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Private Label DSL (Access) SLA

Service Level Agreements (SLA's)*

*These Service Level Agreements (SLAs) are applicable only to Private Label DSL (Access) Services and are not applicable to any other DSL services offered by Verizon Business. Capitalized terms not defined herein will have the meaning given such terms in Customer's Agreement. SLAs are only applicable to DSL Services as indicated in each SLA and the Pricing Schedule of Customer's Agreement.

1. Network Availability

Verizon Business's target for Network Availability is an average of 99.7% over the period of a calendar month for all Verizon Business DSL Services within the PLDSL Access Footprint. This SLA applies to Business and Premium DSL Service only.

Network Availability is defined as: (Total No. DSL Circuits * Total Minutes In Month) - (Total Minutes DSL Circuit Outages In Month) Divided by Total No. Circuits * Total Minutes In Month

Network Availability for a DSL Circuit is measured from the DSLAM in the Verizon Business Central Office facility to Verizon Business's ATM switch in the applicable Metro Service Center (MSC). See Figure 1 below.

Figure 1

Figure 1

Total minutes of DSL Circuit outage in any given month will be calculated commencing on the date and time that Customer opens a trouble ticket with Verizon Business, and ending when Network Availability has been restored. Verizon Business scheduled outages and maintenance, emergency maintenance, ILEC local loop failures, and Customer or End User outages (scheduled or unscheduled) will not be considered in the total minutes of outage equation.

Where the 99.7% average Network Availability objective is not met during any given calendar month, a credit equal to 10% (ten percent) of the Monthly Recurring Charge (MRC) of the affected DSL Circuits will be credited to Customer upon written request by Customer.

2. Network Latency

Verizon Business will use reasonable efforts to obtain an average 30 ms one-way network latency (network delay). This SLA applies to Business and Premium DSL Service only.

One-way network latency is defined as the time it takes a 64 byte packet to traverse from the WAN interface of an End User's DSL Customer Premise Equipment (CPE) over the End User's DSL Circuit to Verizon Business's ATM switch at the applicable MSC. This network delay measurement includes the serialization delay on the WAN interface of the CPE and all network components up to Customer's port on the ATM switch in the MSC. See Figure 2 below.

Figure 2

Figure 1

Customer's Network Management Center (NMC) must perform a delay measurement using the method described below:

  • Customer's Network Management Center (NMC) initiates a PING test to End-User's CPE. This first measurement is the NMC-to-CPE network delay.
  • Customer's NMC initiates a PING test to a router that is located within the MSC. This second measurement is the NMC-to-MSC network delay.
  • The One-Way Network Delay is calculated as follows:

    • (NMC-to-CPE Delay - NMC-to-MSC Delay) Divided by 2

The Network Delay test shall consist of a series of 10 measurements performed twice daily at four (4) hour intervals for five (5) consecutive days. The average one-way network delay is then calculated as the mathematical average of all measurements over the five (5) day period. If Customer suspects a network latency problem, Customer shall open a trouble ticket with Verizon Business. After notifying Verizon Business, Verizon Business and Customer shall perform joint testing to verify and resolve the problem.

If non-compliance with the average one-way network delay is verified by Verizon Business, a credit equal to 10% (ten percent) of the MRC of the affected DSL Circuits will be credited to Customer upon written request by Customer.

3. Data Delivery - Network Delay

As a commitment to prevent congestion, Verizon Business will use commercially reasonable efforts to provide average 95% or better data delivery over the Verizon Business DSL network. This SLA applies to Business and Premium DSL Service only.

The Network Delay test shall consist of a series of 10 measurements performed twice daily at four (4) hour intervals for five (5) consecutive days. There shall be a minimum of 100 packets per measurement to ensure statistical validity. The average data delivery is then calculated as the mathematical average of all measurements over the five (5) day period.

If Customer suspects a data delivery problem, Customer shall open a trouble ticket with Verizon Business. After notifying Verizon Business, Verizon Business and Customer shall perform joint testing to verify and resolve the problem. If non-compliance with the average data delivery is verified by Verizon Business, a credit equal to 10% (ten percent) of the MRC of the affected DSL Circuits will be credited to Customer upon written request by Customer.

4. Mean Time to Restore (MTR) Service

Verizon Business is committed to restoring DSL Service within certain periods of time based on the severity of the problem in addition to whether single or multiple clients are affected. Verizon Business manages to these restoration goals and targets restoration of services within the following time frames:

  • For purposes of this particular SLA, the DSL Circuit is defined as the PVC from the Network Interface Device (NID) (or other applicable minimum point of entry (MPOE) at the End User's premises) to Customer's port on the Verizon Business ATM Switch in the MSC.
  • DSL Services: Time to repair objectives for all submitted Customer Trouble Tickets shall be 24 hours (for Business or Premium) or 48 hours (for Basic), averaged on a monthly basis (not including weekends or holidays) for all of Customer's DSL Circuits.
  • If Customer's average time to repair exceeds the applicable MTR objective in a given month, a credit equal to 10% (ten percent) of the MRC of the affected DSL Circuits will be credited to Customer upon written request by Customer.

5. General Terms & Conditions

All network performance parameters are based on the assumption that Customer's network is appropriately engineered (e.g., DS3 circuits are maintained in accordance with the over-subscription guidelines set forth herein). If Verizon Business determines in its discretion that Customer's network is not appropriately configured, no credits will be given.

No credits will be granted to Customer for any service interruption or other transmission problems that are caused by or contributed to (a) by Customer, (b) by any third party (including Customer's End User(s) or an Incumbent Local Exchange Carrier), (c) a Force Majeure event, or (d) by any person who is not controlling of, controlled by, or under common control with, Verizon Business.

No credits will be provided under these SLAs prior to successful completion of installation or for periods before the Closing Date. Customer must request credits in writing to Verizon Business. Such written request must be received by Verizon Business within sixty (60) calendar days of the date of the reported incident(s). Credits provided by Verizon Business hereunder shall not be cumulative for any single failure or in any case be greater than 20% (twenty percent) of the MRC for an affected DSL Circuit within any given month.