IMPORTANT – READ CAREFULLY: BY CLICKING THE “I agree with the terms and conditions” CHECKBOX, OR BY ACCESSING OR OTHERWISE USING ANY SERVICES PROVIDED BY SWITCH INTERNET SOLUTIONS, YOU EXPRESSLY AGREE TO BE BOUND BY, AND TO ENSURE THAT YOUR EMPLOYEES, AGENTS, AND CONTRACTORS STRICTLY ADHERE TO THIS AGREEMENT (INCLUDING THE AGREEMENT TO ARBITRATE DISPUTES). IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT ACCESS OR USE ANY SERVICES PROVIDED BY SWITCH INTERNET SOLUTIONS.
The Terms of Service, including the Internet Protocol Licensing Agreement and any addenda thereto (collectively, the “Agreement”) is entered into by and between SWITCH INTERNET SOLUTIONS (“SWITCH INTERNET SOLUTIONS”), with its principal place of business at 1401 Pennsylvania Ave., Ste. 105, Box 1711, Wilmington, DE 19806, and you (“Supplier”), as of the date of your electronic sign up on https://switchis.net/ (the “Site”) and agreement to abide by the terms of this Agreement (the “Effective Date”). Each party is individually referred to in this Agreement as a “Party” and collectively as the “Parties.
SWITCH INTERNET SOLUTIONS reserves the right, in its sole discretion, to change, modify, add, or delete portions of the Agreement at any time without notice by posting the changes. The date of the last update will be listed at the top of this page. Supplier’s continued use of the Services or Site after any such changes constitutes Supplier’s acceptance.
In consideration of the benefits and obligations exchanged in this Agreement, the Parties agree as follows:
a. “Agreement” means these Terms of Service, including the Internet Protocol Licensing Agreement, any addenda thereto.
b. “Confidential Information” means all nonpublic information disclosed by a Party to the other Party, after the Effective Date of this Agreement, that the receiving Party should reasonably understand to be confidential, including the specific terms of the Order Form, and any other proprietary information of a Party, whether communicated in writing or orally. Confidential Information does not include information that: i) was already known to the receiving Party, other than under an obligation of confidentiality, at the time of disclosure; ii) was generally available to the public or otherwise part of the public domain at the time of its disclosure to the receiving Party; iii) became generally available to the public or otherwise part of the public domain after its disclosure and other than through any act or omission of the receiving Party in breach of this Agreement; iv) was disclosed to the receiving Party other than under an obligation of confidentiality, by a third party who had no obligation to not disclose such information; and/or v) information independently developed without any reference to Confidential Information.
c. “Fees” means the applicable fees listed in an Order Form agreed upon by the Parties, or as otherwise agreed upon by the Parties.
strong>d. “Intellectual Property” means all patents, patent rights, inventions (whether patentable or not) design rights, copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, know-how and trade secret rights, and all other intellectual property rights and derivatives thereof.
e. “IPs” means the Internet Protocol addresses that are leased by Supplier to SWITCH INTERNET SOLUTIONS pursuant to this Agreement.
f. “Order Form” means any separate order form agreed upon by the Parties, which details the Fees, IPs, and any additional terms regarding the specific Services. All terms of this Agreement are incorporated into any subsequent Order Form.
g. “Site” means https://switchis.net.
h. “SWITCH INTERNET SOLUTIONS” means SWITCH INTERNET SOLUTIONS.
i. “SWITCH INTERNET SOLUTIONS Services” means SWITCH INTERNET SOLUTIONS’ leasing of IPs from Supplier, its provision of the Site, and any additional services agreed upon by the Parties.
j. “Supplier” refers to you.
k. “Supplier Data” means any data, information, files, communications, or material which Supplier sends to SWITCH INTERNET SOLUTIONS directly, or transmits through the Site or Services.
l. “Supplier’s Services” means Supplier’s provision and licensing of IPs to SWITCH INTERNET SOLUTIONS pursuant to this Agreement.
1. Limited License. Supplier grants SWITCH INTERNET SOLUTIONS a limited, worldwide, revocable, non-exclusive, non-transferable, and sublicensable right and license to utilize the IPs specified in the Order Form and which are provided hereunder for its business purposes. SWITCH INTERNET SOLUTIONS acknowledges and agrees that it is only acquiring a limited, revocable license to use and sublicense the IPs and shall acquire no ownership or other rights to the IPs other than those expressly granted herein, and that Supplier will retain all other rights, title, and interest in and to the IPs.
2. Payment. Any specifics regarding the IPs, including but not limited to the quantity of IPs, applicable license fee(s), block numbers, domain restrictions, and any other criteria will be detailed on a separate Order Form.
3. Term and Termination. Unless otherwise agreed upon by the Parties, the term of this Agreement shall commence on the Effective Date and continue until terminated by either Party. Unless otherwise stated on an Order Form, all licenses are granted are on a monthly basis and will automatically renew for subsequent monthly terms unless written notice of termination is provided at least two (2) business days prior to the expiration of any monthly term. In addition, SWITCH INTERNET SOLUTIONS may terminate the Agreement: (a) for any reason by providing Supplier with at least thirty (30) days prior written notice, with termination effective thirty (30) days after the notice is given; or (b) immediately, if in SWITCH INTERNET SOLUTIONS’ sole discretion, Supplier has breached any provision of this Agreement, or SWITCH INTERNET SOLUTIONS is otherwise required by law to do so. Notice may be given to Supplier at the email address provided at the time of its sign-up for the Services, or as otherwise noted on the Order Form. Upon termination of this Agreement for any reason, the license will automatically terminate, and SWITCH INTERNET SOLUTIONS will return control of all of the IPs to Supplier.
4. Supplier’s Representations and Warranties. Supplier represents and warrants that it has the full legal authority to enter into this Agreement. Supplier further represents and warrants that during the course of this Agreement, that it has the legal right to manage the IPs and to license the IPs to SWITCH INTERNET SOLUTIONS. Supplier warrants that it is either the owner of the IPs or has entered into contractual agreements to represent the respective owners (“Supplier Partners”) of the IPs. Supplier further represents and warrants that Supplier and Supplier Partners are and shall remain in compliance with the respective member policies of the Regional Internet Registries, “RIRs” (such as “IANA”, “RIPE”, “APNIC”, “AFRINIC”, “LACNIC”, “ARIN” or other) for the duration of this Agreement and that the IPs have been obtained in compliance with the member policies of RIRs and all applicable laws and regulations. Supplier represents and warrants that no other party has any right or title to such IPs as it has the sole right to manage and license the IPs. Supplier agrees to indemnify and hold harmless SWITCH INTERNET SOLUTIONS from any and all liability, including reasonable attorney’s fees and expenses incurred by SWITCH INTERNET SOLUTIONS as a result of any third party claim that Supplier did or does not have the right to license the IPs or that Supplier or Supplier Partners or Supplier’s Services have breached any of the foregoing representations or warranties or violated any applicable law or regulation.
5. SWITCH INTERNET SOLUTIONS’ Representations & Warranties. SWITCH INTERNET SOLUTIONS represents and warrants that it: a) it has the legal power and authority to enter into this Agreement; b) has the right and authority to make the Services available to Supplier as authorized expressly by this Agreement; and c) will provide the Services in a manner consistent with general industry standards.
6. Use of Identifying Information. Supplier acknowledges and agrees that if SWITCH INTERNET SOLUTIONS reasonably determines that disclosure of Supplier’s personal information or Supplier Data is necessary to comply with any law, rule order, subpoena, civil or criminal investigative request or demand, discovery request or any other legal requirement, or in response to a complaint or inquiry, that SWITCH INTERNET SOLUTIONS may disclose information, including any Confidential Information, to comply with such request.
7. Intellectual Property Ownership. Supplier acknowledges and agrees that SWITCH INTERNET SOLUTIONS owns all right, title, and interest in and to the SWITCH INTERNET SOLUTIONS Services, including, without limitation, any derivatives, improvements, enhancements or extensions conceived, reduced to practice or otherwise developed by SWITCH INTERNET SOLUTIONS, together with all Intellectual Property relating thereto. SWITCH INTERNET SOLUTIONS also expressly reserves any and all rights not expressly and explicitly granted in this Agreement, including, but not limited to, its right to enter into other agreements with other third party customers regarding the SWITCH INTERNET SOLUTIONS Services. This Agreement is not a sale - SWITCH INTERNET SOLUTIONS does not convey any ownership rights to Supplier, including but not limited to, any rights of ownership in the SWITCH INTERNET SOLUTIONS Services and/or any related Intellectual Property. Supplier’s rights hereunder are strictly limited as set forth herein. Supplier acquires no right, title, or interest therein other than the right to use the SWITCH INTERNET SOLUTIONS Services and/or any related Intellectual Property in accordance with this Agreement. Supplier hereby assigns to SWITCH INTERNET SOLUTIONS all right, title and interest in and to any improvements, enhancements, derivations or modifications to the SWITCH INTERNET SOLUTIONS Services developed, in whole or in part, as a result of Supplier’s use of the SWITCH INTERNET SOLUTIONS Services or any ideas, suggestions, feedback, comments, or reports received from Supplier.
8. Confidentiality. Supplier acknowledges that the SWITCH INTERNET SOLUTIONS Services contain valuable trade secrets, Intellectual Property, and Confidential Information, including but not limited to, the architecture and functionality of the SWITCH INTERNET SOLUTIONS Services, and the appearance, organization, design, content, and flow of such. Except as otherwise specified herein, each Party agrees not to share, disclose, or transfer, and not to permit a third party to share, disclose, or transfer any of the other Party’s Confidential Information. The Parties will use reasonable diligence to prevent the unauthorized disclosure, reproduction or distribution of any Confidential Information exchanged hereunder to any third party. In the event that the receiving Party is obligated to produce Confidential Information under applicable law or pursuant to governmental request or order of a court of competent jurisdiction, to the extent it is permitted to do so, it will promptly notify the disclosing Party of such an event so that the disclosing Party may seek an appropriate protective order.
9. Mutual Indemnification. Supplier will indemnify, defend, and hold harmless SWITCH INTERNET SOLUTIONS and its affiliates, and their officers, directors, owners, employees, attorneys, agents, and representatives, from and against any and all claims, costs, damages, losses, liabilities, and expenses (including reasonable attorney’s fees) arising out of or related to: a) Supplier’s breach of this Agreement, including but not limited to any breach of its representations and warranties; b) a claim by a third party alleging that Supplier’s use of the SWITCH INTERNET SOLUTIONS Services violates any applicable law; c) any other claim arising out of or related to Supplier’s use of the SWITCH INTERNET SOLUTIONS Services; d) a claim by a third party alleging that the Supplier’s Services violates any applicable law; and/or e) Supplier’s violation of any applicable law or regulation or right of a third party. SWITCH INTERNET SOLUTIONS will indemnify, defend, and hold harmless Supplier and its affiliates, officers, directors, owners, employees, agents, and representatives, from and against any and all claims, costs, damages, losses, liabilities, and expenses (including reasonable attorney’s fees) arising out of or related to SWITCH INTERNET SOLUTIONS’ breach of this Agreement, including but not limited to any breach of its representations and warranties. In any instance of indemnification, the indemnified Party will promptly give the indemnifying Party prompt written notice of the claim, allow the indemnifying Party sole control of the defense and settlement of the claim; and provide the indemnifying Party with all available information and assistance.
10. Disclaimer of Warranties. THE REPRESENTATIONS AND WARRANTIES PROVIDED IN THIS AGREEMENT ARE SWITCH INTERNET SOLUTIONS’ COMPLETE AND EXCLUSIVE REPRESENTATIONS AND WARRANTIES. SWITCH INTERNET SOLUTIONS DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES AND GUARANTIES OF ANY KIND. EXCEPT AS PROVIDED HEREIN, THE Services AND any Intellectual Property ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. SWITCH INTERNET SOLUTIONS MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SWITCH INTERNET SOLUTIONS SERVICES; TITLE OR NON-INFRINGEMENT OR THIRD PARTY RIGHTS; ANY IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE THAT THE USE OF THE SWITCH INTERNET SOLUTIONS SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE; THAT THE SWITCH INTERNET SOLUTIONS SERVICES WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA; THAT THE SWITCH INTERNET SOLUTIONS SERVICES WILL MEET SUPPLIER’S REQUIREMENTS OR EXPECTATIONS; THAT THE SWITCH INTERNET SOLUTIONS SERVICES ARE ERROR FREE OR THAT ERRORS OR DEFECTS WILL BE CORRECTED; THAT THE SWITCH INTERNET SOLUTIONS SERVICES AS USED BY SUPPLIER COMPLY WITH APPLICABLE LAW; OR THAT THE SWITCH INTERNET SOLUTIONS SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SWITCH INTERNET SOLUTIONS DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS SUPPLIER MAY OBTAIN BY USING THE SWITCH INTERNET SOLUTIONS SERVICES. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE ARE MADE BY SWITCH INTERNET SOLUTIONS WITH RESPECT TO THE SWITCH INTERNET SOLUTIONS SERVICES, SUPPLIER’S USE THEREOF, OR ANY OTHER SERVICE PROVIDED UNDER THIS AGREEMENT. SWITCH INTERNET SOLUTIONS EXPRESSLY DISCLAIMS ANY INDEMNIFICATION FOR ANY CLAIMS OR ACTIONS BROUGHT AGAINST SUPPLIER BASED ON, OR AS A RESULT OF, OR IN CONNECTION WITH ANY INACURRACY, OMISSION, DEFECT OR MISTAKE IN THE SERVICES, OR SUPPLIER’S USE THEREOF.
11. Limitation of Liability. SWITCH INTERNET SOLUTIONS’ MAXIMUM AGGREGATE LIABILITY TO SUPPLIER FOR ANY CLAIM ARISING OUT OF OR RELATED TO THE SWITCH INTERNET SOLUTIONS SERVICES, UNDER ANY THEORY OF LIABILITY, WILL NOT EXCEED THE AMOUNT PAID TO SUPPLIER IN THE THREE (3) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. SWITCH INTERNET SOLUTIONS WILL NOT BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND ARISING FROM SUPPLIER’S USE THE SWITCH INTERNET SOLUTIONS Services, AND/OR any related Intellectual Property, AND/OR THE RELATIONSHIP OF THE PARTIES. Without limiting the foregoing, SWITCH INTERNET SOLUTIONS shall not be liable for any property damage to SUPPLIER, or any third party, with respect to the SWITCH INTERNET SOLUTIONS Services AND/OR any Intellectual Property, or SUPPLIER’s use thereof. Without limiting the forgoing, SWITCH INTERNET SOLUTIONS shall not be liable for the loss of any SUPPLIER DATA, image, or other information, or any loss of or damage to any property or equipment, as a result of SUPPLIER’s use of the SWITCH INTERNET SOLUTIONS Services and/OR any Intellectual PropertY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, SWITCH INTERNET SOLUTIONS’ LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW.
12. Export Control. The Parties acknowledge that services are or may be subject to export laws and regulations of the United States and the destination country(ies) and any use or transfer of such must be authorized under all applicable laws. Supplier agrees to comply with the export laws and regulations of the United States.
13. Due Diligence. In order to combat illegal activity, SWITCH INTERNET SOLUTIONS may obtain, verify, perform due diligence checks on Supplier, and retain information and documentation identifying each individual and company licensing IPs, and Supplier acknowledges and authorizes SWITCH INTERNET SOLUTIONS, including its employees, representatives, and agents, to perform such due diligence on Supplier, including obtaining, verifying and retaining Supplier information and documentation. Supplier acknowledges and authorizes SWITCH INTERNET SOLUTIONS, its employees, and agents, to verify any information provided in connection with the IPs and the license granted hereunder, and/or to obtain any information necessary to conduct its own due diligence.
14. Notice. SWITCH INTERNET SOLUTIONS may give notice to Supplier via email sent to Supplier’s email address provided at the time of its sign-up for the SWITCH INTERNET SOLUTIONS Services, or as otherwise noted in an Order Form. Further, unless Supplier opts out, SWITCH INTERNET SOLUTIONS may contact Supplier via email in the future regarding its account, promotions, and related services that may be of interest to Supplier. Supplier may opt-out of receiving promotional email through the opt-out link included in the email, or by sending a request for removal via email to hello@switchis.net. SWITCH INTERNET SOLUTIONS will try to comply with Supplier’s request as soon as reasonably practicable. If Supplier opts-out of receiving promotional emails from SWITCH INTERNET SOLUTIONS, SWITCH INTERNET SOLUTIONS may still send Supplier emails for administrative or other purposes directly relating to the SWITCH INTERNET SOLUTIONS Services.
15. Force Majeure. Neither Party shall be liable for any delays or any failure in performance under this Agreement due to causes beyond the reasonable control of the non-performing Party. Such delays include, but are not limited to, fire, explosion, pandemic, flood or other natural catastrophe, governmental legislation, acts, orders, or regulation, strikes or labor difficulties, to the extent not occasioned by the fault or negligence of the delayed Party. Any such excuse for delay shall last only as long as the event remains beyond the reasonable control of the delayed Party.
16. Relationship of Parties. The Parties are independent contractors and nothing in this Agreement shall be construed as creating a partnership, joint venture, employment, or agency relationship between the Parties. Neither Party shall be entitled to contract on behalf of the other or bind the other Party in any way. Neither Party shall take any action that has the effect of creating the appearance of having such authority.
17. Successors and Assigns. Supplier may not assign this Agreement, or any of its rights or obligations hereunder, without the prior written consent of SWITCH INTERNET SOLUTIONS. However, SWITCH INTERNET SOLUTIONS may assign or delegate any or all of its rights, obligations, or duties under this Agreement without the prior written consent of Supplier. Any purported assignment in violation of this section will be void.
18. Governing Law and Arbitration.
a. Governing law: This Agreement and all rights and obligations hereunder, including matters of construction, validity, and performance, will be governed by and construed in accordance with the laws of the State of Delaware, without regard to principles of conflict of laws.
b. Arbitration: Except for injunctive relief claims, any claim or controversy arising out of or related to this Agreement or the interpretation, making, performance, breach, validity or termination thereof, and/or the use of the Services shall be settled by binding arbitration by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules. Arbitration hereunder shall be conducted by one neutral arbitrator appointed by the AAA. At the request of either Party, the arbitrator will enter an appropriate protective order to maintain the confidentiality of information produced or exchanged in the course of the arbitration proceedings. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. In no event shall the arbitrator have any authority to award punitive or other damages not measured by the prevailing Party’s actual damages, except as may be required by statute. Irrespective of the outcome of arbitration, each Party shall bear its own costs and expenses, including its own attorney’s fees, and an equal share of the arbitrator’s fees and administrative fees of arbitration. The arbitrator shall not determine or award any alternative allocation of costs and expenses, including any attorney’s fees. Notwithstanding the foregoing, any Party may apply to any court with subject matter jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary, without breach of this Section, in connection with any actual, suspected or threatened breach of this Agreement, and the Parties submit to the jurisdiction of any such court in connection with any such application. Any action filed by either Party in any court in violation of this Section should be dismissed pursuant to this Section.
19. Severability. Each provision of this Agreement is intended to be severable and the validity, legality, or enforceability of any provision of this Agreement shall not affect the validity, legality, or enforceability of the remainder of this Agreement. If any provision of this Agreement is held to be invalid or unenforceable, then such provision will be construed to reflect the intentions of the invalid or unenforceable provision, with all other provisions remaining in full force and effect.
20. Waiver. The failure by either Party to enforce any right or provision in this Agreement will not constitute a waiver of such right or provision unless acknowledged and agreed to by the other Party in writing. No claim or right arising out of the breach of this Agreement can be discharged in whole or in part by a waiver or renunciation of such claim or right unless the waiver or renunciation is in writing signed by the aggrieved Party.
21. Amendment. No amendment or modification of any provision of this Agreement shall be effective unless in writing and executed by both Parties.
22. Construction. The headings in this Agreement are inserted for convenience only and will not constitute a part hereof. For purposes of this Agreement: a) any rule of construction to the effect that ambiguities are to be resolved against the drafting Party will not be applied in the construction or interpretation of this Agreement; b) the words “include” and “including” and variations thereof, are not terms of limitation, but rather will be deemed to be followed by the words “without limitation;” and c) references to “dollars” or “$” refer to the lawful currency of the United States.
23. E-Sign Consent. By clicking “I agree with the terms and conditions”, Supplier adopts such as its electronic signature, and consents and agrees that SWITCH INTERNET SOLUTIONS may provide Supplier with electronic communications and disclosures (collectively, “Communications”) via email at Supplier’s email address provided at the time of its sign-up for the SWITCH INTERNET SOLUTIONS Services, or by making them accessible on Site; and that Supplier’s electronic signature on agreements and documents has the same effect as if Supplier signed them in writing. If Supplier wishes to revoke/withdraw its consent at any time, please contact us at hello@switchis.net. Withdrawal of consent may result in termination of Supplier’s access to the Site and/or SWITCH INTERNET SOLUTIONS Services. Any withdrawal will be effective only after a reasonable period of time for SWITCH INTERNET SOLUTIONS to process the withdrawal. As noted above, Supplier is responsible for providing SWITCH INTERNET SOLUTIONS with true and accurate information, including its contact information. To access and retain the Communications, the following are required: computer or mobile device with access/use of the internet or mobile connectivity and an operating system capable of receiving, accessing, and displaying Communications; a supported internet browser; sufficient storage space to save Communications and/or a printer to print them; and a valid email account and software to access such email account. Supplier has the right to receive Communications in paper form. Please contact us at hello@switchis.net to request a paper copy of any Communications at no charge. A request will not be treated as a withdrawal of consent to receive electronic Communications.
24. Entire Agreement. This Agreement comprises the entire agreement between the Parties and supersedes all prior or contemporaneous negotiations, discussions or agreement, whether written or oral, between the Parties regarding the subject matter contained herein. No course of prior dealings between the Parties and no usage of trade shall be relevant to supplement or explain any term used in this Agreement. No amendment or extension of this Agreement shall be binding unless in writing and signed by both Parties.
1. Service availability.
The Supplier’s Technical Support team is the unique point of contact for technical assistance. The Technical Support department may be contacted 24 hours a day / 7 days a week / 365 days a year.
Service availability at the customer’s service demarcation point (server, tunnel) is measured during a calendar month as the ratio (percentage) between the number of hours of Service functioning and the total number of hours of the concerned calendar month (e.g. 720 hours in a 30-day month).
Availability is measured monthly and is calculated on the basis of the Trouble Tickets for that month. Scheduled maintenance shall not be taken into account when calculating the availability of the Service. All maintenance activities shall take place during the maintenance windows and shall be notified in due time (minimum 48 hours in advance).
Availability at the customer's demarcation point is calculated using the following formula:
Availability = [ (24 hrs multiplied by no. of days in a month) minus the Duration of the interruption at the customer's location (in hrs.)] divided by (24 hrs x no. of days in a month)
The minimum monthly availability of the Service provided for by Supplier to the customer demarcation point is 99.75%.
2. Service Credits for the Availability at the Customer's demarcation point
The value of Service Credits for non-compliance with Availability values is defined as a percentage of the monthly charge, calculated exclusive of the charges for the installation of the local access lines and for other options. Credit shall be granted on the following month’s payment.
Should the availability of the Service, in any given calendar month, drop below the value corresponding to the contracted SLA level, the customer shall be entitled to receive Service Credits.
| AVAILABILITY BELOW THE CONTRACTUAL VALUE | SERVICE CREDITS FROM THE MONTHLY FEE |
| 0% < x < 0.5% | 2% |
| 0.5% < x < 1.5% | 4% |
| 1.5% < x < 3.0% | 7% |
| 3.0% < x < 5.0% | 10% |
| 5.0% < x | 15% |
3. Service Repair - Maximum Repair Time
The Service Repair Time is defined as the difference between the moment a default of the CPE Ethernet Interface is reported and the moment the default is repaired.
| SLA PARAMETER | SLA STANDARD |
| Maximum Service repair time | 8 h |
Should the repair time exceed the Maximum Repair Time agreed in the Contract, the customer shall be entitled to receive Service Credits:
| REPAIR TIME | VALUE |
| For each hour outside the service repair time window | 0.5 % |
The amount of contractual penalties for exceeding the Maximum Service Repair Time in a month shall not exceed 20% of the value of monthly fee for the concerned connection.