Description and Objective
Apeiron Data Networking Services will be measured on the basis of network availability, network latency, network packet loss and cumulative internet service availability. Target values and performance metrics amongst these categories
will be defined herein as well as measurement methodologies, exclusions, and description of Customer recourse.
Methodology
The application of these measurements and metrics with regards to service measurements will be defined and applied on a Service Category basis.
SLA Service Categories include:
- Apeiron Private IP Network services
- Apeiron Internet Access Services
Service Categories
Apeiron Private IP Network SLA
Apeiron Private IP Network SLA is applied to Private Line, Multiprotocol Label Switching (MPLS) and other Private IP transport network connections delivered from Apeiron to Customer.
Measurements
Network Availability
Apeiron Point of Presence (POP) on the Private IP Backbone Network shall be Available 99.99% of the time in delivering traffic to/from other Apeiron Point of Presence (POP) and customer locations on the Private IP Backbone measured
over a calendar month.
The availability of the service shall be calculated at the end of each month
in accordance with the following formula:
MA = ((MM–EM-OM) / (MM-EM)) * 100
Where:
- MA = Availability of the service for month
- MM = Total minutes in month
- EM = Excluded minutes in the month
- OM = Outage minutes in the month
Customer shall be entitled to one (3) day’s credit pro-rated from the
Customer’s Recurring Monthly Service Fees for Private IP network services
if APEIRON fails to meet the aggregate Network Availability guarantee
during any calendar month.
Exclusions: Any calculation of Network Availability shall not include any unavailability resulting from (a) scheduled Network maintenance; (b) the occurrence of a Force Majeure event, (c) unavailability of an APEIRON Virtual POP; (c)
the failure of non-service impacting equipment or systems responsible for network measurements; (d) the failure or malfunction of Customer Provided Equipment (CPE), or (e) impact to customer traffic due to Customer Provided Equipment
(CPE) configuration changes initiated by Customer.
Network Availability will be measured using the Apeiron Network Monitoring System (NMS) once Customer reports a Service Outage to APEIRON via a trouble ticket.
Network Latency
Apeiron’s aggregate monthly average, roundtrip POP-to-POP latency on
the Private IP Backbone Network shall be 110 milliseconds or less between
Apeiron POP locations and Customer CPE.
Aggregate monthly roundtrip latency shall be calculated based on the
geometric mean of regular measurement samples between Apeiron POPs
and customer endpoints within the contiguous forty-eight (48) States of the
USA.
Customer shall be entitled to one (1) day’s credit pro-rated from the
Customer’s Recurring Monthly Service Fees if Apeiron fails to meet the
aggregate Network Latency Guarantee during any calendar month.
Exclusions: Any calculation of Network Latency shall not include any failure attributable to (a) scheduled Network maintenance; (b) the occurrence of a Force Majeure event; (c) the failure of non-service impacting equipment or systems
responsible for network measurements; (d) the failure or malfunction of Customer Provided Equipment (CPE), or (e) impact to customer traffic due to Customer Provided Equipment (CPE) configuration changes initiated by Customer.
Network Latency will be measured using the Apeiron Network Monitoring System (NMS) once Customer reports a Service Impact to APEIRON via a trouble ticket.
Network Packet Loss
Apeiron aggregate monthly average packet loss between Apeiron POPs on
the Private IP Backbone shall not exceed 0.1%.
Packet Loss shall be calculated based on the arithmetic mean of aggregate
monthly measurements between Apeiron POPs and Customer endpoints
within the forty-eight (48) States of the USA.
Customer shall be entitled to one (1) days credit pro-rated from the
Customer’s Recurring Monthly Service Fees if APEIRON fails to meet the
aggregate Network Packet Loss SLA during any calendar month.
Exclusions: Any calculation of Network Packet Loss shall not include any failure attributable to (a) scheduled Network maintenance; (b) the occurrence of a Force Majeure event; (c) the failure of non-service impacting equipment or
systems responsible for network measurements; (d) the failure or malfunction of Customer Provided Equipment (CPE), or (e) impact to customer traffic due to Customer Provided Equipment (CPE) configuration changes initiated by Customer.
Apeiron Internet Access Service SLA
Apeiron Internet Access Services Service Level Agreement (SLA) is applied to public internet network access delivered by the Apeiron platform.
Measurements
Internet Service Availability
APEIRON’s Internet Access Service will be available to Customer 99.95%
of the time in a calendar month. Service Unavailability exists when a
particular Customer’s Internet connection is unable to transmit and
receive IP Packets to/from On Net/Off-VPN hosts.
An On-Net/Off-VPN host is defined as any Layer 3-enabled equipment owned and operated by APEIRON that responds to Internet Control Message Protocol (ICMP) commands such as PING or TraceRoute.
Service Unavailability is measured from the time On-Net/Off-VPN hosts stop responding, to the time Customer’s impaired internet service is again able to transmit and receive IP Packets from Apeiron On-Net/Off-VPN hosts. Service
unavailability is measured by the Apeiron Network Monitoring System (NMS) in response to trouble ticket opened by Customer.
If Apeiron fails to meet the above Internet Service availability SLA, the
credit for each cumulative hour of Service Unavailability, exceeding the
initial twenty (20) minutes of unavailability per month, shall be one (1)
day’s credit pro-rated from Customer’s Recurring Monthly Service Fees for
the impaired Internet Access Service, not to exceed a total of seven (7)
day’s prorated recurring monthly service charges. For example, the
Customer would be eligible for credits as follows:
Cumulative Service Unavailability |
Customer Credit # Days |
≤ 20 min. |
0 |
> 20 min. and ≤ 1 Hour |
1 |
> 01 Hour and ≤ 2 Hours |
2 |
> 02 Hours and ≤ 3 Hours |
3 |
> 7 Hours and ≤ 8 Hours |
7 |
Credits will not be applied to customer account due to Service
Unavailability resulting from (a) scheduled Network maintenance; (b) the
occurrence of a Force Majeure event; (c) customer owned premise
equipment issues*; (d) problems isolated to the Local Access Transport
and Packet Switching facilities connecting the Apeiron POP to the
customer’s premise*; or (e) transmission errors across the portion of the
Internet which is off-net to TNCnet.
Terms and Definitions
Scheduled Network Maintenance
Scheduled Network Maintenance refers to upgrades or modifications to network equipment software, network equipment hardware, or Network capacity. Scheduled Network Maintenance may temporarily degrade the quality of APEIRON’s
Internet Service, including the possibility of short duration outages. Such effects related to Scheduled Network Maintenance shall not give rise to service credits under this SLA. Scheduled Network Maintenance shall be undertaken only
on Tuesday and Thursday mornings between the hours of 2:00AM and 5:00AM Central Time in the United States independent of the local time zone of each respective Apeiron Point-of-Presence (POP). Apeiron shall attempt to provide Customer
at least seven (7) calendar days prior notice of Scheduled Network Maintenance activity which has a high likelihood of impairing Customer’s services. If APEIRON’s Scheduled Network Maintenance is canceled or delayed, APEIRON
shall promptly notify Customer and shall comply with the provisions of this Section to reschedule any delayed maintenance activity. APEIRON reserves the right to change Scheduled Network Maintenance dates & times upon 30 days
notification to Customer.
Emergency Network Maintenance
Emergency Network Maintenance refers to efforts to correct network
conditions that are likely to cause a material Service outage and that
require immediate action. Emergency Network Maintenance may
temporarily degrade the quality of Apeiron’s Services, including the
possibility of short-duration outages. Such effects related to Emergency
Network Maintenance shall entitle Customer to service credits as set forth
in this SLA if and only if service degradation or loss-of-service occurs
outside of Scheduled Network Maintenance time windows identified in
Scheduled Maintenance. APEIRON may undertake Emergency Network
Maintenance at any time deemed necessary and shall provide notice of
Emergency Network Maintenance to Customer as soon as is commercially
practicable under the circumstances.
FORCE MAJEURE
Neither Apeiron nor Customer shall be responsible for damages or for
delays or failures in performance resulting from acts or occurrences
beyond their reasonable control, including without limitation: fire,
lightning, explosion, power surge or failure, water, acts of God, war,
revolution, civil commotion or acts of civil or military authorities or public
enemies; any law, order, regulation, ordinance, or requirement of any
government or legal body or any representative of any such government or
legal body; or labor unrest, including strikes, slowdowns, picketing or
boycotts; inability to secure raw materials, transportation facilities, fuel or
energy shortages, or acts or omissions of other common carriers.