iPath, LLC - Service Level Agreements for Data Services
  1. Provisioning Guarantee and Remedy for Failure


    1. iPath, LLC (“iPath”) represents and warrants that new user accounts will be activated (meaning made available for use by user) within twenty-four (24) hours of customer due date for installing new services.


    3. If iPath fails to comply with the Provisioning Guarantee set forth in Section I.A above, iPath will grant to Client a credit equal to the account set-up fee for each violation of the guarantee.


  3. Service Level Agreements for Data Service


    1. Protected Data Service Guarantees


      1. Network / Circuit Availability Guarantee

        NetPro represents and warrants that the NetPro’s network circuits will be available to send and receive data communications ninety-nine and nine-eight one hundredths percent (99.98%) of the time, as measured over any one (1) calendar month during the Term of this Agreement.


      3. Mean Time to Restore Guarantee

        iPath represents and warrants that (a) it will respond within thirty (30) minutes and (b) data service will be restored within four (4) hours for equipment failures.


      5. Latency Guarantee

        iPath represents and warrants that the average round-trip transmission time for all network traffic will not exceed eighty (80) milliseconds edge-to-edge within the iPa network as measured over one (1) calendar month.


      7. Packet Loss Guarantee

        iPath represents and warrants that the average round trip packet loss will not exceed one percent (1%) edge-to-edge within iPath's network, as measured over one (1) calendar month.


    3. Data Service Remedies and Credits


      1. Network/Circuit Availability Remedies and Credits

        In the event that iPath fails to comply with the Network/Circuit Availability guarantee provided in Section II.A.1, Client may request, and iPath shall grant, credit against the one (1) relevant month’s charges based on the discount scale provided in the chart below. Such credits shall be credited against the following month’s service invoice or shall be paid directly to Client if the Agreement has terminated.

        Average Monthly Uptime(Measured One (1) Calendar Month)

        Credit (against average Charges for Services for one month during the relevant one (1) calendar quarter)

        99.97-99.88%

        2%

        99.87-99.78%

        4%

        99.77-99.68%

        6%

        99.67-99.58%

        8%

        99.57-99.48%

        10%

        99.47-99.38%

        12%

        99.37-99.28%

        14%

        99.27-99.18%

        16%

        99.17-99.08%

        18%

        99.07-99.98%

        20%


        In the event that average monthly uptime (as measured over a calendar quarter) is less than ninety-five percent (95%) for two (2) consecutive months in any three (3) consecutive month period, Client shall have a right to terminate this Agreement on thirty (30) days’ notice to NetPro.



      3. Mean Time to Restore Remedies and Credits.

        In the event of a failure by iPath to comply with the Mean Time to Restore guarantee provided in Section II.A.2, Client may request, and NetPro shall grant, credit against the one (1) relevant month’s charges based on the discount scale provided in the charts below. Such credits shall be credited against the following month’s service invoice or shall be paid directly to Client if the Agreement has terminated. If during any month there is a situation where a 100% credit is applied, Client may elect to cancel service without liability and change service to a third party.

        DURATION OUTAGE CREDITS FOR DATA TRANSPORT SERVICES

        Length of a single Service Outage

        Credit expressed as a percentage of the Monthly Fee for the next one month period with respect to such Segment.

        10-30 minutes

        5%

        31-60 minutes

        10%

        61-120 minutes

        25%

        120-240 minutes

        50%

        241 minutes or greater

        100% and Client may terminate Service for the Segment without penalty



        REPEATED OUTAGE CREDITS FOR DATA TRANSPORT SERVICES

        Number of Client Reported Service Outages in excess of two (2) minutes during a one-month period on a Segment

        Credit expressed as a percentage of the Monthly Fee for the next one month period with respect to such Segment

        3rd such Service Outage

        5%

        4th such Service Outage

        10%

        5th such Service Outage

        100% and Client may terminate Service for the Segment without penalty


      5. Latency Remedies and Credits

        In the event that the iPath fails to comply with the Latency guarantee provided in Section II.A.3, Client may request, and iPath shall grant, credit against the relevant month’s charges based on the discount scale provided in the chart below. Such credits shall be credited against the following month’s service invoice or shall be paid directly to Client if the Agreement has terminated.

        Average Round-Trip packet transmission Time edge-to–edge on Service Provider Network(Measured Over One Month)

        Credit (against revenue earned from the Services in such month as measured during the month)

        81 mlsec to 90 mlsec

        2%

        91 mlsec to 100 mlsec

        4%

        101 mlsec to 110 mlsec

        6%

        111 mlsec to 120 mlsec

        8%

        121 mlsec to 130 mlsec

        10%

        131 mlsec to 140 mlsec

        12%

        141 mlsec to 150 mlsec

        14%

        151 mlsec to 160 mlsec

        16%

        From 161 mlsec to 300 mlsec

        Proportionately from 16% to 100%



        In the event that there occurs a chronic failure in respect to Latency (meaning that Service Netpro fails to deliver a round trip packet transmission time for all network data in under an average of 300 milliseconds for any two (2) consecutive one (1) month period), Client may terminate this Agreement (without further obligation to iPath except for the obligation to make payments for Services provided to the date of termination, less any credits due hereunder) on thirty (30) days’ notice to iPath.



      7. Packet Loss Remedies and Credits

        In the event that iPath fails to comply with its Packet Loss guarantee provided in Section II.A.4, iPath will grant to Client, credit against future charges based on the following discount scale:

        Average Monthly Packet Loss

        Credit (against average Charges for Services for one month during the relevant calendar quarter)

        1.0 – 1.10%

        1%

        1.11 – 1.20%

        2%

        1.21 – 1.30%

        3%

        1.31 – 1.40%

        4%

        1.41 – 1.50%

        5%

        1.51 – 1.60%

        6%

        1.61 – 1.70%

        7%

        1.71 – 1.80%

        8%

        1.81 – 1.90%

        9%

        1.91 – 2.0%

        10%

        From 2.10% to 3.0%

        Proportionately from 20% to 100%



        In the event that average monthly packet loss (as measured over a calendar quarter) exceeds three percent (3%) for two (2) consecutive months in any three (3) consecutive month period, Client shall have a right to terminate this Agreement on thirty (30) days’ notice to iPath.

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