Single Point Global Product-specific Attachment for Ethernet Transport Services

[Version: 1.1]

The following additional terms and conditions are applicable to Sales Orders for Single Point Global’s Ethernet Transport Services:

DEFINITIONS

Capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the General Terms and Conditions.

“Estimated Availability Date” means the target date for delivery of Service.

“Interconnection Facilities” means transmission capacity provided by Single Point Global, Customer or a third-party supplier to extend the Single Point Global Equipment from a Single Point Global terminal to any other location (e.g., a local loop provided by a local exchange company or other communications company).

“Off-Net” means geographical locations that are outside of Single Point Global’s service area and/or geographical locations that are within Single Point Global’s service area generally, but are not readily accessible by Single Point Global Network facilities. All Off-Net Services are provided by third-party service providers.

“On-Net” means geographical locations where Single Point Global currently provides Services through its Single Point Global Fiber Network. On-Net Services may be provisioned over a fiber optic network, or via a hybrid fiber/ethernet or coax network (“HFEC Network”), as available through Single Point Global. The Service Order must specify “On-Net” to be classified as such.

“Total Contract Value” means the monthly re-occurring charges listed in the Service Order multiplied by the number of months in the Service Term.

For the purposes of this PSA, “Services” means Ethernet Transport Services.

ARTICLE 1. SERVICES

This attachment shall apply to Ethernet Transport Services. A further description of these Services is set forth in Schedule A-1 hereto which is incorporated herein by reference.

ARTICLE 2. PROVIDER

On-Net Service shall be provided by Single Point Global Inc.

On-Net Service provided over the HFEC Network and Off-Net Services are available in a limited number of Single Point Global markets. For information on service availability, call 703-348-8415.

ARTICLE 3. REGULATORY APPROVAL; TRAFFIC MIX

Single Point Global’s pricing for Service may be subject to FCC, public service commission or other regulatory approval. Further, Customer represents that its use of Service hereunder will be jurisdictionally interstate. Customer agrees to indemnify and hold Single Point Global harmless from any claims by third parties resulting from or arising out of Customer’s failure to properly represent or certify the jurisdictional nature of its use of Service.

ARTICLE 4. CUSTOM INSTALLATION FEE

Once Single Point Global accepts a Sales Order for Service, Single Point Global will invoice Customer for all Custom Installation Fee(s) as identified on a Sales Order. Customer will pay the Custom Installation Fee(s) within thirty (30) days of the invoice date unless a payment schedule is specified in the applicable Sales Order.

ARTICLE 5. PROVISIONING INTERVAL

Following its acceptance of a Sales Order, Single Point Global shall notify Customer of the Estimated Availability Date applicable to that Sales Order. Single Point Global shall use commercially reasonable efforts to provision the Service on or before the Estimated Availability Date; provided, however, that Single Point Global’s failure to provision by said date shall not constitute a breach of the Agreement.

ARTICLE 6. SERVICE COMMENCEMENT DATE

Single Point Global shall inform Customer when Service is available and performing in accordance with the “Performance Standards” set forth in Schedule A-1 hereto (“Availability Notification”). Charges for Service shall begin to accrue as of the Service Commencement Date. The Service Commencement Date shall be earliest of: (A) the date on which Customer confirms receipt of and concurrence with the Availability Notification; (B) five (5) business days following the date of the Availability Notification, if Customer fails to notify Single Point Global that the Service does not comply materially with the specifications set forth in Schedule A-1 hereto; or (C) the date on which Customer first uses the Service.

ARTICLE 7. TERMINATION CHARGES; PORTABILITY; UPGRADES

7.1 The charges set forth or referenced in each Sales Order have been extended to Customer in reliance on the Service Term set forth therein. To the extent that a Service Term has not been expressly set forth in a Sales Order, the minimum Service Term for Services is thirty-six (36) months.

7.2 Termination Charges for Services.

1. In the event that Service is terminated following Single Point Global’s acceptance of the applicable Sales Order but prior to the Service Commencement Date, Customer shall pay Termination Charges in the sum of $4,000 dollars for the expenses incurred by Single Point Global in installing or preparing to install the On-Net Service, plus 50% of the Total Contract Value of the Sales Order, plus 100% of any remaining, unpaid Custom Installation Fees.
2. Termination Charges for On-Net Services. In the event Customer terminates On-Net Service following Single Point Global’s acceptance of the applicable Sales Order but prior to the end of the applicable Service Term, Customer shall pay Termination Charges equal to 100% of the monthly recurring charges remaining through the end of the Service Term plus 100% of any remaining, unpaid Custom Installation Fees.
3. Termination Charges for Off-Net Services. In the event Customer terminates Off-Net Service following Single Point Global’s acceptance of the applicable Sales Order but prior to the end of the applicable Service Term, Customer shall pay Termination Charges equal to 100% of the monthly recurring charges remaining through the end of the Service Term plus 100% of any remaining, unpaid Custom Installation Fees. Customer shall, pursuant to Article 3.2 of the General Terms and Conditions, also pay any third-party service provider ancillary fees incurred by Single Point Global due to the early termination of service by the Customer.

7.3 Exclusions. Termination Charges shall not apply to Service terminated by Customer as a result of Single Point Global’s material and uncured breach in accordance with Article 5.2 of the General Terms and Conditions. Single Point Global has first cure period of 20 days to resolve/remedy any and all performance issues related to Attachment A-1.1. If Single Point Global requires an extension to remedy/cure issues, Single Point Global must submit a letter in writing to customer notifying them of an additional cure period of not to exceed 10 days. If Single Point Global fails to resolve the performance issues, or customer experiences more than three (3) “Service Interruptions” in a given month that exceeded 8 hours, Customer may terminate at no penalty. A receipt of the request for termination must be received within the same month for customer to terminate without incurring termination charges.

7.4 Portability. Customer may terminate an existing On-Net Service (an “Existing Service”) and turn up a replacement On-Net Service (i.e., having different termination points on Single Point Global’s network) (a “Replacement Service”) without incurring Termination Charges with respect to the Existing Service, provided that (a) the Replacement Service must have a Service Term equal to or greater than the remaining Service Term of the Existing Service; (b) the Replacement Service must have monthly recurring charges equal to or greater than the monthly recurring charges for the Existing Service; (c) Customer submits a Sales Order to Single Point Global for the Replacement Service within ninety (90) days after termination of the Existing Service and that order is accepted by Single Point Global; (d) Customer reimburses Single Point Global for any and all installation charges that were waived with respect to the Existing Service; and (e) Customer pays the actual costs incurred by Single Point Global in installing and provisioning the Replacement Service.

7.5 Upgrades. Customer may upgrade the speed or capacity of an Existing Service without incurring Termination Charges, provided that (A) the upgraded Service (the “Upgraded Service”) must assume the remaining Service Term of the Existing Service; (B) the Upgraded Service must have the same points of termination on Single Point Global’s network as the Existing Service; (C) Customer submits a Sales Order to Single Point Global for the Upgraded Service and that order is accepted by Single Point Global; (D) Customer pays Single Point Global’s applicable nonrecurring charges for the upgrade; and (E) Customer agrees to pay the applicable monthly recurring charges for the Upgraded Service commencing with the upgrade. Upgrades to Off-Net Services are subject to the applicable third party service provider rules and availability. Single Point Global has no obligation to upgrade Customer’s Off-Net Service.

ARTICLE 8. ADDITIONAL INFORMATION

As necessary for the interconnection of the Service with services provided by others, Single Point Global may request (as applicable), and Customer will provide to Single Point Global, circuit facility assignment information, firm order commitment information, and design layout records necessary to enable Single Point Global to make the necessary cross connection between the Service and Customer’s other service provider(s). Single Point Global may charge Customer nonrecurring and monthly recurring cross-connect charges to make such connections.

ARTICLE 9. TECHNICAL SPECIFICATIONS AND PERFORMANCE STANDARDS; SERVICE LEVEL AGREEMENT

The technical specifications and performance standards applicable to the Service are set forth in Schedule A-1 hereto. The service level agreement applicable to the Service is set forth in a Schedule A-2 hereto.

SCHEDULE A-1
SERVICE DESCRIPTIONS, TECHNICAL SPECIFICATIONS AND PERFORMANCE STANDARDS SINGLE POINT GLOBAL ETHERNET TRANSPORT SERVICES

Single Point Global’s Ethernet Transport Services (“Service(s)”) will be provided in accordance with the service descriptions, technical specifications and performance standards set forth below:

Definitions

1. Latency. Latency, also known as Frame Delay, is defined as the maximum delay measured for a portion of successfully delivered service frames over a 30-day period.
2. Jitter. Jitter, also known as Frame Delay Variation, is defined as the short-term variations measured for a portion of successfully delivered service frames over a 30-day period.
3. Packet Loss. Packet Loss, also known as Frame Loss, is the difference between the number of service frames transmitted at the ingress UNI and the total number of service frames received at the egress UNI over a 30-day period.

Service Descriptions

1. Ethernet Network Service (ENS). ENS enables customers to connect physically distributed locations across a Metropolitan Area Network (MAN) as if they are on the same Local Area Network (LAN). The service provides VLAN transparency enabling customers to implement their own VLANs without any coordination with Single Point Global. ENS offers three Classes of Service (CoS): Basic, Priority, and Premium. CoS options enable customers to select the CoS that best meets their applications’ performance requirements. The service is offered with 10/100Mbps, 1Gbps or 10Gbps Ethernet User-to-Network Interfaces (UNI) and is available in increments starting at 1Mbps. The ENS Service is not available over a Single Point Global HFC Network.
2. Ethernet Private Line (EPL). EPL service enables customers to connect their Customer Premises Equipment (CPE) using a lower cost Ethernet interface. EPL service enables customers to use any VLANs or Ethernet control protocol across the service without coordination with Single Point Global. EPL service provides one Ethernet Virtual Connection (EVC) between two customer locations. EPL offers three Classes of Service (CoS) including: Basic, Priority, and Premium. CoS options enable customers to select the CoS that best meets their applications’ performance requirements. EPL service is offered with 10/100Mbps, 1Gbps, or 10 Gbps Ethernet User-to-Network Interfaces (UNI) and is available in speed increments starting at 1Mbps. The EPL Service is only available with a Basic CoS when delivered over a Single Point Global HFC Network.
3. Ethernet Virtual Private Line (EVPL). EVPL service provides an Ethernet Virtual Connection (EVC) between two customer locations similar to Ethernet Private Line service but supports the added flexibility to multiplex multiple services (EVCs) on a single UNI at a customer’s hub or aggregation site. The service multiplexing capability is not available at sites served by the Single Point Global HFC Network. EVPL offers three Classes of Service (CoS) including: Basic, Priority, and Premium. CoS options enable customers to select the CoS that best meets their applications’ performance requirements. The service is offered with 10/100Mbps, 1Gbps, or 10 Gbps Ethernet User-to-Network Interfaces (UNI) and is available in speed increments starting at 1Mbps. The EVPL Service is only available with a Basic CoS when delivered over a Single Point Global HFC Network.
4. Off-Net Service Limitations. The above categories of Service are available as Off-Net Services, with the following limitations:
   • Only available with Basic CoS
   • 10Gbps Ethernet UNIs are not available with Off-Net Services;
   • Service multiplexing capability is not available on Off-Net EVPL UNIs;
   • When ordering 10/100Mbps Off-Net Ethernet UNIs, speed increments may only be ordered in increments of 10 Mbps, up to a maximum size of 90Mbps; when ordering 1 Gbps Off-Net Ethernet UNIs, speed increments may only be ordered in increments of 100Mbps, up to a maximum size of 900Mbps

Technical Specifications and Performance Standards for Services

1. 1. User-to-Network Interface. The Services provides the bidirectional, full duplex transmission of Ethernet frames using a standard IEEE 802.3 Ethernet interface. Figure 1 provides a list of available UNI physical interfaces and their available Committed Information Rate (CIR) bandwidth increments and Committed Burst Sizes (CBS). CIR increments of less than 10 Mbps are not available in conjunction with Off-Net Services.

Figure 1: Available UNI interface types and CBS values for different CIR Increments

1. 1. Class of Service Option. Except as indicated below, Single Point Global On-Net Ethernet Transport Services are available with three different classes of service. The CoS options allow for differentiated service performance levels for different types of network traffic. CoS is used to prioritize customer mission-critical traffic from lesser priority traffic in the network. The customer must specify a CIR for each CoS to indicate how much bandwidth should be assigned to each CoS. Only Basic CoS is available for Off-Net Services and On-Net Services delivered via the HFC Network. The performance metrics associated with each CoS are set forth in Attachment A-1.1 to the Product-Specific Attachment for Ethernet Service.
   2. CoS Identification and Marking. Customer must mark all packets using 802.1p CoS values as specified in Figure 3 to ensure the service will provide the intended CoS performance objectives.

1. Traffic Management. Single Point Global’s network traffic-policing policies restrict traffic flows to the subscribed CIR for each service class. If the customer-transmitted bandwidth rate for any CoS exceeds the subscription rate (CIR) and burst size (CBS), Single Point Global will discard the non-conformant packets. For packets marked with a non-conformant CoS marking, the service will transmit them using the Basic service class without altering the customer’s CoS markings. Traffic management policies associated with Off-Net Services will conform to the policies enforced by the third-party service provider.
2. Maximum Frame Size. The service supports a Maximum Transmission Unit (MTU) packet size of 1600 bytes to support untagged or 802.1Q tagged packet sizes. Jumbo Frame sizes can be supported on an Individual Case Basis (ICB).

SCHEDULE A-2
SERVICE LEVEL AGREEMENT

Ethernet Transport Version 1.3

Single Point Global’s Ethernet Transport Services is backed by the following Service Level Agreement (“SLA”):

Definitions:

Capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the Ethernet Transport Services PSA or the General Terms and Conditions.

“Planned Service Interruption” means any Service Interruption caused by planned work such as scheduled maintenance or planned enhancements or upgrades to the network.

“Service Interruption” means a complete loss of signal that renders the Service unusable.

Service Level Agreement (SLA)

Company’s liability for any Service Interruption (individually or collectively, “Liability”), shall be limited to the amounts set forth in the Tables below. For the purposes of calculating credit for any such Liability, the Liability period begins when the Customer reports to Company an interruption in the portion of the Service, provided that the Liability is reported by Customer during the duration of the Liability, and, a trouble ticket is opened; the Liability shall be deemed resolved upon closing of the same trouble ticket or the termination of the interruption, if sooner, less any time Company is awaiting additional information or premises testing from the Customer. In no event shall the total amount of credit issued to Customer’s account on a per-month basis exceed 50% of the total monthly recurring charge (“MRC”) associated with the impacted portion of the Service set forth in the Sales Order. Service Interruptions will not be aggregated for purposes of determining credit allowances. To qualify, Customer must request the Credit from Single Point Global within thirty (30) days of the interruption. Customer will not be entitled to any additional credits for Service Interruptions. Single Point Global shall not be liable for any Liability caused by force majeure events, Planned Service Interruptions or Customer actions, omission or equipment.

TABLE 1: SLA for On-Net Services provided over a Single Point Global fiber-optic network

TABLE 2: SLA for On-Net Services provided over the HFC Network

TABLE 3: SLA for Off-Net Services

THE TOTAL CREDIT ALLOWANCES PER MONTH IS CAPPED AT 50% of THAT MONTH’S MRC FOR THE INTERRUPTED PORTIONS OF SERVICE. SEPARATELY OCCURRING SERVICE INTERRUPTIONS ARE NOT AGGREGATED FOR THE PURPOSES OF DETERMINING CREDIT ALLOWANCES.

On-Net Service Monitoring, Technical Support and Maintenance

1. Network Monitoring. Single Point Global monitors On-Net Services on a 24x7x365 basis.
2. Technical Support. Single Point Global provides a toll-free trouble reporting telephone number to the Enterprise Technical Support (ETS) center that operates on a 24x7x365 basis. Single Point Global provides technical support for service related inquiries. Technical support will not offer consulting or advice on issues relating to CPE or other equipment not provided by Single Point Global.
3. Escalation. Reported troubles are escalated within the Single Point Global Business Services Network Operations Center (BNOC) to meet the response/restoration interval described below (Response and Restoration Standards). Service issues are escalated within the Single Point Global BNOC as follows: to a Supervisor at the end of the applicable time interval plus one (1) hour; to a Manager at the end of the applicable time interval plus two (2) hours, and to a Director at the end of the applicable time interval plus four (4) hours.
4. Maintenance. Single Point Global’s standard maintenance window for On-Net Services is Sunday to Saturday from 12:00am to 6:00am local time. Scheduled maintenance for On-Net Services is performed during the maintenance window and will be coordinated between Single Point Global and the Customer. Single Point Global provides a minimum forty-eight (48) hour notice for non-service impacting maintenance. Single Point Global provides a minimum of seven (7) days’ notice for On-Net Service impacting planned maintenance. Emergency maintenance is performed as needed without advance notice to Customer. Maintenance for Off-Net Services shall be performed in accordance with the applicable third party service provider rules. Therefore, Off-Net Service may be performed without advance notice to Customer.
5. Single Point Global provides certain Single Point Global Equipment for provisioning its services and the delivery of the UNI, which will reside on the Customer-side of the Demarcation Point. Single Point Global will retain ownership and management responsibility for this Single Point Global Equipment. This Single Point Global Equipment must only be used for delivering Services. Customers are required to shape their egress traffic to the Committed Information Rate (“CIR”) identified in the Sales Order. Single Point Global will be excused from paying SLA credits if the Service Interruption is the result of Customer’s failure to shape their traffic to the contracted CIR or utilizing Single Point Global Equipment for non-Single Point Global provided services.

Performance Standards

“Performance Standards” are set forth in Schedule A-1 to the Product-Specific Attachment for Ethernet Service.

Response and Restoration Standards

Single Point Global has the following response and restoration objectives:

Customer shall bear any expense incurred, e.g., dispatch/labor costs, where a Service Interruption is found to be the fault of Customer, its end users, agents, representatives or third-party suppliers.

Emergency Blocking

The parties agree that if either party hereto, in its reasonable sole discretion, determines that an emergency action is necessary to protect its own network, the party may, after engaging in reasonable and good faith efforts to notify the other party of the need to block, block any transmission path over its network by the other party where transmissions do not meet material standard industry requirements. The parties further agree that none of their respective obligations to one another under the Agreement will be affected by any such blockage except that the party affected by such blockage will be relieved of all obligations to make payments for charges relating to the circuit(s) which is so blocked and that no party will have any obligation to the other party for any claim, judgment or liability resulting from such blockage.

Remedy Processes

All claims and rights arising under this Service Level Agreement must be exercised by Customer in writing within thirty (30) days of the event that gave rise to the claim or right. The Customer must submit the following information to the Customer’s Single Point Global account representative with any and all claims for credit allowances: (a) Organization name; (b) Customer account number; and (c) basis of credit allowance claim (including date and time, if applicable). Single Point Global will acknowledge and review all claims promptly and will inform the Customer by electronic mail or other correspondence whether a credit allowance will be issued or the claim rejected, with the reasons specified for the rejection.

Exceptions to Credit Allowances

A Service Interruption shall not qualify for the remedies set forth herein if such Service Interruption is related to, associated with, or caused by: scheduled maintenance events; Customer actions or inactions; Customer-provided power or equipment; any third party not contracted through Single Point Global, including, without limitation, Customer’s users, third-party network providers, any power, equipment or services provided by third parties; or an event of force majeure as defined in the Agreement.

Other Limitations

The remedies set forth in this Service Level Agreement shall be Customer’s sole and exclusive remedies for any Service Interruption, outage, unavailability, delay, or other degradation, or any Single Point Global failure to meet the requirements or objectives in this Service Level Agreement.

ATTACHMENT A-1.1
PERFORMANCE OBJECTIVES

Single Point Global Ethernet Transport Services are available both within and between major metropolitan areas throughout the United States. The performance objectives associated with traffic flows between any two customer sites are dependent upon the locations of respective A and Z sites.

Access Types

1. On-Net Access. If On-Net A and Z sites reside within the same Market, Performance Tier 1 objectives will apply. If the sites are in different markets, another Performance Tier will apply.
2. Off-Net Access. In addition to On-Net Access, Single Point Global enables Off-Net Access to Ethernet Transport Services via multiple third party providers. The Performance Tier for Off-Net Access is based upon the location of the Off-Net site, the location of the Network to Network Interface (NNI) between Single Point Global and the third party provider and the performance commitment from the third party provider. Single Point Global will specify applicable Performance Tier on the quotation for applicable Off-Net site. Standard Off-Net Access will have an assigned home market and will include the same performance metrics associated with On-Net connectivity within the respective market and between markets. Extended Off-Net Access provides customer with network connectivity, but at a higher performance Tier. Extended Off-Net Access is currently only available in the State of Texas and Performance Tier 2 will always apply.

Performance Tiers

1. Performance Measurement. Single Point Global collects continuous in-band performance measurements for its Ethernet Transport Services. All latency, Jitter and Packet Loss Performance Metrics are based upon sample measurements taken during a calendar month.
2. Performance Tier 1 (PT1) Objectives – Within Market.
   
3. Performance Tier 2 (PT2) Objectives.