Metanet
Service Level Agreement
For Access Services
Metanet shall provide Dedicated Access Customers with Service Credit if Metanet fails to meet its stated
Installation Guarantee, Network Availability Guarantee, Outage Notification Guarantee, Internet Latency
Guarantee and/or Packet Loss Guarantee, as defined in this Service Level Agreement (“SLA”). This SLA is
part of Metanet’s commitment to its Dedicated Access Customers to stand behind its internal processes,
network and quality of service.
Section 1: Installation Guarantee
Metanet guarantees that Internet connectivity for a Dedicated Access Customer shall be installed within
fourty-eight (48) business days after an order has been accepted and entered into Metanet’s provisioning
system by its Account Coordination team. Subject to the following conditions, if Metanet fails to meet this
commitment Dedicated Access Customer shall receive a one (1)-month Service Credit.
Dedicated Access Customer or its representative shall cooperate with Metanet in the installation process,
including accurate completion of an order form containing detailed demarcation information and other
onsite contact listings. Changes in an order made by or on behalf of Dedicated Access Customer or the
occurrence of events outside the control of Metanet, such as Force Majeure, may result in delays for which
Metanet is not responsible hereunder.
Dedicated Access Customer or its representative must be physically present at the time of installation and
must provide access to the designated building’s phone closet(s) on the date(s) agreed to by Metanet’s
Installation Coordination Department. Such building access and escort must also be provided to the local
telecom provider to perform its tasks necessary for installation of the circuit.
Only circuits ordered to existing Metanet POPs are covered hereunder, and special circuits, including those
ordered for remote areas or using non-standard technology, such as Asynchronous Transfer Mode
(“ATM”), Switched Multimegabit Data Service (“SMDS”), wireless service or others, are not covered.
All circuits (including local loops, cross-connects and end-link circuits) must be ordered by Metanet, and
all equipment must be provided and configured by Metanet or approved by Metanet (see Metanet’s
Approved Equipment List).
When Metanet provides equipment, which Dedicated Access Customer installs and configures, Dedicated
Access Customer must physically plug in such equipment promptly upon its receipt by Dedicated Access
Customer.
In the event of a delay in installation that entitles Dedicated Access Customer to Service Credit, Dedicated
Access Customer shall be liable for the local-loop charges with respect to such order beginning on the
actual installation date despite the grant of Service Credit by Metanet. See Section 7 hereof for the Service
Claim Process.
Section 2: Network Availability Guarantee
Metanet guarantees ninety-nine and nine tenth percent (99.9%) network uptime. Any Dedicated Access
Customer who experiences Network Unavailability in excess of one (1) hour during a calendar month may
receive Service Credit as follows:
Network Unavailability greater than one (1) hour, but less than four (4) hours, in a calendar month: one (1)-
day Service Credit.
Network Unavailability equal to or greater than four (4) hours, but less than eight (8) hours, in a calendar
month: one (1)-week Service Credit.
Network Unavailability equal to or greater than eight (8) hours in a calendar month: one (1)-month Service
Credit.
Unless Dedicated Access Customer has been notified of Network Unavailability by Metanet, Dedicated
Access Customer shall have notified the Metanet Network Operations Center of such Network
Unavailability promptly during such Network Unavailability. See Section 7 hereof for the Service Claim
Process.
Section 3: Outage Notification Guarantee
Metanet guarantees that it shall contact Dedicated Access Customer, either by phone or by email, within
one (1) hour after the occurrence of a Network Unavailability resulting in complete downtime for such
Dedicated Access Customer. If Metanet fails to contact Dedicated Access Customer within one (1) hour of
the occurrence of Network Unavailability, Dedicated Access Customer may receive a one (1)-day Service
Credit. The Outage Notification Guarantee shall not apply to special circuits, including those using
nonstandard technology, such as ATM, SMDS, wireless service or others, or to Digital Subscriber Line
service. See Section 7 hereof for the Service Claim Process.
Section 4: Internet Latency Guarantee
Metanet guarantees an average monthly transmission rate of 85 milliseconds or less on the Metanet
Network. Metanet measures Internet latency, the average round trip transmission on the Metanet Network,
at approximately ten (10) minute intervals and calculates the average at the end of each calendar month.
Any Dedicated Access Customer who experiences average Internet latency in excess of 85 milliseconds as
so calculated for any calendar month may receive Service Credit as follows:
Average Internet latency in excess of 85 milliseconds for any calendar month: one (1)-week Service Credit
Average Internet latency in excess of 85 milliseconds in each of two (2) consecutive calendar months: one
(1)-month Service Credit
See Section 7 hereof for the Service Claim Process.
Section 5: Packet Loss Guarantee
Metanet guarantees that packet loss shall be not more than 5 percent (5%) on the Metanet Network during
any calendar month. Metanet measures packet loss on the Metanet Network at approximately ten (10)
minute intervals and calculates the average at the end of each calendar month. Any Dedicated Access
Customer who experiences a packet loss on the Metanet Network in excess of five percent (5%) as so
calculated for any calendar month may receive a one (1)-day Service Credit. See Section 7 hereof for the
Service Claim Process.
Section 6: Definitions
“Average Monthly Recurring Charges” shall mean the average of the monthly fees for Internet access
services charged by Metanet, which includes only the base monthly fee for metered services, and which
excludes all local loop and other Telco and third-party charges, for the three (3) months (or such shorter
period during which Dedicated Access Customer has been receiving service) immediately preceding the
month in which the event giving rise to the claim for Service Credit occurs.
“Dedicated Access Customer” shall, except for purposes of the Installation Guarantee, mean any customer
with a binding contract for dedicated Internet access of 45 Mbps or less of bandwidth. For purposes of the
Installation Guarantee, “Dedicated Access Customer” shall mean any customer with a binding contract for
dedicated Internet access of not more than 1.54 Mbps of bandwidth.
“Metanet Network” shall mean the telecommunications network and network components owned and
operated by Metanet, including points of presence (“POP”). The Metanet Network does not include
Customer Premises Equipment, telephone circuits between a POP and Dedicated Access Customer’s
location or any networks or network equipment not owned or controlled by Metanet.
“Network Unavailability” shall mean a failure of the Metanet Network resulting in Dedicated Access
Customer being unable to connect to the Metanet Network from Dedicated Access Customer’s location.
Network Unavailability shall not include failure as a result of Metanet Network planned maintenance, other
planned outages, packet loss, problems with Dedicated Access Customer’s applications, equipment or
facilities, acts or omissions of Dedicated Access Customer, any use or user of the service authorized by
Dedicated Access Customer, Force Majeure or local access provider outages or service interruptions.
“Service Credit” shall mean:
One (1)-day Service Credit: one-thirtieth (1/30) of Dedicated Access Customer’s Average Monthly
Recurring Charges.
One (1)-week Service Credit: seven-thirtieths (7/30) of Dedicated Access Customer’s Average Monthly
Recurring Charges.
One (1)-month Service Credit: thirty-thirtieths (30/30) of Dedicated Access Customer’s Average Monthly
Recurring Charges.
If Metanet approves a claim for Service Credit for failure to comply with the Installation Guarantee,
“Service Credit” shall mean Metanet’s charge for Dedicated Access Customer’s first full month of Internet
access service, not including installation or other start-up fees, usage charges or local loop charges.
Service credits shall not be available for any violation of this SLA that is attributable to Dedicated Access
Customer’s tampering with any equipment.
Section 7: Service Claim Process
To initiate a claim for Service Credit with respect to the Network Availability, Outage Notification, Internet
Latency or Packet Loss Guarantees, Dedicated Access Customer shall submit a completed Service Credit
Request Form within seven (7) business days after the end of the month during or for which the event
occurred which gives rise to the claim for Service Credit. To be considered for Service Credit with respect
to the Installation Guarantee, Dedicated Access Customer shall submit a Service Credit Request not later
than seven (7) business days after the actual installation date. The projected installation date shall be stated
in the “Welcome Letter” sent to each Dedicated Access Customer. Metanet shall acknowledge receipt of all
Service Credit Requests Forms via email within twenty-four (24) hours after such receipt and shall review
all requests within ten (10) business days after such receipt. Customer shall be notified via email upon
resolution of the request.
Section 8: Service Credit
Metanet shall issue Service Credit to Dedicated Access Customer’s account upon approval of Dedicated
Access Customer’s Service Credit Request Form. Service Credit shall appear on the invoice issued in the
month following the month in which the Service Credit Request Form was approved.
The Service Credit provided for in this SLA assumes compliance by Dedicated Access Customer with the
terms and conditions of its Internet services agreement with Metanet, and the failure of Dedicated Access
Customer to comply therewith may invalidate Metanet’s Guarantees provided herein. Furthermore, Metanet
shall not be held liable for failure to fulfill its obligations hereunder if such failure is due to Dedicated
Access Customer’s use of bandwidth in excess of the amount specified in Dedicated Access Customer’s
Internet access services agreement with Metanet or causes beyond Metanet’s reasonable control, such as
Force Majeure.
Section 9: Policy Change
Metanet in its sole discretion may change, amend or revise this policy at any time. Such changes or
revisions shall be deemed effective upon posting an updated Service Level Agreement to Metanet’s web
site.
Version: Version 2.6
Date: June 2005
Earlier Versions
Metanet, Inc.
Service Level Agreement
For Access Services
Metanet, Inc., d.b.a. Metanet, Inc. (“Metanet”) shall provide Dedicated Access Customers with Service Credit if Metanet fails to meet its stated Installation Guarantee, Network Availability Guarantee, Outage Notification Guarantee, Internet Latency Guarantee and/or Packet Loss Guarantee, as defined in this Service Level Agreement (“SLA”). This SLA is part of Metanet’s commitment to its Dedicated Access Customers to stand behind its internal processes, network and quality of service.
Section 1: Installation Guarantee
Metanet guarantees that Internet connectivity for a Dedicated Access Customer shall be installed within fourty-eight (48) business days after an order has been accepted and entered into Metanet’s provisioning system by its Account Coordination team. Subject to the following conditions, if Metanet fails to meet this commitment Dedicated Access Customer shall receive a one (1)-month Service Credit.
Dedicated Access Customer or its representative shall cooperate with Metanet in the installation process, including accurate completion of an order form containing detailed demarcation information and other onsite contact listings. Changes in an order made by or on behalf of Dedicated Access Customer or the occurrence of events outside the control of Metanet, such as Force Majeure, may result in delays for which Metanet is not responsible hereunder.
Dedicated Access Customer or its representative must be physically present at the time of installation and must provide access to the designated building’s phone closet(s) on the date(s) agreed to by Metanet’s Installation Coordination Department. Such building access and escort must also be provided to the local telecom provider to perform its tasks necessary for installation of the circuit.
Only circuits ordered to existing Metanet POPs are covered hereunder, and special circuits, including those ordered for remote areas or using non-standard technology, such as Asynchronous Transfer Mode (“ATM”), Switched Multimegabit Data Service (“SMDS”), wireless service or others, are not covered.
All circuits (including local loops, cross-connects and end-link circuits) must be ordered by Metanet, and all equipment must be provided and configured by Metanet or approved by Metanet (see Metanet’s Approved Equipment List).
When Metanet provides equipment, which Dedicated Access Customer installs and configures, Dedicated Access Customer must physically plug in such equipment promptly upon its receipt by Dedicated Access Customer.
In the event of a delay in installation that entitles Dedicated Access Customer to Service Credit, Dedicated Access Customer shall be liable for the local-loop charges with respect to such order beginning on the actual installation date despite the grant of Service Credit by Metanet. See Section 7 hereof for the Service Claim Process.
Section 2: Network Availability Guarantee
Metanet guarantees ninety-nine and nine tenth percent (99.9%) network uptime. Any Dedicated Access Customer who experiences Network Unavailability in excess of one (1) hour during a calendar month may receive Service Credit as follows:
Network Unavailability greater than one (1) hour, but less than four (4) hours, in a calendar month: one (1)-day Service Credit.
Network Unavailability equal to or greater than four (4) hours, but less than eight (8) hours, in a calendar month: one (1)-week Service Credit.
Network Unavailability equal to or greater than eight (8) hours in a calendar month: one (1)-month Service Credit.
Unless Dedicated Access Customer has been notified of Network Unavailability by Metanet, Dedicated Access Customer shall have notified the Metanet Network Operations Center of such Network Unavailability promptly during such Network Unavailability. See Section 7 hereof for the Service Claim Process.
Section 3: Outage Notification Guarantee
Metanet guarantees that it shall contact Dedicated Access Customer, either by phone or by email, within one (1) hour after the occurrence of a Network Unavailability resulting in complete downtime for such Dedicated Access Customer. If Metanet fails to contact Dedicated Access Customer within one (1) hour of the occurrence of Network Unavailability, Dedicated Access Customer may receive a one (1)-day Service Credit. The Outage Notification Guarantee shall not apply to special circuits, including those using nonstandard technology, such as ATM, SMDS, wireless service or others, or to Digital Subscriber Line service. See Section 7 hereof for the Service Claim Process.
Section 4: Internet Latency Guarantee
Metanet guarantees an average monthly transmission rate of 85 milliseconds or less on the Metanet Network. Metanet measures Internet latency, the average round trip transmission on the Metanet Network, at approximately ten (10) minute intervals and calculates the average at the end of each calendar month. Any Dedicated Access Customer who experiences average Internet latency in excess of 85 milliseconds as so calculated for any calendar month may receive Service Credit as follows:
Average Internet latency in excess of 85 milliseconds for any calendar month: one (1)-week Service Credit
Average Internet latency in excess of 85 milliseconds in each of two (2) consecutive calendar months: one (1)-month Service Credit
See Section 7 hereof for the Service Claim Process.
Section 5: Packet Loss Guarantee
Metanet guarantees that packet loss shall be not more than 5 percent (5%) on the Metanet Network during any calendar month. Metanet measures packet loss on the Metanet Network at approximately ten (10) minute intervals and calculates the average at the end of each calendar month. Any Dedicated Access Customer who experiences a packet loss on the Metanet Network in excess of five percent (5%) as so calculated for any calendar month may receive a one (1)-day Service Credit. See Section 7 hereof for the Service Claim Process.
Section 6: Definitions
“Average Monthly Recurring Charges” shall mean the average of the monthly fees for Internet access services charged by Metanet, which includes only the base monthly fee for metered services, and which excludes all local loop and other Telco and third-party charges, for the three (3) months (or such shorter period during which Dedicated Access Customer has been receiving service) immediately preceding the month in which the event giving rise to the claim for Service Credit occurs.
“Dedicated Access Customer” shall, except for purposes of the Installation Guarantee, mean any customer with a binding contract for dedicated Internet access of 45 Mbps or less of bandwidth. For purposes of the Installation Guarantee, “Dedicated Access Customer” shall mean any customer with a binding contract for dedicated Internet access of not more than 1.54 Mbps of bandwidth.
“Metanet Network” shall mean the telecommunications network and network components owned and operated by Metanet, including points of presence (“POP”). The Metanet Network does not include Customer Premises Equipment, telephone circuits between a POP and Dedicated Access Customer’s location or any networks or network equipment not owned or controlled by Metanet.
“Network Unavailability” shall mean a failure of the Metanet Network resulting in Dedicated Access Customer being unable to connect to the Metanet Network from Dedicated Access Customer’s location. Network Unavailability shall not include failure as a result of Metanet Network planned maintenance, other planned outages, packet loss, problems with Dedicated Access Customer’s applications, equipment or facilities, acts or omissions of Dedicated Access Customer, any use or user of the service authorized by Dedicated Access Customer, Force Majeure or local access provider outages or service interruptions.
“Service Credit” shall mean:
One (1)-day Service Credit: one-thirtieth (1/30) of Dedicated Access Customer’s Average Monthly Recurring Charges.
One (1)-week Service Credit: seven-thirtieths (7/30) of Dedicated Access Customer’s Average Monthly Recurring Charges.
One (1)-month Service Credit: thirty-thirtieths (30/30) of Dedicated Access Customer’s Average Monthly Recurring Charges.
If Metanet approves a claim for Service Credit for failure to comply with the Installation Guarantee, “Service Credit” shall mean Metanet’s charge for Dedicated Access Customer’s first full month of Internet access service, not including installation or other start-up fees, usage charges or local loop charges.
Service credits shall not be available for any violation of this SLA that is attributable to Dedicated Access Customer’s tampering with any equipment.
Section 7: Service Claim Process
To initiate a claim for Service Credit with respect to the Network Availability, Outage Notification, Internet Latency or Packet Loss Guarantees, Dedicated Access Customer shall submit a completed Service Credit Request Form within seven (7) business days after the end of the month during or for which the event occurred which gives rise to the claim for Service Credit. To be considered for Service Credit with respect to the Installation Guarantee, Dedicated Access Customer shall submit a Service Credit Request not later than seven (7) business days after the actual installation date. The projected installation date shall be stated in the “Welcome Letter” sent to each Dedicated Access Customer. Metanet shall acknowledge receipt of all Service Credit Requests Forms via email within twenty-four (24) hours after such receipt and shall review all requests within ten (10) business days after such receipt. Customer shall be notified via email upon resolution of the request.
Section 8: Service Credit
Metanet shall issue Service Credit to Dedicated Access Customer’s account upon approval of Dedicated Access Customer’s Service Credit Request Form. Service Credit shall appear on the invoice issued in the month following the month in which the Service Credit Request Form was approved.
The Service Credit provided for in this SLA assumes compliance by Dedicated Access Customer with the terms and conditions of its Internet services agreement with Metanet, and the failure of Dedicated Access Customer to comply therewith may invalidate Metanet’s Guarantees provided herein. Furthermore, Metanet shall not be held liable for failure to fulfill its obligations hereunder if such failure is due to Dedicated Access Customer’s use of bandwidth in excess of the amount specified in Dedicated Access Customer’s Internet access services agreement with Metanet or causes beyond Metanet’s reasonable control, such as Force Majeure.
Section 9: Policy Change
Metanet in its sole discretion may change, amend or revise this policy at any time. Such changes or revisions shall be deemed effective upon posting an updated Service Level Agreement to Metanet’s web site.
Version: Version 1.3
Date: June 2000
Metanet
Service Level Agreement
Power Availability
This Power Availability Service Level Agreement (“SLA”) applies to power provided to Customer cabinets in
Metanet’s colocation data centers, and supersedes any conflicting terms in the Customer’s Service Agreement or
Order Form, but only with respect to power availability obligations.
Section 1. AC Power Availability
SLA Standard
Metanet guarantees that AC power will be available to the Customer’s colocation cabinet 100% of the time, subject to the exclusions and conditions set forth herein.
Customer Requirements / Conditions
Customer’s equipment must support dual power sources and must be connected to both the A-side and B-
side power feeds/strips.
Customer must not exceed the power envelope (amps/kW) agreed in the Service Agreement / Order.
All equipment and cabling installed by Customer must comply with applicable electrical and fire safety
codes, and any additional specifications provided by Metanet.
Definition of “Power Unavailability”
“Power Unavailability” is defined as minutes during which both primary (A) and redundant (B) AC power
feeds to the customer’s cabinet are unavailable (i.e. no power to either feed).
Such outages are counted only if Customer opens a trouble ticket requesting an SLA power investigation
within five (5) days of the outage.
Outages due to Scheduled Maintenance or due to Customer’s circuits, equipment, applications, or acts are
excluded.
Scheduled Maintenance
“Scheduled Maintenance” is any maintenance activity on the primary and/or redundant power feeds for a
Customer cabinet, of which Metanet notifies Customer in advance:
At least 7 business days prior for an outage lasting more than 50 ms,
Or at least 48 hours prior for an outage of 50 ms or less.
Maintenance is normally conducted during a maintenance window (e.g. 12:00 AM to 6:00 AM local time),
unless in emergency situations, in which case Metanet may deviate.
Metanet will provide notice via Customer’s designated contact method (email, phone, etc.).
Remedy / Credits
For each cumulative hour (or fraction thereof) of Power Unavailability (i.e. dual-side outage) in a given
billing period, the Customer may request a service credit equal to one day’s monthly recurring charges
(MRC) for the affected colocation space and power.
The total credit in a month will not exceed the MRC for the affected colocation space + power services.
Section 2. Outage Reporting & Escalation
Metanet will monitor power systems internally and open internal fault tickets as needed.
If the Customer experiences or suspects a power outage, the Customer must open a support ticket / call
Metanet support to document the event and initiate an SLA investigation.
Metanet will respond to confirmed power outage tickets as per the priority levels defined in the General
Support Terms.
Section 3. Exclusions & Limitations
The SLA does not apply to unavailability caused by:
Section 4. SLA Claim Process
The Customer must submit a written request (via support portal or ticket) within 30 days of the end of the
month in which the outage occurred.
The request must include: cabinet ID, A/B feed identifiers, timestamps (start and end of outage), and
supporting logs or evidence (if available).
Metanet will validate the claim based on its internal data and logs.
If approved, the credit will be applied against the next invoice.
Section 5. Aggregate Credit Cap
In any calendar month, the total credits a Customer may receive under this Power Uptime SLA shall not exceed
100% of the total MRC for the affected colocation (space + power) service for that month.
Section 6. Termination Rights
If Metanet fails to meet the 100% power availability SLA in three (3) consecutive months, the Customer may (with written notice) terminate the colocation order for that cabinet without early termination penalties. Upon such termination, any unpaid credits shall be applied immediately.
Section 7. Supplementary Terms / Definitions
“Month” / “Billing Period”– The calendar month or billing cycle as defined in Customer’s agreement.
“MRC (Monthly Recurring Charge)” – The recurring monthly fee for space + power associated with a
given cabinet or rack.
“Dual-feed / A & B power” – The separate redundant power paths, each capable of full supply, to the
customer’s cabinet.
Section 8: Policy Change Metanet in its sole discretion may change, amend or revise this policy at any time. Such
changes or revisions shall be deemed effective upon posting an updated Service Level Agreement to Metanet’s web site.
Version: Version 2.1
Date: February 2012
This Data Center Facilities Service Level Agreement (“Facilities SLA”) applies to colocation services provided by Metanet (“Metanet,” “we,” “us,” or “our”) to Customer under the applicable service order, master services agreement, or colocation agreement.
This Facilities SLA governs physical data center facility services only. Internet access, IP transit, network services, and electrical power delivery are governed solely by the applicable Internet Access SLA and Power SLA, respectively. If there is a conflict between this Facilities SLA and another agreement, the applicable Internet Access SLA or Power SLA controls for those services.
Section 1: Covered Facilities Services
Subject to the exclusions below, Metanet will use commercially reasonable efforts to provide:
Section 2: Physical Access and Security
Metanet will maintain reasonable physical security controls for the applicable facility, which may include access-control systems, visitor procedures, surveillance systems, and escort requirements where appropriate.
Customer is responsible for ensuring that its employees, contractors, visitors, and agents comply with all facility rules and access procedures. Metanet may deny or suspend access where reasonably necessary for security, safety, nonpayment, violation of facility rules, or protection of the facility and its customers.
Section 3: Environmental Conditions
Metanet will use commercially reasonable efforts to maintain temperature and humidity levels in the colocation area within the normal operating parameters of the applicable facility.
This commitment does not guarantee any particular inlet temperature, rack temperature, humidity reading, airflow condition, or equipment performance within Customer’s cabinets, cages, servers, or other equipment. Customer is responsible for ensuring that its equipment is properly installed, has adequate airflow, does not exceed contracted power density, and is suitable for the applicable facility environment.
Section 4: Remote Hands Response
Customer acknowledges that all remote hands services are governed by Metanet’s then-current Customer Remote Hands Reference Sheet, including applicable service descriptions, response targets, rates, minimum charges, after-hours or emergency charges, authorization requirements, and service limitations. The current Customer Remote Hands Reference Sheet is incorporated into this Facilities SLA by reference and may be updated by Metanet upon notice to Customer.
Remote hands response commitments apply only to properly submitted requests during normal facility operations and are subject to technician availability, site conditions, access restrictions, emergency events, the complexity of the requested work, Customer authorization, and any applicable minimum billing requirement.
Remote hands services are billed separately unless expressly included in Customer’s service order. Remote hands work is not a guarantee of resolution, restoration, repair, diagnosis, or completion within any specific period.
Section 5: Planned Maintenance and Incident Notices
For planned maintenance reasonably expected to materially affect Customer’s facility access or shared facility services, Metanet will generally provide at least five (5) days’ advance notice when practicable.
Metanet may perform emergency maintenance without prior notice where reasonably necessary to address an actual or suspected security issue, safety risk, equipment failure, environmental condition, utility issue, or other urgent condition.
For a confirmed facility incident that materially affects Customer’s contracted colocation service, Metanet will use commercially reasonable efforts to provide an initial customer notice as soon as practicable and periodic updates while the incident remains active.
Section 6: Service Credits
If Metanet materially fails to meet a commitment expressly stated in this Facilities SLA, Customer’s sole and exclusive remedy is a service credit, subject to this Section.
Service credits, if approved, will not exceed ten percent (10%) of the monthly recurring charge for the affected colocation service for any single incident, or twenty percent (20%) of the affected monthly recurring charge in any calendar month.
To request a credit, Customer must submit a written request to Metanet within thirty (30) days after the event, including the affected service, date and time of the event, and reasonable supporting detail. Credits are applied only to future invoices, are not refundable, may not be exchanged for cash, and are unavailable if Customer’s account is past due.
Section 7: Exclusions
This Facilities SLA does not apply to, and Metanet will have no liability or service-credit obligation for, any issue caused in whole or in part by:
Section 8: No Guarantee of Customer Equipment Availability
Metanet does not guarantee the availability, operation, performance, profitability, security, data integrity, or fitness for any purpose of Customer’s equipment, applications, data, or services.
Customer remains solely responsible for backups, redundancy, disaster recovery, insurance, equipment monitoring, security of its systems, and maintaining adequate replacement parts or support arrangements.
Section 9: Limitation
This Facilities SLA provides Customer’s sole remedy for any failure relating to covered facilities services. Except for the limited service credits expressly described above, Metanet shall not be liable for lost profits, lost revenue, loss of data, business interruption, replacement costs, or any indirect, incidental, special, punitive, or consequential damages.
Section 10: Changes
Metanet may revise this Facilities SLA from time to time upon written notice or posting through its customer portal or website. A revision will apply prospectively and will not materially reduce an existing Customer’s contracted service commitments during the then-current committed service term unless required by law, facility policy, or an emergency condition.
Version: Version 1.2
Date: June 2005
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