The following additional terms and conditions are applicable to Sales Orders for Single Point Global’s Ethernet Transport Services:
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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:
Technical Specifications and Performance Standards for Services
Figure 1: Available UNI interface types and CBS values for different CIR Increments
Ethernet Transport Version 1.3
Single Point Global’s Ethernet Transport Services is backed by the following Service Level Agreement (“SLA”):
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
“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.
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.
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.
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.
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.