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5. CLAIMING CREDITS AND REMEDIES <br /> 5.1 Requesting SLA Related Credits and Chronic Outage Remedies. To be eligible for any SLA-related Service <br /> credit or Chronic Outage remedy,Customer must be in good standing with WAVE and current in its financial obligations to <br /> WAVE. Credits are exclusive of any applicable taxes charged to Customer or collected by WAVE. <br /> (i) To claim SLA-related Service credits,Customer must do the following: <br /> (a) Open a Trouble Ticket with the WAVE NOC within twenty-four (24) hours of the <br /> occurrence giving rise to the claimed credit(s); <br /> (b) Submit a written request for the credit(s) to WAVE's customer service department <br /> within fifteen (15)days after the end of the calendar month in which the incident giving <br /> rise to the credit(s)occurred; and <br /> (c) Provide the following documentation when requesting the credit(s): <br /> •Customer name and contact information; <br /> •Trouble Ticket number(s); <br /> • Date and beginning/end time of the claimed Outage or failed SLA metric; <br /> •Circuit IDs for each pertinent circuit/path;and <br /> • Brief description of the characteristics of the claimed Outage or failed SLA metric. <br /> (ii) To claim remedies for a Chronic Outage under this SLA,Customer must do the following: <br /> (a) Open a Trouble Ticket regarding the Chronic Outage with the WAVE NOC within <br /> seventy-two(72)hours of the last Outage giving rise to the claimed remedy; <br /> (b) Submit a written request for a remedy regarding the Chronic Outage to WAVE'S <br /> customer service department within thirty(30)days of the end of the calendar month in <br /> which the Chronic Outage occurred; and <br /> (c) Provide the following documentation when requesting the remedy: <br /> •Customer name and contact information; <br /> •Type of remedy requested(e.g.,substitution or termination); <br /> •Trouble Ticket numbers for each individual Outage event; <br /> •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 5111-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 SIA 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 /> 5.2 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 SIA-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 (1S) 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 /> Exhibit B: Service Level Agreement for Ultra High Availability Dark Fiber Services pg.3 <br /> Wave Business Solutions,LLC Updated: 10/13/2014 <br />