Enterprise Service Level Agreement

4G Service Level Agreement

Subject to the SLA General Terms & Conditions, EPIC IO NETWORKS, LLC warrants the following levels of service on its network:

  • Availability: 99.5%

  • Mean Time to Restore (MTR):24 hours (network and/or hardware*)

  • An external Internet Service Provider or an Internet exchange point

  • Latency150 ms rt average, (i.e. 75 to 225 ms rt)

I.Definitions

Availability:

This is amount of time that the network will be available as measured in minutes per month. The calculation is: Total minutes of actual availability divided by the total number of minutes in a month ("Covered Time").

In the event the network availability is less than the SLA, a credit will be issued of 1% of the MRC of the affected location for each percentage point below the SLA that the network was not available.

Important Note: SLA applies only to managed orders wherein an agent or designee of EPIC iO Networks has performed a professional installation (to include an external antenna) of Service(s). Client self -install or mobile applications are not covered under the conditions of the SLA.

Service Interruptions Excluded from Covered Time

The following service interruptions are excluded in any calculation of Availability:

  • Loss of power at the remote location

  • Remote location is unable to conduct business due to an event beyond the control of EPIC IO that may affect the EPIC IO Service (i.e., act of nature, fire, civil unrest, terrorist attack)

  • Any service interruption caused by any Client premise equipment (CPE) or service

  • The EPIC iO Equipment and Service is not used in the manner prescribed in the EPIC IO Service Agreement or moved or adjusted without authorization or instruction by EPIC IO Support.

  • The SLA will be considered invalid in the event that the EPIC iO-provided hardware is not kept in a temperature/humidity controlled environment within normal operating ranges.

Mean Time to Restore (MTR):

This is the average time it takes to restore service. The outage time is measured by the total elapsed time from the issuance to the resolution of a trouble ticket as recorded in the EPIC iO trouble ticket database, divided by the total number of trouble tickets issued for a Customer during a calendar month. In the event EPIC iO does not perform within the SLA, a credit of 10% of the MRC for the affected locations will be issued for the month in which the outage occurred.

  • Hardware replacement is subject to shipping cutoff times.

Satellite Service Level Agreement

1.SCOPE

This Service Level Agreement (SLA) outlines the minimum service that Client may expect from EPIC IO for:

  • Network Availability

  • Packet Loss

  • Latency

For the purposes of this SLA, EPIC IO does not include the following items:

  • Customer Premises Equipment (CPE) with the exception of the EPIC IO provided CPE

  • Any networks or network equipment not owned or controlled by EPIC IO

  • Cabling from the EPIC IO Equipment to Customer's LAN equipment

2. NETWORK AVAILABILITY

The EPIC IO Enterprise satellite network will be available to Customer an average of 99.5% of the time per calendar month averaged over the previous twelve (12) month period. EPIC IO's network availability will be measured based on the cumulative number of minutes that the EPIC IO network was "unavailable," per calendar month, as solely determined by EPIC IO. "Network Unavailability" shall mean a service outage due to failure of the EPIC IO SAT network resulting in Customer being unable to connect to Remote Terminals from Customer's location. "Network Unavailability" shall not include the unavailability of the EPIC IO satellite network resulting from any of the following events ("Excused Events"):

  • Network Maintenance; (Note: Network maintenance windows are periodically scheduled for Sunday mornings from 12:00:01 AM to 6:00:00 AM EST.)

  • Circuits or network elements provided by other telecommunications providers or other common carrier

  • An external Internet Service Provider or an Internet exchange point

  • Acts or omissions of Customer or an authorized user

  • Customer equipment, facilities or applications

  • Local access provider outages or service interruptions

  • Force Majeure as defined in the EPIC IO Service Agreement

2.1 NETWORK AVAILABILITY REMEDY

If EPIC IO determines that the EPIC IO satellite network was unavailable during a calendar month, for each 1% of Network Unavailability below the expected 99.5% availability, EPIC IO shall reduce the applicable monthly fee by .5% up to a maximum reduction of 15%.

2.2 PACKET LOSS

EPIC IO satellite network packet loss will not exceed an average of two percent (2%) on the EPIC IO satellite network during any calendar month (this excludes link setup time). Packet loss is defined as the percentage of packets dropped between Customer's Remote Terminal and EPIC IO's satellite Shared Hub.

2.2.1 PACKET LOSS REMEDY

If EPIC IO determines the EPIC IO SAT network's packet loss exceeds an average of two percent (2%) during any calendar month (this excludes link setup time), for each Customer Remote Terminal that is affected by such packet loss, Client is eligible to receive a one (1) day credit of the monthly fee for that Remote Terminal.

2.3 LATENCY

EPIC IO's monthly network latency will not exceed an average latency of 750 milliseconds on the EPIC IO's Network (for a single satellite hop). "Round trip time" or "network latency" is defined as twice the average time it takes an IP packet (32 bytes in length) to enter and exit the EPIC IO's network.

2.3.1 LATENCY REMEDY

If EPIC IO determines, in its sole discretion, that the average monthly network latency exceeds 750 milliseconds during a calendar month for each Customer Remote Terminal that is affected by such latency and on which this latency was not met, Client is eligible to receive a one (1) day credit of the monthly fee for that Remote Terminal, for each day latency exceeds 750 milliseconds specific to general internet browsing only.

2.4 THROUGHPUT

EPIC iO also commits to delivering 80% of contracted download and 70% of upload speeds 99% of the time when sending a 5Mb or larger file as measured by EPIC iO or a EPIC iO approved bandwidth speed test site. All speed tests must use at least a 5Mb or larger file using a EPIC iO approved testing procedure. Accelenet software may be required to achieve the above throughput.

3.0 SERVICE CLAIM PROCESS

To initiate a claim for a service credit with respect to the SLA's described herein, Client shall submit to EPIC IO a request in writing for the service credit. For all Network Performance SLA: Client shall submit the service credit request to the Client's assigned EPIC IO Representative within seven (10) business days after the end of the month in which the event occurred that gives rise to the claim for the service credit.

EPIC IO shall acknowledge receipt of all service credit requests via email within twenty-four (24) hours after such receipt and will review all requests within ten (10) business days after such receipt. Client shall be notified via email upon resolution of the request. Client shall cooperate with EPIC IO in the service claim investigation. When service requests are submitted, the Client shall pay its entire service bill, and shall not set off any service credits it would anticipate receiving from EPIC IO.

4.0 SERVICE CREDIT

EPIC IO shall issue a service credit to clients account upon approval of its service credit request. Service credit will appear on the invoice issued in the month following the month in which the service credit request was approved. EPIC IO shall not be held liable for failure to fulfill its obligations hereunder if such failure is due to an Excused Event as set forth in Section 2.1.

Service Credits delivered as remedies in conjunction with SLA's described herein represent EPIC IO's sole responsibility and Client's sole remedy related to the service(s) to be provided under this Agreement. EPIC IO shall provide its service in accordance with this SLA, and the Client's sole remedy for failure of EPIC IO to provide such SLA related to EPIC IO Service is described herein. An SLA and/or warranties, other than the network's performance SLA listed above and as described herein, whether expressed or implied, are hereby disclaimed, including warranties of merchantability and fitness for a particular purpose.

5.0 CANCELLATION

In the event of chronic performance problems and that remain unresolved after 30 days from the initial trouble ticket submission to EPIC iO's Network Operations Center (NOC). Client may cancel contract with no additional penalties or service charges.