturyLink Managed Hosting environment associated with Customer’s Managed Hosting Services.
“Network Outage” means any period of at least one minute during which the CenturyLink HAN Internet Access Service is unable to transmit or receive data for reasons other than any Excluded Event. A Network Outage begins when Customer reports a Service failure or CenturyLink is otherwise aware of a failure and ends at the restoration of the Affected Service. All Network Outage measurements will be rounded to the nearest one minute increment.
“Packet Delivery” means the monthly average percentage of packets that are successfully delivered over the relevant portion of the CenturyLink Internet Connectivity Service, expressed as a percentage to two (2) decimal places, calculated as:
Packet Loss =
Total number of packets successfully delivered in a given month
x 100 Total number of packets scheduled to be delivered in a given month
"Service Credit"means an amount deducted from fees billed to Customer in the event of a Service Level Failure.
“Service Level Failure” means CenturyLink’s performance for a particular Service fails to meet the applicable Service Level set forth in this SLA.