Connectivity Service Level Agreement

Pathwayz Communications is committed to providing a reliable, high-quality network to support Customers using Pathwayz Communications Internet Access & Data Connectivity Services. This Service Level Agreement (SLA) outlines the minimum service a Customer may expect from Pathwayz Communications for the contracted service.

The following SLA policy represents Pathwayz Communications’ sole responsibility and the Customer’s sole remedy related to Pathwayz Communications Internet Access & Data Connectivity Services regarding the SLA and any Service Availability Guarantee.

DEFINITIONS:

“Customer” shall mean a Pathwayz Communications customer who has executed a binding agreement for Pathwayz Communications Connectivity Services, excluding any Customer whose account is, or during the period in question, was not in good financial standing with Pathwayz Communications, or is in violation of the Pathwayz Communications Terms and Conditions of Service document, Acceptable Use Policy, or the customer’s Telecommunications Service Agreement.

“CPE” (Customer Premise Equipment) includes any equipment that Pathwayz Communications provides and/or installs at Customer’s location that is required to deliver the service ordered.

THIRTY DAY SATISFACTION GUARANTEE
If Customer is for any reason dissatisfied with any Pathwayz Communications provided Connectivity Service of 10 Mbps or less, Customer may, during the Thirty Day Service Guarantee period, terminate the Connectivity Services purchased without liability for further term commitments.

In the event that Customer terminates the Connectivity Services as allowed herein, Customer will remain responsible for all fees and charges for any Site Survey, Installation, Equipment and services used.

The Thirty Day Service Guarantee period shall start upon installation of the Connectivity Services and end thirty (30) days thereafter.

CHRONIC OUTAGE TERM WAIVER
In the event that during any thirty (30) day period of service, Customer is eligible for credit for four (4) or more individual issues under this Service Level Agreement for the Connectivity Service, such being a Chronic Outage (“Chronic Outage”), customer may terminate the effected Connectivity Services without liability for further term commitments. In the event that Customer terminates Connectivity Services as allowed by this provision, Customer will remain responsible for all fees and charges for any Site Survey, Installation, Equipment and services used. Pathwayz Communications must receive written notice of Customer’s intent to terminate service as permitted herein within thirty six (36) hours of the completion of the thirty (30) day period in which the qualifying events occurred.

SERVICE GUARANTEE:

The availability targets referenced below do not account for scheduled outages on Pathwayz Communications’ network or events outside of Pathwayz Communications’ control, including, but not limited to, force majeure events or Customer equipment outages.

DSL
The throughput Customer receives can vary from line to line depending on a variety of factors such as internal wiring, line quality, location, Internet traffic, and other variables outside of Pathwayz Communications’ control. Due to this, Pathwayz Communications provides ADSL, SDSL, and Extended Reach DSL as a best effort service, and cannot guarantee download/upload speeds or uptime availability.

If requested by customer, Pathwayz Communications will post a credit of 1/30 of the monthly service charge for each full day of outage only after the circuit in question has been out of operation for at least 72 hours. This is measured from the time a Trouble Ticket is created, and indicated by the time stamp on the Trouble Ticket. If Customer is experiencing a service outage, Customer should contact Pathwayz Communications Technical Support as soon as possible to begin proper troubleshooting.

Bonded DSL
Pathwayz Communications provides an uptime availability target of 99.9% for Bonded DSL services each calendar month. If Pathwayz Communications fails to meet the availability target for a particular month, Customer may request a credit for 3% of Customer’s package’s monthly recurring charge for each hour of service outage in excess of the availability target. By definition, a circuit is experiencing an outage if, by no fault of Customer, Pathwayz Communications is unable to verify a valid connection from the Central Office to the CPE installed at Customer’s location. Outage hours are rounded to the nearest hour and based on the time a Trouble Ticket is created, indicated by the time stamp on the Trouble Ticket.

Pathwayz Communications’ target response time for initializing service restoration following phone notification of a Bonded DSL service outage is 24 hours. If Pathwayz Communications is unable to meet this target response time, Customer may request a credit for 10% of Customer’s package’s monthly recurring charge. In no case shall the sum of target response time credits and uptime availability target credits combined with any other credits for which Customer is eligible during a calendar month exceed the total of Customer’s package’s monthly recurring charge.

T1 Service
Pathwayz Communications provides an uptime availability target of 99.99% for T1 Services each calendar month. If Pathwayz Communications fails to meet the availability target for a particular month, Customer may request a credit for 3% of Customer’s package’s monthly recurring charge for each hour of service outage in excess of the availability target. By definition, a circuit is experiencing an outage if, by no fault of Customer, Pathwayz Communications is unable to verify a valid connection from the Central Office to the CPE installed at Customer’s location. Outage hours are rounded to the nearest hour and based on the time a Trouble Ticket is created, indicated by the time stamp on the Trouble Ticket.

Pathwayz Communications’ target response time for initializing service restoration following phone notification of a T1 Service outage is 2 business hours. If Pathwayz Communications is unable to meet this target response time, Customer may request a credit for 10% of Customer’s package’s monthly recurring charge. In no case shall the sum of target response time credits and uptime availability target credits combined with any other credits for which Customer is eligible during a calendar month exceed the total of Customer’s package’s monthly recurring charge.

Pathwayz Communications guarantees 100% throughput on T1 circuits between the customer premise and Central Office excluding protocol overhead (i.e., CPE installed at Customer’s location will train to 100% of the purchased speed level). If Customer’s T1 circuit is continuously and chronologically documented through Pathwayz Communications tests and Trouble Tickets as functioning below the guaranteed connection speed for 60 consecutive days, Customer may disconnect service without penalty. Pathwayz Communications does not guarantee throughput from the Internet to a personal computer and vice-versa, as actual throughput is highly dependent on external factors such as Internet congestion, protocol overhead, and Customer’s internal network configuration and hardware.

Pathwayz Communications guarantees a maximum average latency of 60 milliseconds from the CPE installed at Customer’s location to a test point on the Pathwayz Communications network. Average latency is the hourly average of the latency tests performed on a T1 circuit. Average latency is not measured when a T1 circuit is experiencing a service outage. Should Customer’s average latency exceed the guaranteed maximum in a calendar month, Customer is eligible for a credit equal to one day’s worth of service.

Packet return is guaranteed at a minimum hourly average of 99.8% from the CPE installed at Customer’s location to a test point on the Pathwayz Communications network. Packet return is not measured when a T1 circuit is experiencing a service outage. Customer is eligible for a credit equal to one day’s worth of service for each hour that Customer’s packet return rate is below the minimum. A maximum of 3 days’ worth of service shall be credited for packet loss in a calendar month.

Test points for both latency and packet loss guarantees are designated by Pathwayz Communications and may be Customer’s gateway router or the CPE installed at Customer’s location. Testing must be done in a period where the only traffic on the T1 circuit is the test traffic. In the case of continuous high latency or packet loss exceeding Pathwayz Communications’ service guarantees, Pathwayz Communications reserves the right to recommend the disconnection of Customer’s service without penalty or allow continuation of service without service level agreement coverage.

Business Ethernet Service and Bonded VDSL
Pathwayz Communications provides an uptime availability target of 99.99% for Business Ethernet Services each calendar month. If Pathwayz Communications fails to meet the availability target for a particular month, Customer may request a credit for 3% of Customer’s package’s monthly recurring charge for each hour of service outage in excess of the availability target. By definition, a connection is experiencing an outage if, by no fault of Customer, Pathwayz Communications is unable to verify a valid connection from the Central Office to the CPE installed at Customer’s location. Outage hours are rounded to the nearest hour and based on the time a Trouble Ticket is created, indicated by the time stamp on the Trouble Ticket.

Pathwayz Communications’ target response time for initializing service restoration following phone notification of a Business Ethernet Service outage is 2 business hours. If Pathwayz Communications is unable to meet this target response time, Customer may request a credit for 10% of Customer’s package’s monthly recurring charge. In no case shall the sum of target response time credits and uptime availability target credits combined with any other credits for which Customer is eligible during a calendar month exceed the total of Customer’s package’s monthly recurring charge.

Pathwayz Communications guarantees 100% throughput on Business Ethernet connections between the customer premise and Central Office excluding protocol overhead (i.e., CPE installed at Customer’s location will train to 100% of the purchased speed level). If Customer’s connection is continuously and chronologically documented through Pathwayz Communications tests and Trouble Tickets as functioning below the guaranteed connection speed for 60 consecutive days, Customer may disconnect service without penalty. Pathwayz Communications does not guarantee throughput from the Internet to a personal computer and vice-versa, as actual throughput is highly dependent on external factors such as Internet congestion, protocol overhead, and Customer’s internal network configuration and hardware.

Pathwayz Communications guarantees a maximum average latency of 60 milliseconds from the CPE installed at Customer’s location to a test point on the Pathwayz Communications network. Average latency is the hourly average of the latency tests performed on a Business Ethernet connection. Average latency is not measured when a Business Ethernet connection is experiencing a service outage. Should Customer’s average latency exceed the guaranteed maximum in a calendar month, Customer is eligible for a credit equal to one day’s worth of service.

Packet return is guaranteed at a minimum hourly average of 99.8% from the CPE installed at Customer’s location to a test point on the Pathwayz Communications network. Packet return is not measured when a Business Ethernet connection is experiencing a service outage. Customer is eligible for a credit equal to one day’s worth of service for each hour that Customer’s packet return rate is below the minimum. A maximum of 3 days’ worth of service shall be credited for packet loss in a calendar month.

Test points for both latency and packet loss guarantees are designated by Pathwayz Communications and may be Customer’s gateway router or the CPE installed at Customer’s location. Testing must be done in a period where the only traffic on the Business Ethernet connection is the test traffic. In the case of continuous high latency or packet loss exceeding Pathwayz Communications’ service guarantees, Pathwayz Communications reserves the right to recommend the disconnection of Customer’s service without penalty or allow continuation of service without service level agreement coverage.

All Internet & Data Connectivity Services
Pathwayz Communications does not guarantee “ping times” for any product. Ping times are often misunderstood as indicative of throughput or speed of Customer’s line. If Customer has any questions or concerns regarding ping times or throughput, Customer should contact Pathwayz Communications Technical Support.

All Pathwayz Communications provided CPE is pre-configured for the service ordered. Support for the external configuration of Customer’s hardware (i.e., WAN configuration) comes with the service; however internal configuration for Customer’s private network (i.e., LAN configuration) is not supported by Pathwayz Communications. Pathwayz Communications cannot guarantee Customer’s hardware’s compatibility with Pathwayz Communications’ services or Pathwayz Communications’ ability to support it. If a technician visit is required to configure pre-owned or non-Pathwayz Communications provided hardware, an additional charge may be involved.

If a technician dispatch is necessary to repair any non-Pathwayz Communications initiated changes to the on-site equipment or wiring that renders the service inoperable, there will be a Technician Dispatch Fee. Dispatch Time spent on site and/or additional repairs may be billed per Pathwayz Communications’ discretion. This does not apply to dispatches needed for a repair due to normal service outages unless deemed necessary by Pathwayz Communications.

Other than as specifically described in these Terms of Service, Pathwayz Communications makes no guarantee or warranty of any kind. Pathwayz Communications does not warrant or guarantee that its service is fit for Customer’s particular purpose. Pathwayz Communications does not warrant or guarantee that its service meets any implied warranty of merchantability. Pathwayz Communications does not warrant or guarantee that its service meets any other implied warranty or guarantee and specifically disclaims any other implied warranties or guarantees.

POLICY CHANGE:

Pathwayz Communications reserves the right to change, amend, or revise this SLA policy at any time. Changes or revisions to the SLA will be deemed effective upon posting the applicable revision on the Pathwayz Communications website.

Call Customer Service with any questions you may have.