Single Point Global Product-specific Attachment for Managed Device Support Services

Version: 1.1

The following additional terms and conditions are applicable to Sales Orders for Single Point Global’s Managed Device Support Services:

DEFINITIONS

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

Authorized Contact: “Authorized Contact” is a representative authorized by Customer to request service changes using procedure outlined herein.

Code Word: “Code Word” refers to a secure password known only to Customer point of contacts and representatives of Single Point Global.

Device: “Device” refers to the Customer router, firewall, or switch receiving “Service”.

Managed Change: “Managed Change” refers to a change to Device configuration performed by Single Point Global.

Operating System: “Operating System” refers to the base software running on Customer Device.

For the purposes of this PSA, “Services” means Managed Device Support Services.

ARTICLE 1. SERVICES

Services Description

This attachment shall apply to the Managed Device Support Services. Managed Device Support Services are an end-to-end offering for management of Customer Device(s).

The Managed Device Support Services are designed to provide service to operating systems. Single Point Global reserves the right to refuse delivery of service to equipment deemed outside the target of the product such as, but not limited to, home users and equipment other than approved devices.

A further description of these Services is set forth in Schedule A-1 hereto which is incorporated herein by reference.

ARTICLE 3. SERVICE DELIVERY

(a) General

It is Customer’s responsibility to ensure that Single Point Global is able to access the Device. This includes but is not limited to port filtering, firewalling, Ethernet switches, Ethernet cabling, hardware configuration, and operating systems.

(b) Installation

Single Point Global will contact Customer and coordinate the installation and configuration of any necessary software for the Services. Single Point Global will assist Customer as necessary in the installation and configuration of such software.

Installation expedites are available with this Service. Installation expedite requests will be subject to current expedite fees. Expedite requests will also be subject to a pass through of any and all fees billed to Single Point Global by other vendors in the support of the expedite request.

Single Point Global does not warrant or represent that Services installation expedites will actually expedite delivery of any Services. Customer shall be subject to any and all expedite fees regardless of the outcome of the expedite request.

If additional configuration work is required due to limitations of the Customer systems, including but not limited to servers, workstations or network, then Single Point Global reserves the right to bill customer at current hourly rates for additional configuration time.

Except as otherwise required by this PSA, Single Point Global is NOT responsible for and will not be obligated to provide any assistance in configuration, installation, administration, troubleshooting, maintenance, or repair of equipment or software, or integration of equipment or software into Customer’s internal network. Such services may be available at additional cost.

Customer shall be responsible for any travel expenses incurred by Single Point Global in the course of providing onsite installation service.

(c) Services Upgrades & Modifications

Single Point Global may use other methods to provide Customer with equivalent Services. Single Point Global reserves the right to replace Customer Services with equivalent or upgraded Services at any time during the term. Single Point Global will make an effort to coordinate any such Services change with the Customer prior to such change. If Single Point Global is unable to coordinate an acceptable time for a Services change with the Customer Single Point Global reserves the right to make such a Services change during a Scheduled Maintenance window.

ARTICLE 3. FEES

Charges for the Services will begin to accrue on the Services Commencement Date (as defined below). Single Point Global will invoice Customer for the applicable fees as identified on a Sales Order. Customer will pay the fees within thirty (30) days of the invoice date unless a payment schedule is specified in the applicable Sales Order.

Field Technician Charge (FTC)

The FTC is the charge incurred for each dispatch of a Single Point Global technician to support Services installation or trouble. This fee shall be calculated based on the current hourly rates and shall be rounded up to the nearest full hour. This fee may be waived at Single Point Global’s sole discretion for Customers of Services if the root cause for the dispatch is determined to be the responsibility of Single Point Global.

Missed Appointment Fee

Customer or its authorized representative must be available at the Customer location for the scheduled installation appointment date to grant the Services tech access or to accept delivery of the Single Point Global Equipment, or to work with installation technician to turn up the service. If no one is available, the Services tech will attempt to contact Customer for a minimum of an additional fifteen (15) minutes before re-scheduling the appointment.

Re-scheduling such missed appointment will incur a Missed Appointment Fee at the current applicable rate. Forty-eight hours’ notice is required for all appointment re- scheduling.

Travel

Customer shall be responsible for travel expenses incurred by Single Point Global during activation or support of Services as follows:

• For Customer locations in the domestic US between 30 and 100 miles from nearest Single Point Global office:
  • Travel time at hourly rates (office-to-office) for any vehicular travel outside a 30 mile radius from nearest Single Point Global office.
• For Customer locations in the domestic US greater than 100 miles from the nearest Single Point Global office:
  • All provisions of travel to Customer locations within 100 mile radius of nearest Single Point Global office;
  • Airplane, bus or train tickets at Single Point Global cost;
  • Rental car, gas and parking at Single Point Global cost;
  • Per diem allowance of $40/day (food); and
  • Hotel/lodging at Single Point Global cost.
• Other Customer locations require a signed agreement between Single Point Global and Customer.

ARTICLE 4. SERVICE COMMENCEMENT DATE

The Services Commencement Date shall be the earlier of: A) the date on which the ordered Services are activated on the first newly contracted Customer Device by Single Point Global; or (B) 60 days from the date the Sales Order for the Services is accepted by Single Point Global.

Customer is responsible for ensuring Single Point Global has the ability to install any necessary software in a timely fashion.

ARTICLE 5. TERMINATION CHARGES

In the event that the Services are terminated on or following the Service Commencement Date but prior to the end of the applicable Service Term, Customer shall pay Termination Charges equal to a percentage of the monthly recurring charges remaining for the unexpired portion of the then-current Service Term, calculated as follows:

i. 100% of the monthly recurring charges with respect to months 1-12 of the Service Term; plus

ii. 95% of the monthly recurring charges with respect to months 13-24 of the Service Term; plus

iii. 90% of the monthly recurring charges with respect to months 25 through the end of the Service Term; plus

iv. 100% of any remaining, unpaid Custom Installation Fees.

Termination Charges shall be immediately due and payable upon cancellation or termination and shall be in addition to any and all accrued and unpaid charges for the Service rendered by Single Point Global through the date of cancellation or termination. Single Point Global will waive the Termination Charges in the event a Customer terminates the Services as a result of a move to a new location if Customer purchases Services from Single Point Global at such new location, that are of the same or greater value as the terminated Services, and subscribes to a new minimum contracted period for those Services of at least twelve (12) months. Additional Single Point Global Equipment charges may apply depending on the new Services that are being purchased by Customer. If service is not available at new location, Customer is subject to Termination Charges calculated in accordance with this Section.

ARTICLE 6. CUSTOMER RESPONSIBILITIES

Customer will be required to maintain complex passwords for its user accounts where applicable. For any such passwords Single Point Global will provide a secure URL that any user can access to change passwords.

Single Point Global is not responsible for unexpected use of Services whether by ex-employees, compromised user passwords or any other misuse of Customer accounts. Customer shall be responsible for all costs incurred by such unexpected use of Service.

Single Point Global controls the version of hardware and software running on its infrastructure and does not guarantee that it is compatible with any version changes made by the Customer on their network, server, OS or application infrastructure. It is the Customer’s responsibility to ensure that any version changes planned on their infrastructure are compatible with Single Point Global equipment and software. Single Point Global can make available a testing schedule to test interoperability (additional charges may apply). Single Point Global retains the right to change the version of software and hardware of its infrastructure and will provide Customer a notification of this change no less than sixty (60) days in advance.

Customer shall be fully responsible for providing to Single Point Global at Customer’s own expense and in a timely manner the following:

• All security for its Services and systems used or accessible in connection with Service. Single Point Global is not responsible for the unexpected use of Services on the part of the Customer whether by ex-employees, compromised user passwords or any other misuse of Customer accounts;
• Cooperative testing of all Customer-provided hardware, software, and Services for compatibility with Service;
• Designating an Authorized Contact(s) to be the point of contact to interface with Single Point Global Technical Support; and
• Vendor support contract, contact information or any other such service required to access patches, support information, manuals, or other information related to Customer Operating System and applications.

ARTICLE 7. SERVICES CONDITIONS

Customer acknowledges that certain conditions outside of Single Point Global’s control may adversely impact the ability of Single Point Global to perform functions of this Services. Examples of such conditions are listed below.

• Customer task, software, scheduled job or other human intervention intentional or otherwise renders portions, complete files, or complete file systems unavailable.
• Failure of Customer software or operating system.
• Network connectivity issues between Customer Device and Single Point Global backup platform.

Customer acknowledges that in the event of a support issue, Customer is responsible for on-site cooperative testing with Single Point Global Technical Support to assist in the diagnosis of the trouble.

Customer acknowledges that certain activities, including the following, are excluded from this PSA and may subject the Customer to additional fees beyond the scope of this Service.

• Any major change in network or physical infrastructure
• Activities related to any lawsuit, legal inquiry, e-discovery or other unforeseen request
• Any third party attempt, successful or otherwise, to fix hardware issues on Device
• Physical re-location of Device

Truck rolls shall be performed at the discretion of Single Point Global. At the request of Single Point Global Customer shall be responsible for shipping Device to Single Point Global for fulfillment of Services features.

Customer agrees to be bound to current terms of Single Point Global Acceptable Use Policy. Terms of the Acceptable Use Policy are subject to change without notice. Customer agrees to be bound to any and all versions of Single Point Global Acceptable Use Policy. Current Acceptable Use Policy can be found here: http://www.singlepointglobal.com/legal

ARTICLE 8. SERVICE LEVEL AGREEMENT

The service level agreement applicable to the Services is set forth in Schedule A-2 hereto.

SCHEDULE A-1
SERVICE DESCRIPTIONS, TECHNICAL SPECIFICATIONS AND PERFORMANCE STANDARDS FOR MANAGED DEVICE SUPPORT SERVICES

Services will be made available via one or more of the following levels:

Common Features

The following features are available in all Device Management packages.

(a) Support

This feature is intended to support standard functionality of the Services. Advanced functionality or support is not provided with this feature. Single Point Global shall be the sole party responsible for defining which issues shall be classified as incidents and treated based on the “Incident Support” feature.

(i) Telephone Support: Telephone based support is available 24 hours a day, 7 days a week.

(ii) Email Support: Email based support is available from 7am to 7pm EDT Monday through Friday.

(iii) Hands-on Support: When possible, Single Point Global will use Remote Support feature to resolve Customer issues. Single Point Global shall be the sole party responsible for defining when Hands-on Support shall be provided for Customer.

(iv) Remote Support: Remote support is available 24 hours a day, 7 days a week.

Remote Device support requires Telnet or SSH connectivity to Device being supported.

(b) Basic Monitoring

Basic up/down monitoring is performed on Customer Device. Up/down status is determined based on ICMP polling which is performed every one (1) minutes. Each up/down test is performed by sending two ICMP packets to the Customer’s Device(s).

If any ICMP packet is returned to the monitoring server in less than two (2) seconds the Customer Device is considered to be up and the network path is considered to be fully available. No alert will be sent.

If neither ICMP packet is returned to the monitoring server then Customer Device will be considered down. An alert will be sent to Single Point Global and/or to an email contact defined by the Customer.

This feature requires ICMP access to the Customer Device. Customer is responsible for working with Single Point Global to ensure that Customer Device responds to ICMP packets.

This feature includes a single up/down test. Additional tests may be available at additional cost.

(c) Network Usage Reporting

Network utilization reports are made available to Customer in the form of a graph. This network utilization graph will be updated based on SNMP polling of the Ethernet switch port directly attached to the Customer Device.

Customer graphs will be updated every five (5) minutes and each value will be an average reflecting the previous five (5) minutes.

This feature requires SNMP read-only access to the remotely manageable switch(es) to which the Customer Device is directly attached. Single Point Global shall be responsible for providing and maintaining the Device configuration required to support this feature. Single Point Global shall not be responsible for any configuration or modifications external to the Device required to support this feature.

This feature includes reporting on up to two (2) interfaces. Additional tests may be available at additional cost. Each interface will be graphed separately.

(d) Operating System Patching

This feature includes the scheduled application of vendor recommended patches to the base Operating System on an “as-needed” basis.

If patches are classified urgent by vendor due to a security risk; or if Customer requests that a patch be classified urgent then Single Point Global will perform an emergency patch during next scheduled Emergency Maintenance window.

Single Point Global will not apply third party patches to Operating System, patches to applications, patches to software or software library patches as part of this Service.

If patching performed during previously agreed upon custom patching schedule and if Customer has agreed upon reboots after patching then Single Point Global shall reboot Device without any further notification to Customer. If patching performed outside of a Scheduled Maintenance window requires a reboot of Customer Device then Single Point Global will make a reasonable effort to contact Customer. If Customer cannot be reached after such reasonable effort then Single Point Global reserves the right to reboot Customer Device without further notification.

Any outage caused by application of operating system patches performed as part of this feature shall not be grounds for any SLA credit. Customer agrees to not hold Single Point Global responsible for any unanticipated side effects or issues caused by this feature.

Customer is responsible for checking status of Device and applications after such patches are applied. Upon discovery by Customer of any abnormality Single Point Global will provide assistance in backing out any such patches. Single Point Global will not be held responsible if patches cannot be backed out or if Customer Device cannot reasonably be returned to a pre-patch state.

Customer has the option to “opt-out” or “opt-in” this particular feature at any time.

(e) Remote Hands

Remote Hands feature is available during standard business hours from 8am to 6pm Eastern Time. This feature does not include any troubleshooting. If troubleshooting is required, then event shall be treated under the terms of the Support feature.

Single Point Global technician will be available to assist Customer with tasks that fall into the category of Remote Hands assistance. Such activities are limited to the list below and may be subject to additional limitations defined below.

• Hard or soft reboot requests
• Crash cart requests
• Cable moves

This feature has a one (1) business hour response time. Response time is measured as the time elapsing between initial customer request and first Single Point Global response to the request. Response to the service request shall be considered any communication between Single Point Global and the Customer relating to the service request and may not be inclusive of the successful completion of the service request.

This feature is only available on Devices located in a Single Point Global Datacenter facility.

(i) Hard/Soft Reboots

Customer can submit a reboot request to Single Point Global. If Single Point Global has management access to Customer Device a soft reboot will be attempted. This soft reboot may be attempted via remote management access to the Device or via a directly attached crash cart workstation.

If soft reboot is unsuccessful and if Single Point Global has physical access to Device then Single Point Global will attempt a hard reboot by manually power cycling the Device using the power button on the Device or by cycling power to the Device using a manageable power strip or by cycling power to the Device by removing the power cables feeding the Device.

Single Point Global is not responsible for data loss or damage caused by Hard/Soft Reboots so requested by Customer. If Customer does not wish Single Point Global to attempt a hard reboot then they must state so during the initial reboot request.

(ii) Crash Cart Requests

Customer can submit a crash cart request to Single Point Global. Single Point Global will provide a laptop or computer with USB and DB-9 serial ports. Single Point Global will provide serial console, USB or Ethernet cables necessary to access Device. Customer bears responsibility for providing any equipment required to successfully provide crash cart services beyond the list above.

Single Point Global will insert or remove storage media from Device at the request of Customer. This is limited to USB or flash card-based storage or hot-swappable components. Internal components such as RAM, flash or co-processors that require any disassembly of Device will not be covered by this feature.

Customer will be responsible for providing any software required to successfully fulfill Crash Cart Requests. Single Point Global reserves the right to refuse to Services a Crash Cart Request if it reasonably believes that Customer is attempting to install illegal or unlicensed software.

Single Point Global is not responsible for data loss or damage caused by crash cart requests requested by Customer. Crash cart requests are only available in equipment serviced directly in a Single Point Global supported datacenter.

(iii) Cable Moves

Customer can submit a Cable Move request to Single Point Global. Single Point Global technician will move a cable within a Customer’s rack. Single Point Global is not responsible for any outage caused by such a request.

Cable Move requests do not include termination or structured cabling assistance. Single Point Global reserves the right to refuse to perform any Cable Move request for reasons such as, but not limited to: lack of suitable patch cables, inability to gain reasonable access to customer equipment, lack of understanding of Customer request or request involving something other than pre-manufactured cabling.

Device Management – Standard Features

Features defined in this section have relevance with all Device Management packages.

(a) Support

For devices running configurations created and approved by Single Point Global support of the configuration will be provided as part of this Service.

Single Point Global must review and approve configurations created by a third party. For configurations so reviewed and approved Single Point Global will support the operation of device.

This feature does not include modification of device configurations. For Single Point Global Services that require Device configuration changes Single Point Global shall make such configuration changes as part of the terms of those Services.

Single Point Global shall be the sole party responsible for determining which configuration changes shall be allowed and performed under the terms of this feature.

This feature is intended to support functionality of Single Point Global Services. Advanced functionality or support is not provided with this feature. Single Point Global shall be the sole party responsible for defining which issues shall be classified as incidents and treated based on the “Incident Support” feature.

Certain types of support shall always be classified and treated under the terms of the “Incident Support” feature. For Device Management – Standard this list includes but is not limited to:

• Engineering Design
• Carrier technologies (MPLS, VPLS, AtoM)
• Single Point Global Equipment replacement or upgrade (except under Hardware Replacement feature)

Single Point Global has the right to modify or make exceptions to this list at any time. Past exceptions do not grant or imply a future exception.

(b) Incident Support

Incident support is defined under the “Services Support” section elsewhere in this agreement.

No free incidents are included with this tier of service. Additional per incident support is available at hourly rates.

(c) Configuration Backups

This feature includes backup of basic Device configuration whenever a Managed Change to the configuration is made.

This feature does not include backup of configuration changes made by a party other than Single Point Global.

Configuration backups will not protect applications or external systems related to Device. Examples include but are not limited to:

• SSL VPN configurations
• Active Directory or RADIUS account information

Configurations backed up by this feature will be made available to Customer only after proper verification of CPNI information.

Device Management – Premium Features

Description of the features below in no way entitles Customer to any particular feature. Features only have relevance with the Premium management package. The Premium management package is inclusive of all features defined within the Standard Device management package.

(a) Support

Feature includes all capabilities of Device Management – Standard support.

Additionally, Premium support includes configuration assistance on Device. Configuration changes include but are not limited to:

• IP changes (routing, renumbering, VLAN)
• ACL/Firewall modifications
• Account administration

Single Point Global has the right to modify or make exceptions to this list at any time. Past exceptions do not grant or imply a future exception.

This feature does not include Engineering design services. Customer shall be responsible for any Engineering design services that may require to make configuration changes. Single Point Global shall be the sole party responsible for determining if Engineering design is required to make configuration change.

If Engineering design services are provided by third party Single Point Global may require documentation and approval of such changes from Customer and/or third party before performing such changes.

(b) Incident Support

Incident support is defined under the “Services Support” section elsewhere in this agreement.

No free incidents are included with this tier of service. Additional per incident support is available at hourly rates.

(c) Component Monitoring

SNMP monitoring of Device hardware or software components are performed on Customer Device. Component tests will be performed every five (5) minutes. Each component test is performed by performing an SNMP poll of a specific OID and comparing the result of that SNMP poll to specific values on the Device’s database.

Example components are as follows:

• CPU
• Hard drives
• Power supplies
• Services status

If the component test reports success the component is considered to be fully available. No alert will be sent.

If the component test reports a degraded condition the component is considered to be degraded. An alert will be sent to Single Point Global and/or to an email contact defined by the Customer.

If the component test fails, reports an unknown condition or reports a down condition the component is considered to be down. An alert will be sent to Single Point Global and/or to an email contact defined by the Customer.

This feature may require the installation of additional software on the Customer Device and requires remote network access to this software running on the Customer Device. Customer is responsible for working with Single Point Global to ensure that the software can be successfully installed on the Customer Device and that this software responds properly to component tests.

This feature is subject to compatible SNMP OID. If SNMP OID is not available then component test may not be possible.

This feature includes up to five (5) component tests. Additional tests may be available at additional cost.

(d) Component Usage Reporting

Component utilization reports are made available to Customer in the form of a graph. These component utilization graphs will be updated based on SNMP polling of the Customer Device.

Customer graphs will be updated every five (5) minutes and each value will be an average reflecting the previous five (5) minutes.

This feature will require the installation of additional software on the Customer Device and requires remote network access to this software running on the Customer Device. Customer is responsible for working with Single Point Global to ensure that the software can be successfully installed on the Customer Device and that this software responds properly to component tests.

This feature is subject to compatible SNMP OID. If SNMP OID is not available then component usage reporting may not be possible.

This feature includes reporting on up to five (5) components. Additional tests may be available at additional cost.

(e) Configuration Backups

This feature includes backup of basic Device configuration on a daily basis.

This feature includes backup of configuration changes made by a party other than Single Point Global.

Configuration backups will not protect applications or external systems related to Device. Examples include but are not limited to:

• SSL VPN configurations
• Active Directory or RADIUS account information

Configurations backed up by this feature will be made available to Customer only after proper verification of CPNI information

Services Support

(a) Authorized Contacts

Single Point Global provides reliable and secure managed services by requiring technical support and information requests come only from documented, authorized client-organization contacts. Additionally, in compliance with federally regulated CPNI (Customer Proprietary Network Information) rules, a customer contacting Single Point Global to request an add, move, or change and/or to request information on their account, must provide Single Point Global representative with customer’s Code Word. Code Word is not required or verified to open trouble tickets related to service issues, however, any subsequent information/updates or authorization of intrusive testing related to the trouble ticket will require the Code Word.

Customer shall provide a “contact list” which will contain one (“1”) Administrative contact and may contain up to three (“3”) Technical contacts per service. Administrative and Technical contacts are authorized to request service changes or information, including the contact name, contact e-mail address and contact phone number for each contact but must provide customer Code Word for any CPNI related requests. Requests to change a contact on the list or to change the Code Word must be submitted by the Administrative contact. Requests to replace the Administrative contact shall be submitted via fax to Single Point Global on customer company letterhead. All requests are verified per procedure below.

• Requests for CPNI, configuration information or changes are accepted only from documented, authorized client-organization contacts via e-mail or phone and will require Customer’s Code Word. E-mail requests must be submitted without the Code Word. Customer contact will be called to verify Code Word. E- mail requests that include the Code Word will be denied and the client Administrative Contact will be notified and required to change the Code Word.
• E-mail requests are verified with a phone call to the documented client contact. Phone call requests must be validated with an e-mail request from a documented client contact.

(b) Helpdesk

Customers must contact Single Point Global Support to report service trouble or an outage with Single Point Global Technical Support. Single Point Global Technical Support will be available seven (7) days per week; twenty-four (24) hours per day; three hundred sixty-five days (365) days per year. Single Point Global Technical Support provides support for network monitoring, trouble ticket resolution, and fault isolation up to the termination Single Point Global Equipment.

Single Point Global Technical Support will accept trouble and outage related support calls from any customer representative. Single Point Global will not perform any requested activity which may cause Services disruption or perform any changes to Services unless request is initiated by an Authorized Contact. Single Point Global reserves the right to delay response on support tickets opened by anyone other than the Authorized Contact.

Communication between Customer and Single Point Global not initiated by Authorized Contact will not be subject to SLA remedies.

All communications with Customer will be in the English language.

(c) Incident Support

Incident based support is available 24 hours a day, 7 days a week.

This feature has a thirty (30) minute response time. Response time is measured as the time elapsing between initial customer request and first Single Point Global response to the request. Response to the service request shall be considered any attempted communication between Single Point Global and the Customer relating to the service request and may not be inclusive of the successful completion of the service request.

This feature is intended to support basic functionality of Device hardware and Operating System. Advanced functionality and application level support may not be available with this feature. Single Point Global shall be the sole party responsible for defining which issues are unsupportable.

An incident is defined as a single issue or request that the Customer requires assistance with. Multiple requests or issues within a single ticket will be treated as unique incidents. Single Point Global will be responsible for notifying Customer that request will be classified as an incident. After such notification Customer has the right to request that all further troubleshooting or work on request be halted and that the ticket be closed. Tickets so closed will not be subject to further charge nor will they be counted against the included incidents in the Managed Device Support product. If the Customer does not request a halt to all troubleshooting and/or work relating to a service request then Customer assumes all responsibility for the escalation of the service request to “incidental” status.

Each incident shall have a maximum of one (1) hour of Single Point Global time included. Single Point Global reserves the right to treat each one (1) hour spent supporting an incident as a new incident.

Incident support includes no warranty or representation to support beyond that which is afforded by a Single Point Global representative providing advice to Customer. This includes but is not limited to hardware replacement, software replacement, vendor warranties, vendor support calls, programming assistance, project management nor additional product features.

(d) Support Limitations

Single Point Global Technical Support is not responsible for end-user support of issues not directly related to Service. This includes (but is not limited to) Customer operating systems, Customer equipment, or Customer application support.

(e) Monitoring

Single Point Global performs monitoring of Services availability. If Services is unavailable Single Point Global support personnel are notified immediately and will begin efforts to restore service.

(f) Notifications

If requested by Customer Single Point Global will notify Customer within sixty (60) minutes of a Services outage via e-mail (to pager) notification Services. An outage is defined as any fifteen (15) consecutive minutes where the Services is unavailable. Customer is responsible for providing their own pager(s), a suitable e-mail-pager gateway, and up to two (2) corresponding e-mail addresses.

(g) Maintenance

Customer is responsible for maintaining and updating Authorized Contact list with Single Point Global. Single Point Global will not be held responsible for maintenance notifications missed due to out-of-date Authorized Contact information.

(h) Scheduled Maintenance

Maintenance window for disruptive work to Services will be limited 12:00 A.M. to 4:00 A.M., Eastern Time any day with requirement of one (1) calendar week notification to Customer prior to maintenance.

Single Point Global will send an e-mail notification of such disruptive maintenance to Services to Authorized Contacts of Customer. Once notification is sent to Customer this will be considered a “Scheduled Maintenance”. Any Services SLAs will NOT apply during a Scheduled Maintenance.

(i) Emergency Maintenance

Single Point Global reserves the right to perform emergency Services maintenance as needed outside the Scheduled Maintenance window, in which case Single Point Global will make a reasonable effort to notify the Customer if feasible under the circumstances. Any such maintenance will be considered an “Emergency Maintenance”. All Services SLAs will apply during Emergency Maintenance.

(j) Backup and Recovery

Single Point Global will provide backup of Device as per the terms of the specific Services being provided to Customer.

Configuration backups will not protect applications or external systems related to Device. Examples include but are not limited to:

• External computers, servers, workstations or mobile devices
• Customer data
• SSL VPN configurations
• Active Directory or RADIUS account information

Configuration backups will not protect devices which are not covered by Service. Customer is responsible for maintaining Services on all Devices in a common cluster. Single Point Global reserves the right to deny recovery assistance if Customer has only purchased Services for one device out of a cluster of similar devices. Examples include but are not limited to:

• Purchasing service on one Device of a redundant pair
• Purchasing service on one switch in a StackWise cluster

Recovery assistance shall include installation of base operating system software and reapplication of last Device configuration that has been successfully backed up.

Execution of Disaster Recovery for this Services is further defined in Single Point Global’s Customer Operations Recovery Plan.

(k) Changes

Single Point Global reserves the right to bill Customer for Services changes or reconfigurations requested by Customer that exceed the scope of the managed Services or for Services changes that Single Point Global must undertake due to changes initiated by the Customer such as, but not limited to:

• Customer initiated request to move Single Point Global equipment to a different physical location
• Customer request to configure Services for their benefit and not specifically tied to delivery of Single Point Global service. For example:
  • Turning up a port for customer managed gear
  • Activating a feature or function not required to deliver Service
  • Enhancing or extending Services for the sole benefit of Customer

SCHEDULE A-2
SERVICE LEVEL AGREEMENT

General

Single Point Global will be the sole party to determine whether Single Point Global has not met any of the Services Level Agreements (SLA) specified herein. Single Point Global reserves the right to change or discontinue any or all of the SLAs detailed below at any time without notice to the Customer.

SLAs

Services Level Agreements (or SLAs) define availability, performance and other requirements of Services provisioning and delivery. Remedies for Single Point Global not meeting the requirements are also defined. Customer must at all times cooperate with Single Point Global in testing, determining and verifying that a qualifying Services outage has occurred.

SLA Credit Request Process and Limitations

In order to receive any of the SLA credits (specified herein) for Service, an Authorized Contact must immediately notify Single Point Global Technical Support of an occurrence within the Single Point Global Services that results in the inability of the Customer to access Services (“Services Outage”). A Services Outage does not include an outage that occurs during Scheduled Maintenance.

Single Point Global Technical Support will investigate the reported outage and assign a Trouble Ticket number. Once Single Point Global determines that the substantiated Services Outage that could qualify Customer for the SLA credit occurred (“Verifiable Trouble Ticket”), then Customer may request a Services Credit within 30 days after the event giving rise to the credit by contacting Single Point Global Technical Support and asking for an SLA credit escalation. A Verifiable Trouble Ticket must accompany Customer’s request for any SLA credit regarding the Services purchased by Customer. Credits should appear on Customer’s bill for the Services within two (2) billing cycles, after such SLA credit has been approved by the Single Point Global representative.

In any calendar year, Customer’s aggregated SLA credits may not exceed, for any Service, two (2) months’ worth of the recurring monthly Services fee for the affected Service. 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.

SLA Exclusions

SLAs do not apply and Single Point Global is not responsible for failure to meet an SLA resulting from:

• Misconduct of Customer or users of Service.
• Failure or deficient performance of power, Single Point Global Equipment, Services or systems not provided by Single Point Global.
• Delay caused or requested by Customer.
• Services interruptions, deficiencies, degradations or delays due to any access lines, cabling or equipment provided by third parties.
• Services interruptions, deficiencies, degradations or delays during any period in which Single Point Global or its representatives are not afforded access to the premises where access lines associated with Services are terminated or Single Point Global Single Point Global Equipment is located.
• Services interruptions, deficiencies, degradations or delays during any period when a Services Component is removed from Services for maintenance, replacement, or rearrangement purposes or for the implementation of a Customer order.
• Customer’s election to not release a Services Component for testing and/or repair and to continue using the Services Component.
• Force Majeure conditions such as fire, explosion, lightning, power surges or failures, strikes or labor disputes, water, acts of god, the elements, war, civil disturbances, terror, acts of civil or military authorities, fuel or energy shortages, acts or omissions of suppliers or other causes beyond Single Point Global’s control, whether or not similar to the foregoing.
• Services interruptions, deficiencies, degradations or delays during any period when a Services Component is removed from Services for maintenance, replacement, or rearrangement purposes by Customer staff.
• Services interruptions, deficiencies, degradations or delays in Services caused by any piece of equipment, configuration, routing event or technology not under the management and control of Single Point Global.
• Failure to adhere to Single Point Global recommended configurations on unmanaged equipment.
• Failure to provide suitable secure environment for on premise devices including but not limited to: secure mounting/racking, appropriate cooling and air handling, secure from theft, loose wires bundled neatly.

In addition, Services SLAs do not apply:

• If Customer is entitled to other available credits, compensation or remedies under Customer’s Services Agreement for the same Services interruption, deficiency, degradation or delay.
• For Services interruptions, deficiencies, degradations or delays not reported by Customer to Single Point Global.
• Where Customer reports an SLA failure, but Single Point Global does not find any SLA failure
• When Services is dependent upon other Services with lower SLA.
• If Customer has over 30 day past due balance on any billing or service with Single Point Global.
• After date of Services contract termination.

If Customer elects to use another provider or method to restore Services during the period of interruption, Customer must pay the charges for the alternative Services used.

Monitoring Service Level

The Monitoring service level is measured from the time an outage is detected by Single Point Global monitoring systems until such outage is reported to Customer by the agreed upon notification method. The service level is considered met once the Single Point Global monitoring system sends a notification to the Customer.

Initial Response Service Level

The Initial Response service level is measured from the time an issue is first reported to Single Point Global by the Customer until such issue has been responded to with an initial email or phone call. Resolution of the issue will not be considered to be part of this service level.

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.