Enterprise Service Level Agreement

Network Availability Guarantee

The Quantum IP Network, which includes the infrastructure, facilities, and equipment owned, operated, or leased to the Customer by Quantum, which Quantum uses to provide Enterprise Internet Access Service, is guaranteed to make Service available to the Customer one hundred percent (100%) of the time. If this Guarantee is not satisfied during a calendar month, the Customer will be credited three percent (3%) of the MRC for each full hour of Service non-availability.

Latency Guarantee

The Quantum IP backbone network is guaranteed to have an average roundtrip packet transit time within the Quantum IP backbone network of no more than 65ms. This average latency is measured as the average of fifteen (15) minute samples across the Quantum IP backbone network as taken throughout a calendar month. If this Guarantee is not satisfied during a calendar month, Customer will be credited three percent (3%) of the MRC for each full 1ms exceeding the 65ms average.

Packet Loss Guarantee

The Quantum IP network is guaranteed not to cause an average packet loss of more than one percent (1%) during any calendar month. If this Guarantee is not satisfied during a calendar month, the Customer will be credited three percent (3%) of the MRC for each full percentage point above the one percent (1%) average maximum.

Network Jitter Guarantee

The Quantum IP network is guaranteed not to cause a maximum average network jitter delay of more than 2ms during any calendar month. If this Guarantee is not satisfied during a calendar month, the Customer will be credited three percent (3%) of the MRC for each full millisecond (1ms) exceeding the 2ms average.

Limitations on Service Level Guarantees

Each of the preceding four Service Level Guarantees (SLAs) are subject to the following performance and measurement limitations:

(1) Service deficiencies are calculated commencing with the date and time (as set forth on the trouble ticket) at which Quantum, or the Customer initially reports the service deficiency on a trouble ticket containing all information necessary for Quantum to respond to the trouble ticket, and ending upon confirmation by Quantum to the Customer that the service is repaired to the affected Customer Circuit.

This calculation excludes any period that Quantum waits for a response, availability (including restrictions to on-site availability, or DMARC access), or action from the Customer, and further excludes any period Quantum spends monitoring the affected Customer Circuit after Quantum has repaired service to the affected Customer Circuit or any period Quantum spends monitoring an intermittent circuit while the Customer Circuit is up and running;

(2) The total amount credited may not exceed the applicable monthly recurring charge (MRC) for the affected Service;

(3) SLA measurements will not include Customer Premise Equipment (CPE) provided by the Customer, inside wiring at the Customer’s premises, Customer's Local Area Network (LAN), any scheduled maintenance event, Customer caused Service interruptions (including those resulting from the action, or inaction of third party Customer controls, or has the capability for controls; interconnections to or from, and connectivity within other Internet Service Provider (ISP) networks, and force majeure events, and/or, other exclusions as may be defined, or described in Quantum’s Rules, Regulations, and Service Agreement, which may be found at http://www.quantel.net/regulations;

(4) Requests for credit must be made in writing no later than ten (10) days after resolution of a service deficiency to the Customer’s dedicated Quantum Account Manager, or to the Quantum Customer Service Team in Manchester, MD.