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%Availability = (Total Minutes in Month—Total Minutes of Unavailability in Month) <br /> (per calendar month) Total Minutes in Month <br /> For Ethernet Transport Services and Phone Over Fiber Services, Availability is calculated at the individual circuit level, <br /> between WAVE'S Backbone Network and the Customer's router port. For Dedicated Internet Access Services,Availability is <br /> calculated from the Customer's router port through the WAVE Network to the handoff point for the Internet. Dedicated <br /> Internet Access Service Availability does not include the availability of the Internet itself or any particular Internet resource. <br /> Periods of Excused Outage are not included in Availability metrics. <br /> "Chronic Outage"means a series of three(3)or more Service Outages affecting the same Service on the same circuit during <br /> a given calendar month,each of which has an actual time to restore"TTR"in excess of WAVE's targeted MTTR. <br /> "Emergency Maintenance" means WAVE's efforts to correct conditions on the WAVE Network that are likely to cause a <br /> material disruption to or outage in services provided by WAVE and which require immediate action. Emergency <br /> Maintenance may degrade the quality of the Services provided to Customer, including possible outages. Any such outages <br /> are Excused Outages that will not entitle Customer to credits under this SLA. WAVE may undertake Emergency <br /> Maintenance at any time WAVE deems necessary and will provide Customer with notice of such Emergency Maintenance as <br /> soon as commercially practicable under the circumstances. <br /> "Excused Outage" means any disruption to or unavailability of Services caused by or due to (i)Scheduled Maintenance, <br /> (ii)Emergency Maintenance, or (iii)circumstances beyond WAVE's reasonable control, such as, by way of example only, <br /> Force Majeure,acts or omissions of Customer or Customer's agents,licensees or end users,electrical outages not caused by <br /> WAVE,or any failure, unavailability, interruption or delay of third-party telecommunications network components the use <br /> of which are reasonably necessary for WAVE's delivery of the Services to Customer. <br /> "Jitter"or"Network Jitter"refers to an undesirable variation in the interval at which packets are received,also described as <br /> the variability in Latency as measured in the variability over time of the packet Latency across a network. Jitter is calculated <br /> as aggregate average monthly metric measured by WAVE across the WAVE Backbone Network between a sample of WAVE <br /> POPs. Local access loops are not included. Periods of Excused Outage are not included in Jitter metrics. <br /> "Latency"means how much time it takes, measured in milliseconds,for a packet of data to get from one designated point <br /> on WAVE's Network to another designated point on WAVE's Network. Latency is calculated as aggregate average monthly <br /> metric measured by WAVE across the WAVE Backbone Network between a sample of WAVE POPs. Local access loops are <br /> not included. Periods of Excused Outage are not included in Latency metrics. <br /> "Mean Time to Restore"or"MTTR"means the average time required to restore the WAVE Network to a normally operating <br /> state in the event of an Outage. MTTR is calculated on a circuit basis, as a monthly average of the time it takes WAVE to <br /> repair all Service Outages on the specific circuit, MTTR is measured from the time an Outage related Trouble Ticket is <br /> generated by the WAVE NOC until the time the Service is again Available. The cumulative length of Service Outages per <br /> circuit is divided by the number of Trouble Tickets in the billing month to derive the monthly MTTR per circuit: <br /> MTTR in Hrs = Cumulative Length of Service Outages Per Month Per Circuit <br /> (per calendar month) Total Number of Trouble Tickets for Service Outages Per Month Per Circuit <br /> Periods of Excused Outage are not included in MTTR metrics. <br /> "Outage"means a disruption in the Service making the Service completely unavailable to Customer that is not an Excused <br /> Outage. For purposes of SLA-related credits and remedies, the period of unavailability begins when an Outage-related <br /> Trouble Ticket is opened by the Customer and ends when the connection is restored,as measured by WAVE. Unavailability <br /> does not include periods of Service degradation,such as slow data transmission. <br /> "Packet Loss" means the unintentional discarding of data packets in a network when a device(e.g., switch,router, etc.) is <br /> overloaded and cannot accept any incoming data. Packet Loss is calculated as aggregate average monthly metric measured <br /> Exhibit A: Service Level Agreement for Ultra High Availability Enterprise Services pg.3 <br /> Wave Business Solutions,LLC Updated: 10/13/2014 <br />