Altaire IP transit SLA

Overview
Altaire has the objective of achieving the performance criteria it has set for its Internet Colocation Service (“Service”) described in this Service Level Agreement (“SLA”). Where Altaire fails to meet the quality parameters detailed below, and subject to the eligibility criteria and exclusions detailed in the SLA , the Customer is entitled to request a credit of a proportion of the Charges for the Service (“Service Credit”).

This SLA is submitted pursuant to International Master Services Agreement, Internet Services Agreement or the Wholesale versions thereof, as applicable (“Master Agreement”), and the Service Order for Internet Colocation, together the “Contract”.

This SLA shall be incorporated into and shall form part of the Contract. In case of any inconsistencies between the constituent parts of the Contract, unless the context expressly requires otherwise, the following order of precedence shall apply: (i) the SLA ; (ii) the Service Order; and (iii) the Master Agreement.

Words and phrases defined in the Contract shall, unless separately defined, have the same meaning in this SLA.

SLA eligibility
Customer will only be eligible for this SLA if:
o Customer has ordered the Service to be provided in one of the following Data Centers
o London : 2 – 16 St Pancras Way, London , NW1 0QB , United Kingdom
o Portsmouth : Unit 3, Quay Point, Portsmouth , PO6 3TD
o Paris : 14, Rue de la Montjoie, 93210 St Denis , France
o Amsterdam : Kollenbergweg 13, 1101 AR Amsterdam , Netherlands
o Milan : Via del Carroccio 6, 20100 Pero , Italy
o Madrid : Calle Albasanz 41, 28037 Madrid , Spain
o Oslo : Hans Moller Gasmannvej 9, Vollebeck, 0498 Oslo , Norway
o Diegem: Culliganlaan 2H, B-1831 Diegem , Belgium
o Customer keeps Altaire informed of current Customer contact details at all times.
o Customer contracts for an Initial Service Term of at least one year.
o Customer agrees to and signs an applicable Master Agreement.

SLA general
Customer may request Service Credits under the following conditions:
1. Customer must make a request for a Service Credit in writing with a clear reference to the affected Service within fifteen (15) Business Days (i) of opening the relevant trouble ticket (if required); or (ii) if information maintained by Altaire is required in respect of the claim, from the time when the required information is made available by Altaire. If the claim is based on a failure, which has to be reported to the helpdesk by Customer, Customer has to provide the applicable trouble ticket number while claiming for Service Credits.
2. The maximum amount of Service Credits payable to Customer in any calendar month under any and all the commitments set out in this SLA, shall, in aggregate, not exceed the applicable Monthly Fee, which, not including the credit, would have been charged that month for the affected Service.
3. Service Credits shall be calculated by reference to the Monthly Fee that Customer paid in the month prior to the month in which it requested the Service Credit.
4. No Service Credits shall be made if failure to meet a Service parameter outlined below is attributable to (i) Customer Equipment, applications or facilities, (ii) acts or omissions of Customer or any user of the Service authorised by Customer,
(iii) reasons of Force Majeure or other circumstances beyond Altaire's reasonable control.
5. Customer shall keep Customer contact details on the Customer Information Form accurate and up to date.
6. Customer agrees that any SLA Service Credits or equivalent payments made by Altaire to Customer under this SLA shall be the sole and exclusive remedy available to Customer in respect of Altaire not meeting the Service commitments outlined below.

SLA.1 – Network Availability Commitment
Altaire's Network Availability Commitment is to have its IP Network up to and including the Customer's Demarcation Point in the Customer's Rack (“Network Connectivity”), available 100% of the time and, as set forth below, Altaire will credit Customer's account if Altaire fails to meet this Network Availability Commitment during any given calendar month.
“Network Unavailability” consists of the number of minutes that the Altaire IP Network was not available to Customer, but will not include unavailability resulting from:
§ Altaire Scheduled Maintenance.
§ Altaire relocating the Customer Equipment within the Facility or moving the Customer Equipment to another facility in accordance with the Colocation General Terms and Conditions
“Scheduled Maintenance” shall mean any maintenance on the Altaire IP Network of which Customer is notified seven (7) calendar days in advance and that is performed during a standard maintenance window as set out in the related Service Order Form. Notice of Scheduled Maintenance will be provided to Customer's designated point of contact by a method elected by Altaire (telephone, email, fax, pager or SMS).

For each cumulative hour of Network Unavailability or fraction thereof in any calendar month above and beyond the Network Availability Commitment, Customer shall be credited 1/30 of the Monthly Fee for the Service with respect to which the Network Availability Commitment has not been met.

SLA.2 – Network Latency Commitment
Altaire's European Network Latency Commitment is an average round-trip transmission of thirty (30) milliseconds or less between Altaire-designated inter-regional transit backbone network routers (‘Hub Routers') in Europe .

Altaire's North American Network Latency Commitment is an average round-trip transmission of forty five (45) milliseconds or less between Altaire-designated Hub Routers in North America .

Altaire's Transatlantic Network Latency Commitment is an average round-trip transmission of ninety (90) milliseconds or less between an Altaire-designated Hub Router in the New York metropolitan area and an Altaire-designated Hub Router in the London metropolitan area.

Altaire's Europe to Asia Pacific Rim Network Latency Commitment is an average round-trip transmission of four hundred twenty (420) milliseconds or less between an Altaire-designated Hub Router in Europe and an Altaire-designated Hub Router in Asia Pacific Rim.

Altaire's Europe to South Africa Network Latency Commitment is an average round-trip transmission of three hundred fifty (350) milliseconds or less between an Altaire-designated Hub Router in Europe and an Altaire-designated Hub Router in South Africa .

Altaire's North America to Intra-Europe Network Latency Commitment is an average round-trip transmission of one hundred and ten (110) milliseconds or less between an Altaire-designated Hub Router in the U.S. and an Altaire-designated Hub Router in Intra Europe.

Latency shall be measured by averaging sample measurements taken during a calendar month between Hub Routers. Each month's Network performance statistics are available on request.

If Altaire fails to meet any Network Latency Commitment in a month, Customer shall be entitled to receive a Service Credit equivalent to the pro-rated Charges of 1/30 of the Monthly Fee for each Network Latency Commitment that has not been met.

SLA.3 – Network Packet Delivery Commitment
Altaire's European Network Packet Delivery Commitment is packet delivery of ninety nine point five (99.5) % or greater between Altaire-designated Hub Routers within Europe .

Altaire's North American Network Packet Delivery Commitment is packet delivery of ninety nine point five (99.5) % or greater between Altaire-designated Hub Routers in North America .

Altaire's Transatlantic Network Packet Delivery Commitment is packet delivery of ninety nine point five (99.5) % or greater between an Altaire -designated Hub Router in the New York metropolitan area and an Altaire -designated Hub Router in the London metropolitan area.

Altaire's Europe to Asia Pacific Rim Network Packet Delivery Commitment is packet delivery of ninety nine (99) % or greater between an Altaire -designated Hub Router in Europe and an Altaire -designated Hub Router in Asia Pacific Rim.

Altaire's Europe to South Africa Network Packet Delivery Commitment is packet delivery of ninety nine (99) % or greater between an Altaire -designated Hub Router in Europe and an Altaire -designated Hub Router in South Africa .

Altaire's North America to Intra Europe Network Packet Delivery Commitment is packet delivery of ninety nine (99) % or greater between an Altaire -designated Hub Router in U.S. and an Altaire -designated Hub Router in Intra Europe.

Packet Delivery shall be measured by averaging sample measurements taken during a calendar month between Hub Routers.

Each month's Network performance statistics relating to the Network Packet Delivery Commitments are available on request.

If Altaire fails to meet any Network Packet Delivery Commitment in a month, Customer shall be entitled to receive a

Service Credit equivalent to the pro-rated Charges of 1/30 of the Monthly Fee for each Network Packet Delivery Commitment that has not been met.

SLA.4 – Power Availability Commitment
Power Availability Commitment is to have the AC power provided to Customer's Rack one hundred (100) % of the time excluding Power Scheduled Maintenance interruptions as set forth below.

Altaire has the right to perform two power maintenance interruptions per year of a maximum of two (2) hours each on the power feed, of the Site or alterations to the Site or Location, which shall affect the Customer (a) of which Customer is notified, no less than five (5) Business Days in advance, and (b) that is performed during a standard Scheduled Maintenance window. Notice of Power Scheduled Maintenance shall be provided to Customer's designated point of contact by a method elected by Altaire (telephone, email, fax or pager).

"Power Unavailability" consists of the number of minutes the AC power was not available to Customer's Rack. Power unavailability is defined as the duration of a power interruption at the Customer's Rack, due to (i) a fault in the Altaire LV power distribution, up to and including the individual breaker protecting the Customer's Rack; or (ii) a planned interruption at Altaire's request for maintenance above and beyond the yearly Power Scheduled Maintenance interruption as stated in this SLA.

Power Unavailability shall not include unavailability resulting from:
§ Altaire Scheduled Maintenance;
§ A fault or power surge in the Customer Equipment or Customer's Rack that causes the individual breaker protecting the Rack to trip;
§ A Power Maintenance interruption at the demand of the Customer;
§ Altaire relocating the Customer Equipment within the Facility or moving the Customer Equipment to another facility in accordance with the Colocation General Terms and Conditions.

In case of Power Unavailability Customer shall be entitled to a Service Credit as detailed in the section “Power Unavailability Service Credit Schedule” below, with a maximum Service Credit of seven (7) days in any given week.

Power Unavailability Service Credit Schedule

SLA.5 – Installation Commitment
Altaire commits to an install timeframe of ten (10) Business Days or less, for bandwidth provisioned at 10 Mbps or less. The Install Commitment solely includes the Customer's Fast Ethernet handoff in Customer's Rack, its IP configuration and connectivity.

The install timeframe shall start on the send date of the Welcome Letter that Altaire shall send to Customer to accept its Service Order. The term ends on the send date of the “Notification of Connection” to Customer by Altaire.

The Install Commitment is not applicable for:
§ Any out of band connectivity provided by Altaire or local telephone companies; and
§ Any other feature of the Service than the Customer's Fast Ethernet handoff in Customer's Rack, its IP configuration and connectivity.
If the Install Commitment has not been met by Altaire, Customer shall request a Service Credit by contacting the local customer helpdesk within fifteen (15) Business days following the receipt of the Ready for Service Notification of Connection. For the avoidance of doubt bullet item 1 of section ‘SLA General' shall not apply in respect of this Commitment.

If Customer contacts Altaire within such fifteen (15) Business day period, Customer's account shall be credited fifty (50) % of the Installation Fee for the Customer Site with respect to which this Commitment has not been met.