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SDSL Service Level Agreement (SLA)
Quasar Global Broadband, Inc., a nationwide,
facilities-based service provider offers various network connectivity/Internet
access options, and related services, to businesses. Q-Global is committed to
high-quality performance and customer care. As part of every SDSL circuit which
you order from us, we are pleased to offer you the following Service Level
Commitments, at no additional charge to you:
Quality of Service Commitment
Network Availability Commitment
- Our Commitment: Q-Global
commits to provide 99.9% availability each month for your connection within Q-Global's
network in North America.
- Your Remedy:
Upon a Customer's' request,
Q-Global will credit to that Customer's account an amount equal to the
connectivity charges for five (5) times the length of any DSL unscheduled
service outage of at least two hours duration, provided that Customer notifies
Q-Global immediately of such outage, and that Q-Global reasonably determines
that such outage was attributable to Q-Global and not to any actions or
inactions of Customer or any third parties (including failure of third party
equipment. Customer credit may not exceed one month's service fees in any
single calendar month. Customer must request credit in writing or via e-mail
the credit within 72 hours of service restoration.
Service Credit Specifications
In the event
Q-Global
fails to achieve any Service Level Commitment, at your request,
Q-Global
will credit your account in accordance with the applicable remedy set forth
above in connection with such Service Level Commitment and subject to the
following:
- To be eligible for a Service Credit, you must
report the commitment failure to
Q-Global within five
(5) days of its occurrence (via telephone at 209-369-3733 or via
e-mail notification to support@qglobal.net), and you must have
notified Q-Global
of any service-affecting conditions at the time of such failure and have
provided Q-Global
with all other information reasonably requested in furtherance of
troubleshooting the reported issue.
- All requests for Service Credits for validly
reported commitment failures must be delivered in writing to
Q-Global
at 6333 Pacific Ave. #399, Stockton, CA 95207, attention: Customer
Service Dept./Service Credits. Requests must identify the Service
Level Commitment at issue, include the "trouble ticket number assigned to
Customer's report, and include such other information as
Q-Global
may have reasonably requested to assist it in verifying the request.
Q-Global
may reject any Service Credit request which does not provide sufficient
supporting information to allow
Q-Global to verify
the claim. All requests for Service Credits will be subject to confirmation by
Q-Global,
and will be applied by
Q-Global as soon as possible to a
subsequent recurring invoice following approval.
Q-Global
shall promptly notify Customer of its resolution of the reported event.
Customer must claim any applicable Service Credits by the 15th day of the
month following the month in which the reported incident was resolved.
Q-Global
will inform Customer of credit requests rejected for insufficient information,
and Customer will be allowed to resubmit such requests with additional
supporting information within fifteen (15) days of
Q-Global's
notification of its rejection of the credit request. After Customer resubmits
the credit request with the additional supporting information, the standard
verification and crediting timelines outlined herein shall apply.
- Service Credits are calculated based on the
contracted monthly rate for the affected SDSL circuit, prorated by the number
of days of credit provided as the remedy for the applicable Service Level
Commitment, based on a 30-day month (e.g., a one-day Service Credit means the
Customer will receive as a credit an amount equal to 1/30 of the applicable
recurring monthly charge for the affected service). The maximum Service Credit
to be granted for all failures within a given month shall not exceed the
monthly recurring fees charged by
Q-Global for the
given service for the month in which the given Service Credit is claimed. Any
excess credits will not carry over into later invoices. Remedies available
hereunder shall only be payable in the form of a Service Credit to Customer's
account. Q-Global
shall have no obligation to pay cash to Customer to fulfill any earned Service
Credit, unless Q-Global's
records verify that all services have been terminated and authorized Service
Credits remain outstanding which are in excess of any remaining amounts due
and owing from Customer to
Q-Global, and then,
only to the extent of the excess amount.
- If any event triggers a breach of two or more
Service Level Commitments, Customer shall only receive a Service Credit equal
to the highest applicable Service Credit being requested in connection with
the breached Service Level Commitments.
- Customer shall be ineligible for a Service
Credit hereunder if Customer is not in financial good standing with
Q-Global
(i.e., current on all billings) at the time of the request.
- The "quality of service" commitment is not
available to Customers who have been migrated to
Q-Global's
network from another ISP as part of a customer acquisition. For those eligible
Customers who do avail themselves of the 30-day cancellation policy set forth
in such commitment, they shall remain responsible for the monthly recurring
charges for that initial month of service and any outstanding one-time charges
associated with delivery of service in accordance with the terms of their
service agreement with
Q-Global.
The remedies set forth herein for each Service
Level Commitment shall be the exclusive remedy available to Customer for
Q-Global's
failure to achieve such Service Level Commitment. This SLA does not represent a
warranty or guarantee by
Q-Global that services will be
uninterrupted or fit for any particular purpose or intended use of any kind, and
Q-Global
shall not be liable for any damages of any nature or amount as a result of any
failure to achieve any Service Level Commitment, other than the permitted
Service Credits authorized and described hereunder.
Exclusions
This SLA applies to SDSL circuit connectivity
service and related equipment only.
Q-Global will not be
responsible for, and Service Credits will not be issued in connection with, any
failure by Q-Global
to meet a Service Level Commitment by reason of any of the following:
- Any Customer act or omission, including
without limitation any negligence, willful misconduct or misuse of any service
or equipment, which impairs
Q-Global's ability to
provide service.
- Scheduled maintenance on the
Q-Global
network.
- Failure on the part of Customer to timely
report the incident and open a trouble ticket in accordance with this SLA.
Q-Global
may modify the Service Level Commitments and your remedy for the failure by
Q-Global
to meet any Service Level Commitment at any time. Such modifications shall be
deemed effective immediately upon either posting of the modified SLA on the
Q-Global
web site, currently located at www.qglobal.net, or notifying you. If you have
any questions, please contact your Account Representative.
Revised: November
11, 2002 |
