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• Date and beginning/end time of each of the claimed Outages; <br /> •Trouble Ticket number for the Chronic Outage at issue; <br /> •Circuit IDs for each pertinent circuit/path;and <br /> • Brief description of the characteristics of the claimed Chronic Outage. <br /> If Customer fails to timely submit, pursuant to the procedure described in this Section,a request for any SLA-related credit <br /> or Service Outage remedy for which Customer might otherwise be eligible under this SLA, Customer shall be deemed to <br /> have waived its right to receive such credit or remedy. The credits and remedies provided by this SLA are Customer's sole <br /> and exclusive remedies for any and all claims or complaints regarding the quality and/or availability of any of the Services to <br /> which this SLA applies. <br /> 8.2 WAVE's Evaluation of Claims. All claims for SLA-related credits and remedies for Chronic Outages are <br /> subject to evaluation and verification by WAVE. Upon receiving a claim for SLA-related credit and/or remedies for Chronic <br /> Outage, WAVE will evaluate the claim and respond to Customer within thirty (30) days. If WAVE requires additional <br /> information in order to evaluate Customer's claim, WAVE will notify Customer by email specifying what additional <br /> information is required. Customer will have fifteen (15) days from the date on which it receives WAVE's request for <br /> additional information in which to provide the requested information to WAVE. If Customer fails to provide the additional <br /> information within that time period, Customer will be deemed to have abandoned its claim. WAVE will promptly notify <br /> Customer of WAVE's resolution of each Customer claim. If Customer's claim for an SLA-related credit or Chronic Outage <br /> remedy is rejected, the notification will specify the basis for the rejection. If Customer's claim for a credit is approved, <br /> WAVE will issue the credit to Customer's account,to appear on the next monthly invoice. If Customer's claim for a Chronic <br /> Outage remedy is approved,WAVE will notify Customer of the date on which the requested substitution or termination will <br /> occur. WAVE's determination regarding whether or not an SLA has been violated shall be final. <br /> 8.3 Limitations and Exclusions. Total credits for any given calendar month shall not exceed 100%of the MRC <br /> for the affected circuit and Service. Credits shall not be cumulative with respect to any given incident; instead, if multiple <br /> SLAs are violated during a single incident,Customer shall be entitled only to the largest applicable credit amount. This SLA <br /> will not apply and Customer will not be entitled to any credit under this SLA for any impairment of Services that is caused by <br /> or due to any of the following: (i)The acts or omissions of Customer,its agents,employees,contractors,or Customer's end <br /> users,or other persons authorized by Customer to access,use or modify the Services or the equipment used to provide the <br /> Services, including Customer's use of the Service in an unauthorized or unlawful manner; (ii)The failure of or refusal by <br /> Customer to reasonably cooperate with WAVE in diagnosing and troubleshooting problems with the Services,including the <br /> unavailability of required Customer personnel due to Customer's failure to keep WAVE provided with current and accurate <br /> contact information for such personnel; (iii)Scheduled Service alteration, maintenance or implementation; (iv)The failure <br /> or malfunction of network equipment or facilities not owned or controlled by WAVE or WAVE's Affilliates;(v)Force majeure <br /> events; (vi)WAVE's inability (due to no fault of WAVE) to access facilities or equipment as reasonably required to <br /> troubleshoot,repair,restore or prevent degradation of the Service; (vii)Customer's failure to release the Service for testing <br /> or repair and continuing to use the Service on an impaired basis; (viii)WAVE's termination of the Service for cause, or as <br /> otherwise authorized by the MSA; (ix)Improper or inaccurate network specifications provided by Customer; <br /> (x)Interruptions resulting from incorrect, incomplete or inaccurate Service orders from Customer; (xi)Special <br /> configurations of the standard Service that have been mutually agreed to by Customer and WAVE,unless a separate Service <br /> Level Agreement for the special configuration has been established with the Service Order; or (xii)WAVE's inability to <br /> deliver Service by the Customer's desired due date. <br /> Exhibit A: Service Level Agreement for Ultra High Availability Enterprise Services Pg.5 <br /> Wave Business Solutions,LLC Updated: 10/13/2014 <br />