Business Broadband & Data
- Business Broadband
- Dedicated T1 Internet Access
- Bonded T1 Line
- Backup T1 Connection
- MPLS
- Dedicated T3 Broadband Line
Business VoIP & Hosted PBX
VPN, Security & Hosting
Tierzero's Service Level Agreement
This Service Level Agreement (SLA) applies to Subscribers of Tierzero's 56k point-to-point, frame relay (all access speeds), and T1/T3/DS3/OC3/OC12. This SLA does not apply to Subscribers of Tierzero's xDSL, ISDN, Dial and other services.
This SLA provides Subscribers with certain rights and remedies regarding the performance of the Tierzero Network. The "Tierzero Network" means the Tierzero owned and operated Internet Protocol (IP) routing infrastructure consisting of selected Tierzero points of presence (POPs) and the connections between them. The Tierzero Network does not include Subscriber premises equipment or any Telco access facilities connecting Subscriber's premises (or any Tierzero Colocation site, if applicable) to such infrastructure.
Availability Guarantee
Tierzero's goal is to make the Tierzero Network available to Subscriber free of Network Outages 100% of the time. A "Network Outage" is an instance in which Subscriber is unable to transmit and receive IP packets due to a Tierzero Network (Tierzero data centers or facilities) outage for more than 15 consecutive minutes, excluding outages relating to Tierzero's scheduled maintenance and upgrades or interruptions or degradations caused by access facilities, Telco lines or hardware not specifically provided or resold by Provider. A "Local Loop" failure is not a Network Outage.
Upon Subscriber's request, Tierzero will issue a credit to Subscriber for Network Outages occurring during any calendar month that are reported by Subscriber to Tierzero and confirmed by Tierzero's measurements of the Tierzero Network. Such credit will be equal to one hour of the IP access fee paid by Subscriber. Subscriber will not be entitled to more than one day's worth of credit for Network Outages in a given day.
Latency Over The Internet
Tierzero guarantees that the average monthly latency for round-trip transmissions will be 55 milliseconds or less within the continental United States, 115 milliseconds or less between the United States and Europe, 150 milliseconds or less between the United States and Japan, and 325 milliseconds or less between Europe and Japan. Latency is calculated by averaging measurements between various points on the Tierzero network over a one month period. If the average monthly latency exceeds our guarantee, all eligible Tierzero customers may request one day of credit on their next monthly invoice for the affected service.
Packet Loss Guarantee
Tierzero aims to keep Average Packet Loss on the Tierzero Network to 1% or less. "Average Packet Loss," with respect to a given month, means the average percentage of IP packets transmitted on the Tierzero Network during such month that are not successfully delivered, as measured by Tierzero. If Average Packet Loss exceeds 1% during a calendar month, then upon Subscriber's request (in accordance with the procedure set forth below), Tierzero will issue a credit to Subscriber equal to one day's worth of the base IP access fee paid by Subscriber for such month. The terms of this SLA relating to Average Packet Loss will take effect the first full calendar month after Subscriber's first use of the Tierzero Network.
Exceptions
Subscriber shall not receive any credits under this SLA in connection with any failure or deficiency of the Tierzero Network caused by, or associated with
(A) circumstances beyond Tierzero's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of, or delay in, transportation, unavailability of, or interruption or delay in, telecommunications or third party services, failure of third party software, or inability to obtain raw materials, supplies, or power used in, or equipment needed for, provision of the Service Level Agreement;
(B) failure of access circuits to the Tierzero Network, unless such failure is caused solely by Tierzero;
(C) general Telco failure;
(D) scheduled maintenance;
(E) DNS issues outside the direct control of Tierzero;
(F) outage or error of any Tierzero measurement system; (G) Subscriber's acts or omissions, including without limitation, any negligence, willful misconduct, or use of the Tierzero Network or Tierzero services in breach of Tierzero's Terms and Conditions and Acceptable Use Policy, by Subscriber, or others authorized by Subscriber.
Measurement
Tierzero will periodically, (on average every 15 minutes), measure the Tierzero Network for uptime using software and hardware components capable of measuring application traffic and responses. Subscriber acknowledges that not every POP may be covered by such measurements, that such measurements may not measure the exact path traversed by Subscriber's packets, and that such measurements constitute measurements across the Tierzero Network, but not other networks to which Subscriber may connect. Tierzero reserves the right to change the measurement points and methodologies it uses periodically without notice to Subscriber. Measurements will be posted to a Web site designated by Tierzero and made available to Subscriber.
Credit Request And Payment Procedures
Requests for credits must be made via email to the Tierzero Technical Assistance Center at tac@tierzero.net. Each request in connection with a Network Outage must be received by Tierzero within seven days of the Network Outage. Each request in connection with Average Packet Loss in a calendar month must be received by Tierzero within seven days after the end of such month. Notwithstanding anything in this SLA to the contrary, the total amount credited to a Subscriber in connection with Network Outages and Average Packet Loss in any calendar month will not exceed the base IP access fee paid by Subscriber for such month. Each validly requested credit will be applied to a Subscriber invoice within 2 billing cycles after Tierzero's receipt of such request. Credits are exclusive of any applicable taxes charged to Subscriber or collected by Tierzero.
General
Tierzero reserves the right to change or modify this SLA to benefit the Subscriber, and will post changes to a Web site designated by Tierzero and made available to Subscriber. Except as set forth in this SLA, Tierzero makes no claims regarding the availability or performance of the Tierzero Network.
