XMission Enterprise Internet Addendum and Service Level Agreement
This Enterprise Internet Addendum (the “Enterprise Internet Addendum”) is made a part of and incorporated into the Master Service Agreement (the “MSA”) between You and XMission. The Enterprise Internet Addendum governs XMission’s enterprise internet services (the “Services”). To the extent there is any conflict between this Enterprise Internet Addendum and the MSA, this Enterprise Internet Addendum governs.
1SERVICE DESCRIPTION. The Services include Internet, unlimited data transfer, circuit uptime monitoring, and a dedicated fiber line with services guaranteed as described in Section 2 herein.
2SERVICE LEVEL. XMission will exercise commercially reasonable efforts to ensure 100% network connectivity.
2.1OUTAGES. Any network event resulting in downtime during which You cannot pass traffic to the Internet for a period of time in excess of fifteen (15) minutes (“Outage”) will be deemed unavailability of Your connection provided that such Outage is on the XMission network (as opposed to third-party provided networks), is the result of a failure in XMission provided local access, or is the result of a failure in XMission equipment. An Outage shall be deemed to commence upon the opening of a trouble ticket with the XMission support team and shall be deemed to terminate upon the closing of the same trouble ticket. An Outage shall not be deemed to occur upon the occurrence of routine, scheduled maintenance, or upon the occurrence of an act outside of XMission’s control, such as loss of power at Your premises or an act of force of nature.
3CREDIT. For each Outage You experience, You will receive a credit equal to one day’s billing for the month in which such Outage occurred. In the event that an Outage has duration of greater than one hour, You will receive one day’s credit for each hour or fraction thereof of the Outage subject to the following conditions: (a) Credits are only provided on impacted primary products; (b) To obtain a credit, You must notify XMission by postal mail, or email at email@example.com within thirty (30) days after the end of the month in which the event(s) giving rise to the credit or termination right occurred; (c) All credits will be upon Your request only, and no credit will be made automatically.
3.1Credits may be applied cumulatively but may never exceed one month’s billing in any calendar month.
3.2A credit of one (1) day’s service will be given each time XMission fails to contact You within two (2) hours of an Outage in which the client has opened a ticket.
3.3Notwithstanding the foregoing, no credits will be given unless You have provided reasonable assistance in an effort to resolve the Outage.
4SERVICE LEVEL DEFAULT. At any time following the third consecutive month of the Service Level terms in this Section 2 not being met, You may terminate the affected services without liability except for charges incurred prior to the termination of such services, notwithstanding any limitations on termination provided for in the Agreement.
5PROACTIVE SUPPORT NOTIFICATION. XMission will contact all customers by email within two (2) hours of any known Outage. Notification will be sent to the Primary Contact as provided to XMission by You in the MSA. XMission highly recommends that You sign up for the XMission status email list available at https://status.xmission.com.