Speakeasy Service Level Agreements (SLA)
Broadband Connectivity | Business Voice | Colocation, Managed & API Services
Service Level Agreement - Speakeasy Broadband Connectivity & Services
Speakeasy Broadband Services, LLC. (Speakeasy) is committed to providing a reliable, high-quality network to support Customers using Speakeasy's Broadband Connectivity & Services. This SLA outlines the minimum service a Customer may expect from Speakeasy for the contracted service.
The following SLA represents Speakeasy's sole responsibility and the Customer's sole remedy related to Speakeasy Broadband Connectivity & Services regarding the SLA and any Service Availability Guarantee.
DEFINITIONS:
Customer shall mean a Speakeasy customer who has executed a binding agreement for Speakeasy's Broadband Connectivity & Services, excluding any Customer whose account is, or during the period in question, was not in good financial standing with Speakeasy, or is in violation of the terms and conditions or Speakeasy's acceptable use policy outlined herein and in the Speakeasy Master Service Agreement.
THIRTY DAY SATISFACTION GUARANTEE
If Customer is for any reason dissatisfied with any Speakeasy provided Broadband Connectivity Service of 10 Mbps or less, Customer may, during the Thirty Day Service Guarantee period, terminate the Broadband Connectivity Services purchased without liability for further term commitments.
In the event that Customer terminates the Broadband Connectivity Services as allowed herein, Customer will remain responsible for all fees and charges for any Site Survey, Installation, Equipment and services used.
The Thirty Day Service Guarantee period shall start upon installation of the Broadband Connectivity Services and end thirty (30) days thereafter.
CHRONIC OUTAGE TERM WAIVER
In the event that during any thirty (30) day period of service, Customer is eligible for credit for four (4) or more individual issues under this Service Level Agreement for the Broadband Connectivity Service, such being a Chronic Outage ("Chronic Outage"), customer may terminate the effected Broadband Connectivity Services without liability for further term commitments. In the event that Customer terminates Broadband Connectivity Services as allowed by this provision, Customer will remain responsible for all fees and charges for any Site Survey, Installation, Equipment and services used. Speakeasy must receive written notice of Customer's intent to terminate service as permitted herein within thirty six (36) hours of the completion of the thirty (30) day period in which the qualifying events occurred.
SERVICE GUARANTEE:
DSL
Digital Subscriber Line is a complex technology with known limitations that must be acknowledged, however, Speakeasy will do its best to provide Customer the maximum speed of the line Customer is ultimately delivered.
The availability targets referenced below do not account for scheduled outages on Speakeasy's network or events outside of Speakeasy's control, including, but not limited to, force majeure events or Customer equipment outages.
ADSL
The throughput Customer receives can vary from line to line depending on a variety of factors such as Internal Wiring, line quality, location, Internet traffic, and other variables outside of Speakeasy's control. Due to this, Speakeasy provides ADSL as a best effort service, and cannot guarantee upload or download speeds.
Credits for service outages due to vendor or ILEC issues are issued only after the circuit in question has been out of operation for at least 72 hours. This is measured from the time a vendor Trouble Ticket is created, and indicated by the time stamp on the Trouble Ticket. If Customer is experiencing a service outage, Customer should contact Speakeasy's support team as soon as possible to begin proper troubleshooting.
OneLink ADSL
The service guarantees described below only apply to Business Select and Business Select Plus OneLink packages.
Speakeasy provides an uptime availability target of 99% for OneLink services each calendar month. If Speakeasy fails to meet the availability target for a particular month, Customer may request a credit for 3% of Customer's package's monthly recurring charge for each hour of service outage in excess of the availability target. By definition, a circuit is experiencing an outage if through no fault of Customer, no traffic is exchanged on the line, or Speakeasy is unable to ping Customer's otherwise correctly installed router. Outage hours are rounded to the nearest hour and based on the time a vendor Trouble Ticket is created, indicated by the time stamp on the Trouble Ticket.
Speakeasy's target response time for initializing service restoration following phone notification of a OneLink ADSL service outage is 36 hours. If Speakeasy is unable to meet this target response time, Customer may request a credit for 10% of Customer's package's monthly recurring charge. In no case shall the sum of target response time credits and uptime availability target credits combined with any other credits for which Customer is eligible during a calendar month exceed the total of Customer's package's monthly recurring charge.
SDSL and IDSL
The service guarantees described below do not apply to Residential-class IDSL services.
Speakeasy provides an uptime availability target of 99.9% for SDSL or IDSL services each calendar month. If Speakeasy fails to meet the availability target for a particular month, Customer may request a credit for 3% of Customer's package's monthly recurring charge for each hour of service outage in excess of the availability target. By definition, a circuit is experiencing an outage if no traffic is exchanged on the line, or Speakeasy is unable to ping Customer's router. Outage hours are rounded to the nearest hour and based on the time a vendor Trouble Ticket is created, indicated by the time stamp on the Trouble Ticket.
Speakeasy's target response time for initializing service restoration following phone notification of a SDSL or IDSL service outage is 24 hours. If Speakeasy is unable to meet this target response time, Customer may request a credit for 10% of Customer's package's monthly recurring charge. In no case shall the sum of target response time credits and uptime availability target credits during a calendar month exceed the total of Customer's package's monthly recurring charge.
Speakeasy guarantees 80% throughput on all SDSL and IDSL services. If Customer receives one of these services and it is continuously and chronologically documented through Speakeasy tests and vendor Trouble Tickets as functioning below the guaranteed throughput for 60 days, Customer may disconnect Customer's line without penalty. This is also true if a Speakeasy vendor (CLEC) or Customer's telephone company (ILEC) has deemed Customer's line as unable to reach the guaranteed 80%, and Customer is unable to downgrade to a lower speed within the same technology.
T1
Speakeasy will make every effort to install Customer's T1 circuit within 40 calendar days of Customer's date of order. In the event that we fail to meet this target, Customer is eligible for a credit of 50% of Customer's first monthly recurring charge. To claim this credit, Customer must request it from Customer's account manager within 30 calendar days of Customer's installation date. This guarantee does not apply to pre-installation cancellations due to technical limitations.
Speakeasy provides an uptime availability target of 99.99% for T1 services each calendar month. If Speakeasy fails to meet the availability target for a particular month, Customer may request a credit for 3% of Customer's package's monthly recurring charge for each hour of service outage in excess of the availability target. By definition, a circuit is experiencing an outage if no traffic is exchanged on the line, or Speakeasy is unable to ping Customer's router. Outage hours are rounded to the nearest hour and based on the time a vendor Trouble Ticket is created, indicated by the time stamp on the Trouble Ticket.
Speakeasy's target response time for initializing service restoration following phone notification of a T1 service outage is 4 hours. If Speakeasy is unable to meet this target response time, Customer may request a credit for 10% of Customer's package's monthly recurring charge. In no case shall the sum of target response time credits and uptime availability target credits during a calendar month exceed the total of Customer's package's monthly recurring charge.
Speakeasy guarantees 100% throughput on T1 loops between the customer premise and Central Office (i.e., Customer's router will train to 100% of the purchased speed level). If Customer's circuit is continuously and chronologically documented through Speakeasy tests and vendor Trouble Tickets as functioning below the guaranteed loop speed for 60 consecutive days, Customer may disconnect service without penalty. Speakeasy does not guarantee throughput from the Internet to a personal computer and vice-versa, as actual throughput is highly dependent on external factors such as Internet congestion and protocol overhead.
Speakeasy guarantees a maximum average latency of 60 milliseconds from Customer's router to a test point on the Speakeasy network. Average latency is the hourly average of the latency tests performed on a T1 circuit. Average latency is not measured when a T1 is experiencing a service outage. Should Customer's average latency exceed the guaranteed maximum in a calendar month, Customer is eligible for a credit equal to one day's worth of service.
Packet return is guaranteed at a minimum hourly average of 99.8% from Customer's router to a test point on the Speakeasy network. Packet return is not measured when a T1 is experiencing a service outage. Customer is eligible for a credit equal to one day's worth of service for each hour that Customer's packet return rate is below the minimum. A maximum of 3 days' worth of service shall be credited for packet loss in a calendar month.
Test points for both latency and packet loss guarantees are designated by Speakeasy and may be Customer's gateway router or a server within Customer's Speakeasy Point of Presence. Testing must be done in a period where the only traffic on the T1 circuit is the test traffic. In the case of continuous high latency or packet loss exceeding Speakeasy's service guarantees, Speakeasy reserves the right to recommend the disconnection of Customer's service without penalty.
Business Ethernet
Speakeasy guarantees 100% throughput on Business Ethernet loops between the customer premise and Central Office (i.e., Customer's CPE will train to 100% of the purchased speed level). If Customer's circuit is continuously and chronologically documented through Speakeasy tests and vendor Trouble Tickets as functioning below the guaranteed loop speed for 60 consecutive days, Customer may disconnect service without penalty. Speakeasy does not guarantee throughput from the Internet to a personal computer and vice-versa, as actual throughput is highly dependent on external factors such as Internet congestion and protocol overhead.
Speakeasy provides an uptime availability target of 99.99% for Business Ethernet services each calendar month. If Speakeasy fails to meet the availability target for a particular month, Customer may request a credit for 3% of Customer's package's monthly recurring charge for each hour of service outage in excess of the availability target. By definition, a circuit is experiencing an outage if no traffic is exchanged on the line, or Speakeasy is unable to ping Customer's router. Outage hours are rounded to the nearest hour and based on the time a vendor Trouble Ticket is created, indicated by the time stamp on the Trouble Ticket.
Speakeasy's target response time for initializing service restoration following phone notification of a Business Ethernet service outage is 4 hours. If Speakeasy is unable to meet this target response time, Customer may request a credit for 10% of Customer's package's monthly recurring charge. In no case shall the sum of target response time credits and uptime availability target credits during a calendar month exceed the total of Customer's package's monthly recurring charge.
Speakeasy guarantees a maximum average latency of 60 milliseconds from Customer's router to the nearest gateway on the IP network. Average latency is the hourly average of the latency tests performed on a Business Ethernet circuit. Average latency is not measured when a Business Ethernet is experiencing a service outage. Should Customer's average latency exceed the guaranteed maximum in a calendar month, Customer is eligible for a credit equal to one day's worth of service.
Packet return is guaranteed at a minimum hourly average of 99% from Customer's router to a test point on the Speakeasy network. Packet return is not measured when a Business Ethernet is experiencing a service outage. Customer is eligible for a credit equal to one day's worth of service for each hour that Customer's packet return rate is below the minimum. A maximum of 3 days' worth of service shall be credited for packet loss in a calendar month.
Test points for both latency and packet loss guarantees are designated by Speakeasy and may be Customer's gateway CPE or a server within Customer's Speakeasy Point of Presence. Testing must be done in a period where the only traffic on the Business Ethernet circuit is the test traffic. In the case of continuous high latency or packet loss exceeding Speakeasy's service guarantees, Speakeasy reserves the right to recommend the disconnection of Customer's service without penalty.
All Broadband Services
Speakeasy does not guarantee "ping times" for any product. Ping times are often misunderstood as indicative of throughput or speed of Customer's line. If Customer has any questions or concerns regarding ping times or throughput, Customer should contact Speakeasy Customer Support via MySpeakeasy (login required).
All Speakeasy-provided customer premise equipment is pre-configured for the service ordered. Speakeasy technicians know Customer's equipment, and can make any changes needed after Customer's service is installed. Support for the hardware configuration comes with the service; customer modifications that make the hardware inaccessible remotely to Speakeasy technicians will result in billable configuration/repair by Speakeasy and/or vendor technicians. If Customer provides Customer's own equipment, arrangements must be made during order placement. Speakeasy cannot guarantee Customer's hardware's compatibility with Speakeasy's services or Speakeasy's ability to support it. If a technician visit is required to reconfigure pre-owned or non-Speakeasy provided hardware, an additional charge may be involved. If Customer requires the password to access Customer's router, Speakeasy provides no warranty on the hardware configuration and is no longer responsible for the repair or reconfiguration of the router.
If a vendor technician dispatch is necessary to repair any non-Speakeasy/non-vendor initiated changes to the on-site equipment or wiring that renders that device inoperable or unreachable by Speakeasy remotely, hardware reconfigurations, or hardware repairs not covered under warranty, there will be a Technician Dispatch Fee. Dispatch Time spent on site and/or additional repairs may be billed per vendor discretion. This does not apply to dispatches needed for a repair due to normal service outages unless deemed necessary by Speakeasy's vendors.
Other than as specifically described in these Terms of Service, Speakeasy makes no guarantee or warranty of any kind. Speakeasy does not warrant or guarantee that its service is fit for Customer's particular purpose. Speakeasy does not warrant or guarantee that its service meets any implied warranty of merchantability. Speakeasy does not warrant or guarantee that its service meets any other implied warranty or guarantee and specifically disclaims any other implied warranties or guarantees.
POLICY CHANGE
Speakeasy reserves the right to change, amend, or revise this SLA policy at any time. Changes or revisions to the SLA will be deemed effective upon posting the applicable revision on Speakeasy's website.
Service Level Agreement - Speakeasy Business Voice Services
Speakeasy Broadband Services, LLC. (Speakeasy) is committed to providing a reliable, high-quality network to support Customers using Speakeasy's Business Voice Services. Speakeasy's Business Voice Services include "Integrated Voice", "Hosted Voice" and "Speakeasy Business VoIP Service" (Collectively referred to herein as "Voice Services"). This Service Level Agreement ("SLA") applies only to Speakeasy customers receiving Voice Services with a Speakeasy provided local access circuit (ADSL, SDSL or T1 or greater) and with Speakeasy provided CPE. This SLA outlines the minimum service a Customer may expect from Speakeasy for the contracted service.
The following SLA represents Speakeasy's sole responsibility and the Customer's sole remedy related to Speakeasy Voice Services regarding the Voice Service Application SLA and any Voice Service Availability Guarantee.
DEFINITIONS
Customer
Customer shall mean a Speakeasy customer who has executed a binding agreement for Speakeasy's Voice Services, excluding any Customer whose account is, or during the period in question, was not in good financial standing with Speakeasy, or is in violation of the terms and conditions or Speakeasy's acceptable use policy outlined herein and in the Speakeasy Master Service Agreement.
The terms of this SLA take effect immediately upon the completion of the Customer's service installation. Customer is eligible to receive all credits for Speakeasy not meeting its service commitments for the month, regardless of when the Customer's Voice Services were activated during that month. In the month when a Customer's Voice Services are terminated, the Customer is not eligible to receive credits for Speakeasy not meeting its service commitments for that month.
Service Fee
Basic Phone Extension Fee for a Customer is the base monthly recurring fee paid by the Customer for Voice Services phone extensions. The Basic Phone Extension Fee for a Customer with Speakeasy's Voice Services is the base monthly recurring fee paid for the Voice Services Feature Pack plus the monthly recurring charge for any additional extensions added to the Voice Services Feature Pack. Excluded fees consist of virtual phone extensions, add-on voice features, IP addresses, enhanced routing options, usage-based charges, or burst able bandwidth.
Network Maintenance
Scheduled Network Maintenance refers to normal maintenance scheduled for the upgrade of Speakeasy's data network, voice network, and servers used to deliver Voice Services to the Customer. Scheduled Maintenance may temporarily degrade the quality of service including possible outages. Speakeasy's policy is to notify the Customer three (3) days in advance of the Scheduled Network Maintenance. Such effects related to Scheduled Network Maintenance shall not give rise to service credits outlined in this SLA.
Urgent Network Maintenance refers to Speakeasy's efforts to correct network conditions that are likely to cause service outages or severe network performance degradation impacting multiple customers and requires immediate action. Urgent Maintenance may degrade the quality of service including possible outages. Speakeasy's policy is to notify the Customer with as much advance notice as possible under the circumstance prior to performing the maintenance. Such effects related to Urgent Network Maintenance shall not give rise to service credits outlined in this SLA.
SERVICE LEVEL AGREEMENT
Thirty Day Satisfaction Guarantee
If Customer is for any reason dissatisfied with the Voice Services, Customer may, during the Thirty Day Service Guarantee period, terminate the Voice Services purchased without liability for further term commitments.
In the event that Customer terminates the Voice Services as allowed herein, Customer will remain responsible for all fees and charges for any Site Survey, Installation, Equipment and Services used.
The Thirty Day Service Guarantee period shall start upon installation of the Voice Services and end thirty (30) days thereafter.
Speakeasy must receive written notice of Customer's intent to terminate Voice Services as permitted herein within thirty six (36) hours of the completion of the Thirty Day Service Guarantee period.
Chronic Outage Term Waiver
In the event that during any thirty (30) day period of service, Customer is eligible for credit for four (4) or more individual issues under this Service Level Agreement for the Voice Services, such being a Chronic Outage ("Chronic Outage"), customer may terminate the effected Voice Services without liability for further term commitments. In the event that Customer terminates Voice Services as allowed by this provision, Customer will remain responsible for all fees and charges for any Site Survey, Installation, Equipment and services used. Speakeasy must receive written notice of Customer's intent to terminate service as permitted herein within thirty six (36) hours of the completion of the thirty (30) day period in which the qualifying events occurred.
Availability Guarantee: Speakeasy T1, Bonded T1 or Business Ethernet
When the service is provisioned at a Customer location over a Speakeasy provided T1, Bonded T1 or Business Ethernet connection a credit allowance will be given for interruptions in the voice services application preventing inbound or outbound calling on any or all seats or lines or complete outage of any or all Speakeasy Voice Services at that Customer location in excess of 30 minutes for each seat or line affected. The time attributed toward Voice Service Unavailability begins when the Trouble Ticket reporting the outage is opened by Customer with Speakeasy and ends when the affected service is again operational. Two or more interruptions of 15-minutes or more during any one 24-hour period will be combined into one cumulative interruption.
| Length of Interruption | Credit Per Seat / Line Affected |
| 30 minutes to 1 hour | 1 day |
| 1 hour 1 minute to 24 hours | 3 days |
| 24 hours 1 minute or more | 10 days |
The Voice Service Availability guarantee is subject to the following limitations:
- Voice Services used at locations other than locations using Speakeasy provided T1, Bonded T1 or Business Ethernet connectivity are excluded from this SLA.
- No credit allowance will be made for any interruption in service:
A) Due to the negligence of or noncompliance with the provisions of the Voice Services contract (including its payment terms).
B) Due to the failure of power at the customer premise.
C) Due to the failure of customer premise equipment (CPE) or other Hardware.
D) Due to the failure of equipment, systems, connections or services not provided by Speakeasy.
E) Due to circumstances or causes beyond the reasonable control of Speakeasy.
F) During any period in which Speakeasy is not given full and free access to its facilities and equipment for the purposes of investigating and correcting interruptions. - Inability to access the Web-based voice portal will not give rise to service credits outlined in this SLA.
Concurrent Calls Guarantee: Speakeasy ADSL and SDSL
SPEAKEASY PROVIDES VOICE SERVICES OVER ADSL AND SDSL AS A BEST EFFORT SERVICE WITH NO WARRANTIES (INCLUDING WARRANTIES REGARDING CONTINUOUS SERVICE UPTIME OR VOICE QUALITY) EXCEPT THOSE, IF ANY, EXPRESSLY STATED HEREIN.
Should a Speakeasy provided ADSL or SDSL ("DSL") circuit fail to support the Customer's service deployment by not providing sufficient capacity to support the target maximum number of concurrent calls (Target MNCC) stated in the Service Order when there is no other traffic on the circuit, and Customer notifies Speakeasy of four (4) such failures in any calendar month within five (5) calendar days of each failure, and Speakeasy is unable to resolve such failure within five (5) business days, Speakeasy will propose a circuit and/or speed upgrade more suited to the Customer's needs. Upon proposal of this upgrade by Speakeasy, Customer must accept or decline such upgrade within twenty-five (25) calendar days. Should Customer elect to accept this upgrade, Speakeasy shall upgrade the circuit and Customer's DSL billing shall be adjusted to reflect the change in service. Should Customer decline this upgrade, Customer may cancel its Voice Services without being charged the termination, cancellation or minimum term commitment fees normally associated with the early termination of the Voice Services. In the event that Customer should elect to decline the upgrade, Customer must provide advance notice to Speakeasy, effective within thirty (30) calendar days of Customers receipt of Speakeasy's proposal to upgrade the DSL service, either revising its target MNCC to a lower value, consistent with the actual circuit performance, or canceling the Voice Services. Should Customer fail to report a failure, fail to accept or decline a proposed upgrade or fail to cancel the service or revise the target MNCC within the allotted time(s) as allowed herein, Speakeasy will determine Customer to have accepted the Voice Services "as is" and Customer will not be eligible for further remedies under this guarantee.
The Concurrent Calls guarantee is subject to the following limitations:
- Voice Services used at locations other than locations using Speakeasy provided DSL connectivity are excluded from this SLA
- No allowance will be made for any failures in Concurrent Calls:
A) Due to the negligence of or noncompliance with the provisions of the Voice Services contract (including its payment terms)
B) Due to the negligence of or noncompliance with the provisions of the Speakeasy DSL Connectivity contract (including its payment terms)
C) Due to the failure of power at the Customer premise
D) Due to the failure of customer premise equipment (CPE) or other Hardware
E) Due to the failure of equipment, systems, connections or services not provided by Speakeasy
F) Due to circumstances or causes beyond the reasonable control of Speakeasy
G) During any period in which Speakeasy is not given full and free access to its facilities and equipment for the purposes of investigating and correcting failures
H) When failures of the Voice Services not related to the throughput capacity of the DSL circuit
I) When concurrent call failure is simultaneous with the transfer of other data on the DSL circuit.
GENERAL
CREDIT AND PAYMENT PROCEDURE
To receive credit for the Voice Service Application Unavailability Guarantee, Customer must contact Speakeasy and open a trouble ticket at the time of trouble. Speakeasy applies service credits to the Customer's invoice within two (2) billing cycles.
Credits are based on the Customer's Basic Phone Extension Fee and may arise from multiple service guarantees outlined in this SLA. The total combined credits applied to the Customer's Voice Services will not exceed the Basic Phone Extension Fees in any calendar month.
For purposes of calculating Service Credit, one (1) day credit of the Speakeasy service fee is equal to 1/30.33 of the monthly recurring Voice Services charge at the time of the outage for the Voice Services Seats adversely affected.
The Customer will pay its entire service bill, and shall not setoff any Service Credits it would anticipate receiving from Speakeasy. Customer shall cooperate with Speakeasy in any Service Claim investigations.
To receive Service Credit, Customer must be in good financial standing with Speakeasy and must be compliant with the terms and conditions of its Speakeasy Business Voice Services agreement. A Customer's failure to comply, including without limitation a failure to pay charges on a timely basis, will invalidate the Guarantees.
Service Credits delivered as remedies in conjunction with this SLA represent Speakeasy's sole responsibility and the Customer's sole remedy related to Speakeasy's Voice Services.
POLICY CHANGE
Speakeasy reserves the right to change, amend, or revise this SLA policy at any time. Changes or revisions to the SLA will be deemed effective upon posting the applicable revision on Speakeasy's website.
Service Level Agreement - Speakeasy Colocation, Managed & API Services
Speakeasy Broadband Services, LLC. (Speakeasy) is committed to providing reliable, high-quality support to Customers using Speakeasy Colocation, Managed & API Services. This SLA outlines the minimum service a Customer may expect from Speakeasy for the contracted service.
The following SLA represents Speakeasy's sole responsibility and the Customer's sole remedy related to the Colocation, Managed & API Services and any Colocation, Managed & API Services Service Guarantee.
DEFINITIONS:
Customer shall mean a Speakeasy customer who has executed a binding agreement for Speakeasy's Colocation, Managed or API Services, excluding any Customer whose account is, or during the period in question, was not in good financial standing with Speakeasy, or is in violation of the terms and conditions or Speakeasy's acceptable use policy outlined herein and in the Speakeasy Master Service Agreement.
SERVICE GUARANTEE:
Limited Service Guarantee. Speakeasy warrants that it will use commercially reasonable efforts to minimize Excess Packet Loss, Latency and disruption of API Service, and to avoid Downtime, and that Speakeasy will provide remedies described to Customer: (Excess Packet Loss, Latency, disruption of API Service and Downtime are defined below).
Packet Loss, Latency and disruption of API Service. Speakeasy does not proactively monitor the packet loss, transmission latency of specific customers, or the disruption of API Service. Speakeasy does, however, proactively monitor the aggregate packet loss and transmission latency within its LAN and WAN as well as uptime and connectivity to its API Service. In the event that Speakeasy discovers (either from its own efforts or after being notified by Customer) that Customer is experiencing packet loss in excess of five percent (5%) ("Excess Packet Loss") or transmission latency in excess of 120 milliseconds round-trip time based on Speakeasy's measurements ("Latency") between any two routers within the continental United States portion of the Network on average for each hour, or that Customer is experiencing connection or authentication failures to core API Service servers ("Disruption of API Service"), and Customer notifies Speakeasy (or Speakeasy has notified Customer), then Speakeasy will use its commercially reasonable actions to determine the source of the Excess Packet Loss, Latency, or disruption of API Service and correct the problem. If either Excess Packet Loss, Latency, or disruption of API Service occurs and it stems from a source within the Network and not from the Customer or beyond the Network, and if Speakeasy fails to correct the Excess Packet Loss, Latency, or disruption of API Service after using its commercially reasonable efforts for a period of twenty four (24) hours after Speakeasy becoming aware of such Excess Packet Loss, Latency, or disruption of API Service then Speakeasy will credit Customer's account the pro-rata Bandwidth and/or API Fees payable by Customer to Speakeasy (as set forth in the applicable Service Order) for the continuous duration of such Excess Packet Loss, Latency, or disruption of API Service; provided that all such aggregate credits for such failures in any calendar month, combined with any other credits Customer may be eligible for, will not exceed the actual aggregate Bandwidth Fees and/or API Fees otherwise due from Customer to Speakeasy for Bandwidth and/or API Services for that calendar month.
Inability to Access the Internet (Downtime) and API Service. Speakeasy will use its commercially reasonable efforts to avoid Internet Access Downtime for 99.99% of the hours as an average calculated over each calendar year. If Customer is unable to transmit and receive information from the Network to other portions of the Internet because Speakeasy failed to provide Network Access Services ("Internet Access Downtime") for more than four (4) continuous hours, then Speakeasy will credit Customer's account the pro-rata Bandwidth Fees payable by Customer to Speakeasy (as set forth in the applicable Service Order) for the continuous duration of such Internet Access Downtime; provided that all such aggregate credits for such failures in any calendar month, combined with any other credits Customer may be eligible for, will not exceed the actual aggregate Bandwidth and/or API Fees otherwise due from Customer to Speakeasy for Bandwidth and/or API Services for that calendar month. For purposes of the foregoing, "unable to transmit and receive" shall mean sustained packet loss in excess of fifty percent (50%) based on Speakeasy's measurements. If Customer is experiencing a disruption of API Services or is unable to transmit or receive information from the Network to other portions the Internet for more than 24 consecutive hours or for 95% of the hours as an average calculated over each calendar month because of Speakeasy's hardware, internal API Service authentication issues, or failure of Network Access Services, then Speakeasy will credit Customer's account the pro-rata API Service Fees payable by Customer to Speakeasy (as set forth in the applicable Service Order) for the continuous duration of such disruption of API Services; provided that all such aggregate credits for such failures in any calendar month, combined with any other credits Customer may be eligible for, will not exceed the actual aggregate Bandwidth and/or API Fees otherwise due from Customer to Speakeasy for Bandwidth and/or API Services for that calendar month.
Hardware Guarantee. Speakeasy guarantees the functioning of all Speakeasy Provided Hardware and will replace any failed components at no cost to the customer. Hardware replacement will begin immediately upon identification of the hardware failure, and is guaranteed to be completed within 8 hours of problem identification. In the event that it takes more than 8 hours to replace faulty hardware, Speakeasy will refund the customer 10% of the monthly fee per additional 4 hours of down time (up to 100% of customer's monthly fee as outlined in the Service Order document. Hardware is defined as Processor(s), RAM, hard disk(s), motherboard, NIC card, and other related hardware included under the server lease.
Customer Must Request Credit. Customer must notify Speakeasy within three (3) business days from the time Customer becomes eligible to receive a credit under this SLA to receive such credit. Failure to comply with this requirement will forfeit Customer's right to receive a credit.
Limitation on Remedies. If Customer is entitled to multiple credits under this SLA, such credits shall not in any event be cumulative beyond a total of credits equal to the aggregate Bandwidth Fees for that month in any one (1) calendar month. Speakeasy will not apply a credit under this SLA for any Excess Packet Loss or Latency for which Customer received a credit under this SLA. Speakeasy will only apply a credit to the month in which the incident occurred. Further, Speakeasy will not apply a credit for any period in which Customer received any bandwidth Services free of charge. This SLA states Customer's sole and exclusive remedy for any failure by Speakeasy to provide Services or adequate Service levels, including but not limited to any outages or Network congestion. Speakeasy's blocking of data communications in contravention of its Anti-SPAM Policy or Acceptable Use Guidelines shall not be deemed to be a failure of Speakeasy to provide adequate Service levels under this SLA.
POLICY CHANGE
Speakeasy reserves the right to change, amend, or revise this SLA policy at any time. Changes or revisions to the SLA will be deemed effective upon posting the applicable revision on Speakeasy's website.