Service Level Agreement (SLA) For Business Accounts

OPEN BROADBAND LLC (“OPEN BROADBAND”) is committed to providing minimum service levels and additional services which support the overall operation of the Premises at no additional charge to Customer. The Service Level Agreement (SLA) addresses critical operating functions of the purchased service.

Should OPEN BROADBAND not meet its minimum obligations, the credit rates set forth below will be issued to the customer’s account if requested and approved by OPEN BROADBAND.

Requests for all SLA violations must be made in writing by emailing billing@OpenBB.net within thirty days of the reported A detailed list of the violation including date, time and service unavailability must be provided, along with any additional information that may be requested by OPEN BROADBAND’s billing, support, or customer services departments.

1. Network Transit Availability

OPEN BROADBAND provides a network uptime guarantee, providing uninterrupted transit to the internet (as measured on a monthly basis). Interrupted transit is defined as 100% packet loss to the internet. OPEN BROADBAND upon customer’s SLA violation request and approval, will issue a credit to the customer’s next monthly billing invoice.

A network transit availability does not include failure of customer equipment connected to the network circuit, commonly referred to a customer’s switch, router, or firewall. The credit will be based upon the client’s monthly service billing for specific network transit fees. The following credit schedule will be issued to the customer for violation of the Network Transit Availability Guarantee:

Network Uptime – Bandwidth circuit

Length of 100% packet loss	Credit Against Monthly Services
0 – 120 minutes	0%
120-240 minutes	10%
240-360 minutes	25%
360 minutes and above	50%

2. Colocation Power Availability Guarantee

Licensor guarantees 99.99% power availability of A feed power of AC power. Should Licensor fail to meet the Power Availability Guarantee, Licensor upon customer’s SLA violation request will issue a credit to the customer’s next monthly billing invoice. A power outage is defined when customer loses complete power to a rack or cabinet dedicated circuit. A power outage does not include failure of customer equipment connected to the circuit commonly referred to a rack PDU. The credit will be based upon the client’s monthly service billing for specific power fees. The following credit schedule will be issued to the customer for violation of the Power Availability Guarantee:

Length of Power Unavailability Credit Against Monthly Services

Less than 5 minutes 0%

5 to 120 minutes 10%

121-360 minutes 25%

360 minutes and above 50%

Power Availability Guarantees do not apply to A Side (single circuit) power customers during temporary power outages from scheduled maintenance windows announced to customers with at least 72 hours notification, emergency maintenance windows, or tripped breakers due to customers operating above 80% of the breaker rating.

3. Exceptions

Qualified Service Outage – Qualified Network Service Outage exists when you are unable to transmit and receive data and the Company’s records such an Customer shall not receive any credits under the Qualified Service Outage which is caused by or associated with:
Caused by customer directly
Caused by failure of customer’s equipment
Caused by customer intentionally or unintentionally for failure to adhere to data center policies, rules and regulations
Due to failure of power, equipment, facilities, connections or equipment not provided by OPEN BROADBAND
Due to a force majeure event as defined in the MSA
Violations not reported within 30 days of the
Circumstances beyond the Company’s reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, or labor disturbance, interruption of or delay in transportation
Unavailability of or interruption or delay in telecommunications or third party services, failure of third party software (including, without limitation, ecommerce software, payment gateways, chat, statistics or free scripts)
Attacks by viruses or hackers, including Distributed Denial of Service (DDoS) attacks against the Company or the Company’s network
Scheduled maintenance, system upgrades, or emergency maintenance
DNS or Domain Registry issues outside the direct control of the Company including DNS and Registry propagation issues and expiration
Customer’s acts or omissions (or acts or omissions of others engaged or authorized by customer), including, without limitation, custom scripting or coding (e.g., CFM, ASP, CGI, Perl, HTML, etc.), server or software administration by the customer
Any negligence, willful misconduct, or use of the customer’s account in breach of Company’s Terms of Service Agreement or Acceptable Use Policy
Delays in email delivery, Issues with 3rd party email systems, including refusal or rejection of email by 3rd party mail systems
Outages elsewhere on the Internet that hinder access to your The Company is not responsible for browser, DNS, or other caching that may make your web site or email appear inaccessible when others can still access it. The Company will guarantee only those areas of the Internet considered under the control of the Company’s links to the Internet, the Company’s routers, and the Company’s servers themselves.

4. Invoice Credits

SLA violations will result in a credit issued to customer’s next monthly invoice for that affected service provided. Should the specific service not renew, the credit will be placed on the customer’s account to be issued against the customer’s next generated invoice. Should no service be a renewable term service indicating that the customer has effectively terminated all services, a refund will be issued to the customer for an equivalent dollar amount to the credit payable to the customer within sixty (60) days.

Last Updated: 09.13.2022

Business SLA