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Packet Service Level Agreement (SLA)
This SLA is incorporated into the Packet Master Services Agreement (“MSA”) and is applicable to Services delivered to Packet Customers. Packet guarantees its Services, as defined below, to a high degree and provides monetary account credits (“Credits”) to its Customers based on the amount of time a Service is unavailable. Such time is considered a Qualifying Event (“Event”). Credits and the Packet SLA are between Packet and its Customer only and do not apply to third party services, including Customer end users.
- Packet Network & Bandwidth - Packet will use reasonable efforts to provide a service level of 100% availability for the Packet Network.
- Datacenter Infrastructure - Packet will use reasonable efforts to meet the service level of 100 for access to power and cooling services provided to Customer infrastructure.
Credits Compute and Network Services
Packet shall apply Credits for Qualifying Outages as follows:
|Outage Time (Continuous Minutes)||Monthly Compute Services||Hourly Compute Services||Packet Network & Bandwidth|
|Details of Calculation||% of monthly committed service charge||% of hourly charges, rounded up to the nearest hour||% of the charges for the month|
|5 - 30 minutes||10%||100%||10%|
|30 - 90 minutes||25%||100%||25%|
Outage minutes for different Services during the same period cannot be combined to meet a higher calculation.
Packet applies Credits automatically within the first 7 days of the month for any SLA Events occurring in the prior month. To claim a Credit due but not automatically applied or to dispute an automatically applied Credit, Customer must submit an SLA Credit Request (“Request”) within the first 15 days of the month following an SLA Event. The Request will be reviewed by Packet and any Credits due shall be issued as detailed below.
Terms and Definitions
- “Claimed Outage” means the period, measured in minutes, during which Customer claims a Loss of Service.
- “Excluded Minutes” means the period, measured in minutes, of any outage covered by exclusions set forth in the SLA Exclusion Terms.
- “Qualifying Outage” mean the aggregate of all consecutive minutes of a Verified Outage, minus any Excluded Minutes.
- “Services” means the services ordered by Customer and accepted by Packet as provided in the MSA.
- “Verified Outage” means a Claimed Outage for a particular Service that has been verified by Packet using its logs of accessibility of the Packet data centers or any of the Services.
Use of SLA Credits
SLA Credits may be used solely for future payments due Packet. The SLA Credits may not be sold or transferred to other parties. False or duplicative claims are also a violation of the MSA and may, in Packet’s sole discretion, result in a suspension of Services. SLA Credits shall expire on the termination or expiration of the MSA.
SLA Credit Request Procedure
Customers receive SLA Credits automatically. If you wish to dispute or claim a Credit that was not automatically applied, you may do so via the following process:
- Open a ticket through the Packet Customer Portal that includes the affected device ID, specific date and time for disruption start and end time (including time zone), and a copy of an error message or monitoring log showing the Service was unavailable.
- Customer must submit a report of Claimed Outage within the first 15 days of the month following the Claimed Outage.
- Packet will review Claimed Outages against Verified Outages. Packet’s determination of SLA Credits is final.
- Customer agrees to pay all invoices in full while a Claimed Outage is being reviewed or SLA Credit is being determined.
- Packet will apply the SLA Credits to the Customer’s future invoices for the relevant Services subject to Packet’s standard policies.
Customers who, at the time of the report of the Claimed Outage, are not current on their payment or are in violation of the MSA do not qualify for SLA Credits.
SLA Credit Exclusion
Credits do not apply for periods during which the Services are not available for the following reasons:
- Packet or its third party service providers performing system upgrades, enhancements and routine maintenance activities which have been announced via the Customer Portal with notice. This applies to emergency maintenance announced in a similar fashion (“Scheduled Maintenance”);
- Customer use of the Services or any Customer End User’s use of the Customer Offering in violation of the MSA;
- Issues relating to Customer Content;
- Problems with Customer’s access to Internet;
- System administration, commands, file transfers performed by Customer representatives;
- Any events described in the MSA’s Force Majeure provision;
- Suspension of Customer’s access to the Services as provided in the MSA;
- Violation of the AUP;
- Problems arising from Customer or any Third Party’s software, hardware, or other technology or equipment.