Service Level Agreement

Service Commitment

RIPPLE WEB is committed to providing a reliable, high-quality network to support its high-speed Internet access service (Service). As part of this commitment, RIPPLE WEB is pleased to offer you, the Customer, the following Network Availability Guarantee.

If RIPPLE WEB fails to meet any of this guarantee, it will provide the Customer with a Service Credit, as set forth below in this Service Level Agreement.

Guarantee Of Network Availability

RIPPLE WEB guarantees Network Availability of the Service of 100% across its Network. If the RIPPLE WEB Network experiences Network Unavailability for more than 15 consecutive minutes, the Customer will receive, at Customer’s request, one (1) day Service Credit for each cumulative hour of Network Unavailability in any calendar month. Provided the RIPPLE WEB Network experiences at least one (1) hour of Network Unavailability in any given calendar month, additional Network Unavailability of less than one (1) hour will result in a proportional Service Credit. (Example: 2 hours, 15 minutes of Network Unavailability will result in 2.25 days Service Credits.) Customer may obtain no more than one (1) month Service Credit for any given month.

Definitions

RIPPLE WEB Network means the telecommunications/data communications network and network components owned, operated or controlled by RIPPLE WEB.

Network Unavailability means the number of minutes that the RIPPLE WEB Network was not available to Customer, including the number of minutes that the RIPPLE WEB Network was not available associated with any non-Scheduled Maintenance to the RIPPLE WEB Network. Network Unavailability will not include Scheduled Maintenance, or any unavailability resulting from: (a) problems resulting from Customer’s maintenance of the dedicated or colocation server; (b) unavailability caused by companies other than RIPPLE WEB; or (c) Force Majeure.

Scheduled Maintenance means any maintenance of the RIPPLE WEB Network (or portion thereof) to which Customer’s server is connected that is performed during a standard maintenance window from 11:00pm to 6:00am (local time of the RIPPLE WEB Switch to which Customer’s server is connected). Customers will be notified via Email two (2) business days in advance of any scheduled maintenance that is likely to effect service. In most cases, maintenance performed will not take the full configuration window and are typically less than 5 minutes however, RIPPLE WEB will inform Customer as to anticipated duration in the maintenance notification E-mail.

Service Credit means:

• One (1) day Service Credit = 1/30th of Customer’s Monthly Recurring Charges.
• One (1) week Service Credit = 7/30ths of Customer’s Monthly Recurring Charges.
• One (1) month Service Credit = Full amount of Customer’s Monthly Recurring Charges.

Service Credit Claim Process

In order to initiate a claim for Service Credit, Customer must contact RIPPLE WEB’s customer service group within seven (7) business days after the end of the month for which credit is requested. The Service Credit request must provide: (a) the Customer name and contact information; (b) the date and beginning/end time of the claimed outage or failed metric; and (c) a brief description of the characteristics of the claimed outage or failed metric.

Customer will be notified via e-mail upon resolution of the request. If rejected, the notification will specify the basis for rejection. If approved, RIPPLE WEB will issue Service Credit to Customer’s account, appearing on the next invoice issued. Multiple Service Credits will not be given for the same period of time, i.e., failure to meet multiple criteria during a period of time generates only a single Service Credit. The total number of all Service Credits for all failures to meet Guarantees occurring in a given month may not exceed the total Monthly Recurring charge actually paid by Customer for Service during that month. Service Credits will be credited against a Customer’s monthly payment for Monthly Recurring Charges and may not be received in the form of a refund.

The Guarantees and Service Credits provided for in this SLA assume compliance by Customer with the terms and conditions of its TOS with RIPPLE WEB, and the failure of Customer to comply with those terms and conditions may invalidate RIPPLE WEB’s guarantees provided herein. No credit is available for a Customer whose account is not in good financial standing with RIPPLE WEB.