T1 Service Level Agreement (SLA)
- Our Commitment: The time to restore
service for a Widomaker T1 access circuit
(i.e., the T1 "line") is four (4) hours. The "time to
restore" begins on the date and time when Customer reported the
service impairment to Widomaker, via Widomaker authorized "trouble ticketing
system," together with all information necessary for Widomaker to respond to the trouble ticket, and ends
upon confirmation by Widomaker to Customer
that service has been restored (in each case, based upon Widomaker records). This period shall be extended to
account for any period of time spent by Widomaker
waiting for a response, availability, action, or access to the premises
from Customer in furtherance of the repair effort, and any period of
time during which a "force majeure"
event (see below) affecting service has occurred and is continuing.
- Your Remedy: If Widomaker
fails to meet the above "time to restore service" commitment,
Customer may request a Service Credit equal to one (1) day's contracted,
monthly recurring service charge for the Widomaker
T1 access circuit. Customer is eligible for an additional day's Service
Credit for each subsequent 24-hour period (commencing upon expiration of
the initial 4-hour cure period) that the T1 line remains unavailable.
- Our Commitment: The guaranteed
installation interval for a Widomaker T1
access circuit is thirty (30) whole business days from the time when Widomaker acknowledges receipt of a complete order,
via "welcome call" or similar confirming correspondence to
Customer, to the point in time when a working T1 circuit has been
delivered by Widomaker to the premises,
together with any related basic wiring included as part of basic service
installation, or, if delivery of service is prevented or delayed by
Customer, the point in time when Widomaker
notified Customer that Widomaker stood ready
to deliver such service. This interval shall be extended to account for
any period spent by Widomaker waiting for a
response, availability, action or access to the premises from Customer
in furtherance of the installation process, any change in due date by
Customer, unavailability of ILEC facilities, Federal holidays, and any
period of time during which a "force majeure"
event affecting installation has occurred and is continuing.
- Your Remedy: If Widomaker
fails to meet the above "installation interval" commitment,
Customer is eligible for a Service Credit equal to 50% of the contracted
monthly recurring service charge for one (1) month's use of the T1
circuit. This credit shall only be earned in the event that Customer
permits ultimate installation of the circuit and does not cancel
service, for any reason, prior to installation.
- Our Commitment: Widomaker
commits to provide an average monthly roundtrip delay of 80 milliseconds
or less within Widomaker’s network in
- Your Remedy: Any Customer who
experiences average latency in excess of 80 milliseconds for any
calendar month may request a two-day Service Credit. Any Customer who
experiences average latency in excess of 80 milliseconds in each of two
consecutive months may request a seven-day Service Credit.
- Our Commitment: Widomaker
commits to provide 99.9% availability each month for your connection
within Widomaker’s network in
- Your Remedy: Any Customer who
experiences availability of the network connection of below 99.9% in any
calendar month may request a one-day Service Credit for each whole hour
of unavailability in such month in excess of the above minimum
commitment.
- Our Commitment: All Customer premise
equipment (i.e., the installed bridge, modem or router (CPE) in support
of service) leased from Widomaker will be
guaranteed by Widomaker to be free from
defects (other than those attributable to abuse, tampering or
unauthorized repair or modification) during the term of service.
- Your Remedy: Widomaker
will repair or replace all leased CPE that is determined by Widomaker to be defective (and not the subject of
Customer misuse, tampering or unauthorized repair/modification) within
the applicable warranty period.
- To be eligible for a
Service Credit, you must report the commitment failure to Widomaker within five (5) days of its occurrence (via telephone at 757-253-7621 or via e-mail
notification to helpdesk@widomaker.com), and you must
have notified Widomaker of any
service-affecting conditions at the time of such failure and have
provided Widomaker with all other information
reasonably requested in furtherance of troubleshooting the reported
issue.
- All requests for Service
Credits for validly reported commitment failures must be delivered in
writing to Widomaker. Requests must identify
the Service Level Commitment at issue, include the "trouble
ticket" number assigned to Customer's report, and include such
other information as Widomaker may have
reasonably requested to assist it in verifying the request. Widomaker may reject any Service Credit request
which does not provide sufficient supporting information to allow Widomaker to verify the claim. All requests for
Service Credits will be subject to confirmation by Widomaker,
and will be applied by Widomaker as soon as
possible to a subsequent recurring invoice following approval. Widomaker shall promptly notify Customer of its
resolution of the reported event. Customer must claim any applicable
Service Credits by the 15th day of the month following the month in
which (a) the reported incident was resolved (in the case of credits for
"availability" or "time to restore" commitments), or
(b) the billing start date of the affected T1 circuit (in the case of
the "installation interval" commitment). Widomaker
will inform Customer of credit requests rejected for insufficient
information, and Customer will be allowed to resubmit such requests with
additional supporting information within fifteen (15) days of Widomaker notification of its rejection of the
credit request. After Customer resubmits the credit request with the
additional supporting information, the standard verification and
crediting timelines outlined herein shall apply.
- Service Credits are
calculated based on the contracted monthly rate for the affected
service, prorated by the number of days of credit provided as the remedy
for the applicable Service Level Commitment, based on a 30-day month
(e.g., a one-day Service Credit means the Customer will receive as a
credit an amount equal to 1/30 of the applicable recurring monthly
charge for the affected service). The maximum Service Credit to be
granted for all failures within a given month shall not exceed the
monthly recurring fees charged by Widomaker
for the given service for the month in which the given Service Credit is
claimed. Any excess credits will not carry over into later invoices.
Remedies available hereunder shall only be payable in the form of a
Service Credit to Customer's account. Widomaker
shall have no obligation to pay cash to Customer to fulfill any earned
Service Credit, unless Widomaker’s records
verify that all services have been terminated and authorized Service
Credits remain outstanding which are in excess of any remaining amounts
due and owing from Customer to Widomaker, and
then, only to the extent of the excess amount.
- If any event triggers a
breach of two or more Service Level Commitments, Customer shall only
receive a Service Credit equal to the highest applicable Service Credit
being requested in connection with the breached Service Level
Commitments. The "time to restore service" commitment does not
cover CPE issues, which are handled separately, above.
- Customer shall be
ineligible for a Service Credit hereunder if Customer is not in
financial good standing with Widomaker (i.e.,
current on all billings) at the time of the request.
- For purposes hereof, a
"force majeure" event shall mean any
natural disaster, act of God, power surge or failure, strike or labor
dispute, war, civil disturbance, act of governmental authorities or the
public enemy, act of terrorism, unavailability or failure of, or
interruption or delay in, telecommunications or third party service,
fuel or energy shortage, or any other cause beyond Widomaker
control, whether or not similar to the foregoing.
- For purposes hereof, a
"business day" shall mean any weekday other than a Federal
holiday or day on which banks in the State of
- Any Customer act or
omission, including without limitation any negligence, willful
misconduct or misuse of any service or equipment, which impairs Widomaker ability to provide service.
- Scheduled maintenance on
the Widomaker network.
- Failure on the part of
Customer to timely report the incident and open a trouble ticket in
accordance with this
Time to Restore Service CommitmentInstallation Interval CommitmentLatency CommitmentNetwork Availability CommitmentCustomer Premise Equipment CommitmentService Credit SpecificationsIn the event Widomaker
fails to achieve any Service Level Commitment, at your request, Widomaker will credit your account in accordance with the
applicable remedy set forth above in connection with such Service Level
Commitment and subject to the following: The remedies set forth herein for each Service
Level Commitment shall be the exclusive remedy available to Customer for Widomaker failure to achieve such Service Level
Commitment. This SLA does not represent a warranty or guarantee by Widomaker that services will be uninterrupted or fit for
any particular purpose or intended use of any kind, and Widomaker
shall not be liable for any damages of any nature or amount as a result of
any failure to achieve any Service Level Commitment, other than the permitted
Service Credits authorized and described hereunder. ExclusionsThis Service Level Agreement applies to Widomaker T1 Service and related equipment only. Widomaker will not be responsible for, and Service
Credits will not be issued in connection with, any failure by Widomaker to meet a Service Level Commitment by reason of
any of the following: Widomaker may modify the Service Level Commitments and your
remedy for the failure by Widomaker to meet any
Service Level Commitment at any time. Such modifications shall be deemed
effective immediately upon either posting of the modified Revised: September 1, 2008 |