Updated: February 26, 2019
This Service Level Agreement ("SLA") for Internet Connectivity Services sets forth the applicable service levels (“Service Levels”) for the HAN Internet Access Service and Colocation Bandwidth Service (collectively the “Internet Connectivity Service” or “Service”) provided to Customer within a CenturyLink Facility. This SLA is subject to and incorporated into the Agreement, including the Service Schedule - Managed Hosting Service between the parties and any terms not defined in this SLA shall have the meaning set forth therein. This SLA is intended to be used in conjunction with the CenturyLink Colocation Services SLA.
The Services are provided with the following categories of Service Levels:
In the event of a Service Level Failure (hereinafter defined), Customer may be entitled to receive the applicable service credit set forth herein ("Service Credits").
The Internet Connectivity Service is provided with the Availability Service Level set forth below.
If the Internet Connectivity Service is subject to a Network Outage, an Internet Connectivity Availability Service Level Failure shall 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 Internet Connectivity Service is provided with the Internet Connectivity Latency Service Levels measured within the CenturyLink Core Network as set forth below. Failure to meet Latency Service Levels is not considered a Network Outage.
Global Average Monthly Internet Connectivity Latency Service Level (Metrics are calculated: Roundtrip in milliseconds (ms))
Average Monthly Transatlantic Internet Connectivity Latency Service Level (Metrics are calculated: Roundtrip in milliseconds (ms))
|N.Y. — London||95 ms|
|D.C. — Frankfurt||100 ms|
If the actual monthly average Latency exceeds the applicable maximum Latency Service Levels, set forth in the Internet Connectivity Latency Service Level tables above in a given calendar month, an Internet Connectivity Latency Service Level Failure shall be deemed to occur and Customer is entitled to a Service Credit equal to 2.5% of the MRC for the Affected Service of the Internet Connectivity Service.
The Internet Connectivity 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: 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 Internet Connectivity Service.
Service Credits are based on cumulative CenturyLink Network Outages only over a calendar month.
Example 1: Customer has ten (10) racks connected to the internet via either a) an alternative carrier serving the CenturyLink Data Center or b) through CenturyLink via a primary Network connection only (there is no redundant Network connection). If two racks incur a power outage Power Outage, no Service Credit under this SLA shall apply since the Network Services are not considered an “Affected Service”.
Example 2: Customer has ten (10) racks connected to the internet via CenturyLink multiline access circuits (primary and redundant Internet Connectivity Service). If two (2) racks incur a Power Outage, the Service Credit is calculated as a percentage applied to the MRCs for the Affected Services, which would be, for the purposes of this SLA, twenty percent (20%) of the MRCs for Internet Connectivity Service (i.e., the Internet Connectivity Service MRCs apportioned to two (2) of ten (10) racks).
Example 3: Customer has ten (10) racks each with a primary and redundant power circuit. The racks are connected to the internet via Internet Connectivity Service using both primary and redundant access circuits. If both the primary and redundant access circuits incur a Network Outage, the Service Credit is calculated against the MRCs for the Affected Services, which would be one-hundred percent (100%) of the Internet Connectivity Service MRCs.
Current scheduled maintenance windows are described in the CenturyLink Customer Guide and Handbook (“Scheduled Maintenance”). CenturyLink has the right to perform Scheduled Maintenance or Emergency Maintenance, which may limit or suspend the Availability of the Services. The suspension of the Availability of any of the Services during Scheduled or Emergency Maintenance shall not be deemed a Service Level Failure (e.g., Network Outage, Power Outage, Temperature Service Level Failure, or Humidity Service Level Failure) and Customer shall not be entitled to any Service Credit. CenturyLink shall provide Customer with at least ten (10) days prior written notice of any Scheduled Maintenance activities via the SavvisStation customer portal. Emergency Maintenance may not be posted because of its immediate nature.
Customer shall be entitled to defer any Scheduled Maintenance on CenturyLink Services that only affects Customer; provided, however, Customer shall 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 conduct Scheduled Maintenance as originally scheduled and as measured from such date that the Scheduled Maintenance would have ordinarily occurred. The parties shall work together in good faith to determine a new mutually agreed upon Scheduled Maintenance date and time. Customer shall not be entitled to defer Emergency Maintenance.
Customer must request any Service Credit due hereunder by submitting an e-mail to email@example.com 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 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 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 and events, 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 shall 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 shall 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 or systems not owned or controlled by CenturyLink; (c) Force Majeure events; (d) Scheduled or Emergency Maintenance; (e) any suspension of Service pursuant to the Agreement; (f) 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 power source connection and a primary and redundant CenturyLink Internet Connectivity Service connection, only a Network Outage is the Affected Services for purposes of this SLA. Any power outage or availability is subject to a separate 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 Internet Connectivity 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 CenturyLink Data Center building, or location in which the Customer Area is located.
“Intra-Metro” means point-to-point connectivity over CenturyLink-owned, metropolitan Ethernet facilities within the same metropolitan area.
“Latency” means the monthly average time it takes for a 64 byte IP test packet (except where a 1500 byte test packet is noted) to travel round trip across the relevant portion of the CenturyLink Network, calculated as: Monthly Core Latency = Sum of daily average Latency calculations for a given month / Total number of days in month
“Network Outage” means any period of at least one minute during which the CenturyLink Internet Connectivity Service is unable to transmit or receive data for reasons other than any Excluded Event. A Network Outage begins when Customer reports such Service failure or CenturyLink is otherwise aware of such 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
"Regions" mean the areas described and abbreviated below:
“CenturyLink Core Network” means the CenturyLink owned and operated IP backbone infrastructure (AS3561) between the routers, switches, and cabling located in CenturyLink Points of Presence and Data Centers. For the avoidance of doubt, the CenturyLink Core Network does not include, among other things, access facilities, backhaul facilities or Customer Equipment.
“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.