EPIK SERVICE LEVEL AGREEMENT

 

  1. SERVICE LEVEL AGREEMENT

This Service Level Agreement (“SLA”) sets forth specific terms related to EPIK’s Internet services (referred to herein as the “Services”), as set forth in the Option. This Policy along with the Terms and Conditions, Voice over Internet Protocol Services Policy (for VoIP Services), Acceptable Use Policy (AUP), Privacy Policy, and the original Option (collectively referred to as the “Agreement”) constitute the entire understanding between Customer and EPIK with respect to Services provided, superseding all previous communications or agreements regarding such subject matter.

EPIK is committed to providing reliable, responsive and personalized service. To ensure our business priorities are aligned with our Customers’ need for reliable service, EPIK provides the following Service Level Agreement (SLA) to our valued customers.

  1. SERVICE TARGETS
  • Response Priority: Critical: 4hrs or less
  • Network Quality of Service
  • Network Availability: Target of at least 99.999% uptime
  • Round Trip Latency Under 40ms
  • Jitter under 10ms
  • Packet loss target < 0.5
  1. CALCULATION OF MEASURED AVAILABLE TIME

The target available time for the Services provided by EPIK to the Customer is equal to 99.999% of the time in a calendar month. Availability is calculated by dividing the measured available time by the total time in a calendar month, expressed as a percentage. The measured available time is the total time in a calendar month less the measured unavailable time. Subject to any other terms in this SLA, the Services are deemed to be unavailable to the Customer when the Services are fully interrupted, or fail to meet designated specifications as contemplated in this SLA, such that the Services cannot be accessed or used by the Customer (an “Outage”), but excluding any such circumstances arising as the result of any event contemplated in paragraphs 7 and 8 of this SLA.

  1. CALCULATION OF MEASURED UNAVAILABLE TIME

The measured unavailable time starts upon notification of an Outage by the Customer to EPIK by telephone and/or email and/or text and the release of the affected Service by the Customer to EPIK for testing and repair. The measured unavailable time ends when the affected Service is restored. EPIK will notify the Customer by telephone and/or email and the Customer will confirm that the affected Service has been restored. Additional time taken by the Customer to perform confirmation testing is not included in the measured unavailable time if the Service is in fact restored.

  1. SERVICE LEVEL COVERAGE BOUNDARY

This SLA covers the infrastructure and/or facilities that are under EPIK’s direct control with respect to EPIK’s Internet services (the “EPIK Network”). All circuits or connections provided by telephone companies or other common carriers, as well as equipment owned by the Customer and not managed by EPIK, are excluded from the EPIK network. Any internal wiring within the Customer premises is excluded from the EPIK Network. To facilitate service level monitoring and verification, EPIK maintains a Test Server. All performance measurements and references to Test Server shall refer to EPIK’S server equipment located in a data  center in Southern California.

  1. TARGET MEAN TIME TO REPAIR (MTTR)

Mean Time to Repair (MTTR) is defined as the total network outage time for all trouble tickets in a measured month divided by the number of tickets. The target MTTR is four (4) hours following receipt of a Service Call from the Customer.

  1. CREDITS FOR MTTR

MTTR Following Receipt of a Service Call/Email/Text from the Customer, Credit will equal:

0 minutes to 2 hours               No credit

>2 hours to 4 hours                3% credit of monthly bill

>4 hours to 6 hours                6% credit of monthly bill

>6 hours to 8 hours                10% credit of monthly bill

additional 4 hour increments 3% per increment, not to exceed monthly billing total

In order to receive the foregoing credit, the Customer must notify EPIK of its claim for a credit within thirty (30) days of the Outage for which a credit is claimed.

  1. SERVICE CALL PROCEDURE

The Customer shall contact EPIK Support to report all service problems. The telephone number for contacting EPIK Support is 1(888) 585-3745 and e-mail support@EPIK.io.

The Customer must have the following information:

(i) Customer name

(ii) Telephone number(s) affected

(iii) Description of the problems encountered

(iv) Customer contact person and best method of communication.

During the Service Call, EPIK will open a ticket indicating the exact time the Service Call was received, the name of the person placing the call, and the details of the Service Call. A reference number (ticket) will be supplied to the Customer during the call. If a reference number cannot be supplied during the call, one will be supplied as soon as practical.

  1. SERVICE LEVEL EXEMPTION

Degradation in the performance of the Services and unavailable time shall not be included for the purposes of determining whether the Services meet the Minimum Service level, or for calculating measured unavailable time if such degradation or unavailable time arises from: (i) Scheduled Maintenance or other service interruptions agreed to by the Customer for the purpose of allowing EPIK to upgrade, change, implement an order, maintain, or repair the Service; (ii) directly or indirectly as the result of the acts or omissions of the Customer, any person for whom the Customer is legally responsible, or any person using the Services; (iii) failure of customer-provided equipment, or Customer’s internal networking infrastructure, or systems not provided, or under the control or direction of EPIK including equipment or systems EPIK may obtain or contract for at the request of the Customer, and (iv) any failure by the Customer to afford access to any location for which the Customer is responsible, or to any facilities required by EPIK for the purpose of investigating and correcting a degradation in the Services or an Outage.

  1. SCHEDULED AND UNSCHEDULED MAINTENANCE

Scheduled Maintenance means any maintenance activities performed by EPIK on the network or switching equipment to which the Customer is connected, provided that Customer has been given at least forty-eight (48) hours’ advance notice of such maintenance activities. Such activities are typically performed outside of Customer’s business operating hours and during the standard maintenance window between 00:01 am and 6:00 am local time. Notice of scheduled maintenance shall be given to Customer’s designated Contact by a method elected by EPIK (for example, telephone, e-mail, fax or text). The Customer may change its Contact upon reasonable advance written notice to EPIK. Unscheduled maintenance means any maintenance activities performed on the EPIK network to which Customer’s facilities are connected, as a result of a Threat or an Emergency. A Threat is defined as a situation or condition that would not normally cause an outage to a customer but introduces a very low risk to services or may lead to a brief service interruption. Examples include optical cable splicing, contractor working near fiber cables, and digging within ten feet of fiber cable. In the case of a Threat, EPIK will strive to provide customers with three (3) business days’ advance notice. In the event of an Emergency (defined as unplanned critical repairs, acts of vandalism and/or nature that has caused or could cause a degradation or interruption of service), EPIK will make best efforts to provide customers with short-term notice and an estimated time to repair.

  1. APPLICATION OF CREDITS

Credits shall be applied in respect of the next billing period and shall be based on the monthly rates in effect at that time. Calculation of all credits shall be based on the call log and other records maintained by EPIK. In no event shall any credit be awarded in excess of the monthly rates for the affected Service in effect at the time the credit is applied. If credits remain payable following the termination of the Service Subscriber Agreement, the Customer shall be entitled to receive a rebate equal to the amount of such credits.

  1. PERFORMANCE VERIFICATION

Performance verification, including verification of providing contracted services, may be tested upon request. To ensure accurate testing, EPIK will measure all performance verifications from the Customer premise device to the EPIK Test Server. If testing data failover service, with prior notification, the Customer LAN may be affected during the test. All efforts will be made to perform the test at a time that is convenient for the Customer.

  1. SERVICE PROCEDURES

If Customer has a service issue, it must notify EPIK at the following email address: customerservice@epik.io. EPIK will then open up a “trouble ticket” and seek to remedy the situation as soon as possible.

  1. CHRONIC OUTAGES

A Chronic Outage is considered to have occurred if the EPIK Services are unavailable for more than 48 consecutive hours, or if more than five (5) confirmed outages, each consisting of at least one hour of unavailability occur within a 30-day period. Upon EPIK’S verification of the Chronic Outage condition, and within 30 days of EPIK’S notice of such verification to Customer, Customer may cancel service without early termination fees or other penalty by providing EPIK written/email notice of its desire to cancel. EPIK will then cancel the service immediately, or on the timetable Customer requests, and will credit Customer with any unused monthly fees for which the Customer has previously paid.

  1. MOVING SERVICES DURING CONTRACT TERM

Customers may move their EPIK device service to a new location during their contract term as long as they are within EPIK’s footprint for a $500 fee for a standard installation. Additional fees may apply if the move requires a non-standard installation.

  1. LIMITED LIABILITY FOR SERVICES INTERRUPTIONS

Under no circumstances, due to emergency or any other factor, will EPIK be responsible for any loss of life, property or other damages relating to an outage of an alarm, phone service or error in 911 service processing. EPIK’s only duties are to maintain the best uptime possible and repair in the fastest service period possible when an outage or issue is reported to EPIK by the Customer. EPIK is not responsible for any damages financial or otherwise resulting from loss of alarm, phone or internet service which includes loss of customers, clientele, revenue, sales or other sources of income. EPIK’s liability is limited to the single monthly cost of the service connection. EPIK is not liable for any financial refunds for the entire contract length if the Customer opts to end the contract early due to EPIK’s non-performance in conformity with this SLA. All other limitations on liability set forth in the Terms and Conditions are hereby incorporated by reference.

  1. SLA NOT APPLICABLE TO DELINQUENT ACCOUNTS

This SLA applies only to Customers in good standing (paid current). Customers with delinquent accounts or past due balances do not qualify for service credits or priority response. Customers may not short pay invoices in expectation of receiving service credits.

  1. DISCLAIMER

This SLA excludes performance deficiencies resulting from:

  • Network maintenance
  • Circuits provided by telephone companies or other common carriers
  • Tampering of EPIK’s equipment either by Customer, Customer’s agents or by unauthorized third parties, including but not limited to property owners and their agents
  • Any external Internet supplier, Service Provider or an Internet exchange point
  • Customer’s network being compromised by unauthorized access
  • Behavior of Customer equipment, facilities or applications
  • Radio frequency interference or blockage
  • Acts of God, acts of nature, acts of civil or military authority, governmental actions, fires, civil disturbances, terrorism, and interruptions of power or transportation problems.
  • Any delay or performance failure caused by Customer’s failure to perform any of its obligations under this Agreement.