Verizonenterprise.com - Internet Dedicated Services Online Service Document

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Internet Dedicated Services

Online Service Document

I.          SERVICE DESCRIPTION: Internet Dedicated Services provide dedicated Internet access speeds of T1 to OC192, plus Dedicated Ethernet, Gigabit Ethernet (GigE) and 10 Gigabit Ethernet (10GigE). Standard Internet Dedicated Services provide access to a router at Company’s network hub near Customer’s site and connectivity to Company’s network infrastructure (the points of presence, network hubs, and host computers utilized to provide an Internet service hereinafter collectively referred to as the “Network”). Installation of Internet Dedicated Services will be performed Monday through Friday, excluding holidays, from 8 a.m. to 8 p.m. EST (Standard Hours). At Customer’s request, Company will use commercially reasonable efforts to perform installation outside of Standard Hours for an additional charge.

Internet Dedicated Services provides the following:

·         Provision of 7x24 hour monitoring and notification.

·         Provision of 7x24 hour Customer support. 

·         Provision of static or dynamic routing.

·         Back-up e-mail “store and forward” service, using Simple Mail Transfer Protocol (SMTP). Customer is responsible for providing a main mail host that will send and receive SMTP mail using the Domain Name Service (DNS) Mail Exchange records.

·         Assignment of a suitable number of IP addresses to be used in conjunction with the Service at Customer’s request and in accordance with Company’s then-current applicable assignment guidelines.  Company can provide either IPv4 or IPv6 protocol upon Customer’s request where such protocol is available.

·         Internet Dedicated Services are available in the U.S. Mainland, Alaska and Hawaii.  For service in Alaska, Customer must secure local access and private line backhaul between Customer's location and Company's IP hub in Seattle, Washington.

1.         Service Options. In addition to standard Internet Dedicated Services, the following service options are available:

1.1       Internet Dedicated Ethernet (IDE) Services. Company’s Internet Dedicated Ethernet (IDE) Service provides Customer at its locations that are Ethernet lit with full, unrestricted access to the Network at speeds of up to 1000 Mbps using an Ethernet network connection. Company will provide Internet Dedicated Ethernet Service to Customer only in designated Company Ethernet lit buildings in designated metropolitan areas (i) that are connected to the Network via Company facilities and (ii) in which Company provides and maintains Ethernet network equipment. Company may interrupt Internet Dedicated Ethernet Service for scheduled or emergency maintenance or as otherwise set forth in the Customer contract. Customer is responsible for the configuration, operation, and maintenance of its Local Area Network (LAN), which will be connected to the Internet Dedicated Ethernet Service.

1.2       Internet Dedicated Fast Ethernet Port Only (FE) Services. Company's Internet Dedicated Fast Ethernet Port Only Service is a dedicated point-to-point Internet access product that provides Customer with full, unrestricted access to Company's Network at speeds of up to 100 Mbps using an Ethernet network connection. Customer's demarcation point must reside within the same building as a FE Port Only-qualified Company network hub. To ensure proper installation, Company will order all access lines within the facility where the Company hub is located.

1.3       Internet Dedicated Gigabit Ethernet (GigE) Port Only Service. Company’s Internet Dedicated GigE Port Only Service is a dedicated Internet access product utilizing intra-building connectivity based on the IEEE 802.3z for Gigabit Ethernet standards and IEEE 802.3ae for 10 Gigabit Ethernet standards. Customer's demarcation point must reside within the same building as a GigE Port Only-qualified Company network hub. To ensure proper installation, Company will order all access lines within the facility where the Company hub is located.

2.         Service Types. The following service types are available:

2.1       Price-Protected Service. Price-Protected Service provides access to the Network at the full bandwidth of the selected service (T1, T3, OC3, OC12, OC48, OC192, full Gigabit Ethernet access for GigE, etc.)

2.2       NxT1 Service. NxT1 Service provides access to the Network at any time at the full bandwidth of the selected Internet Dedicated service multiplied by the number of circuits ordered (i.e., 3 Mbps for 2xT1, 4.5 Mbps for 3xT1, 6 Mbps for 4xT1, 7.5 Mbps for 5xT1, 9 Mbps for 6xT1, 10.5 Mbps for 7xT1, and 12 Mbps for 8xT1). NxT1 Service is available using Multilink Frame Relay (MLFR) for circuits with IPv4 addressing and Multilink Point to Point Protocol (MLPPP) for circuits. Rates and charges for NxT1 are applicable whether the Internet Dedicated NxT1 Service is configured using MLFR or MLPPP.

2.3       Double and Diverse Service. Double Service and Diverse Service both provide two circuits of equivalent bandwidth and Service Type to the Network with Double Service terminating both circuits at the same hub and router (aka, Mated Pair – Single Termination), and Diverse Service terminating each circuit into different network hubs (aka Mated Pair - Dual Switch), where available. If there is not available capacity in geographically diverse hubs, Company will provision the circuits on two separate gateway routers within the same hub  (aka Mated Pair - Diverse Equipment). Double Service emphasizes increased bandwidth; Diverse Service offers more redundancy. Double Service and Diverse Service are provisioned at the full port speed (i.e. the equivalent of the Price Protected Service Type).

Effective June 1. 2011, this Feature is available and enables the Customer to specify the Service Type for each circuit of equivalent access and port bandwidth ordered as a diverse circuit pair. The Diverse Feature is described in Section III.

2.4       Tiered Service. Tiered Service provides access to the Network capped at the tier specified by Customer. Customer shall provide not less than sixty (60) days’ prior written notice before downgrading service to a lower tier.

2.5       Shadow Service. Shadow Service provides backup access to the Network for use in the event of an outage on the associated Internet Dedicated Service. Shadow Service is only available if Customer orders an equivalent primary Internet Dedicated Service from Company (e.g., Shadow OC3 is available only with OC3 Service). The contracted term of Shadow Service will be the same as the term of Customer’s associated primary Internet Dedicated Service. Shadow Service requires that the Shadow Service Measured Use Level not exceed the “Maximum Shadow Measured Use Level” (i.e., 64 Kbps for T1, 500 Kbps for T3, 1.7 Mbps OC3, 6.8 Mbps for OC12, 24 Mbps for OC48, 96 Mbps for OC192, 10 Mbps for GigE, and 25 Mbps for 10GigE) while the primary Internet Dedicated Service is available. If the Maximum Shadow Measured Use Level is exceeded at any time while the primary Internet Dedicated Service connection is available, an excess usage charge applies for the affected Internet Dedicated Shadow Service for that Measured Use Level. The excess usage charge will apply until the Measured Use Level of the Shadow Service decreases below the Maximum Shadow Measured Use Level for the month. If the primary Internet Dedicated service is unavailable (as defined in the Service Level Agreement), the Measured Use Level of the Shadow Service in excess of the Maximum Shadow Measured Use Level will not be subject to excess usage charges. The Service Level Agreement shall be applicable to Shadow Service only if Customer uses Shadow Service as the primary Company Internet Dedicated Service.

Customers ordering Shadow Services with the Diverse Feature will be assessed a Diverse Feature Charge for each of the circuits ordered in a Shadow circuit pair (i.e. the primary Internet Dedicated service and the Shadow Service) as outlined in Section IV, Rates and Charges. Shadow Service with the Diverse Feature will be provisioned by terminating the Shadow Service into geographically diverse network hubs (aka Mated Pair - Dual Switch), where available. If there is no available capacity in a geographically diverse hub, Company will provision the Shadow (and the new or existing primary Internet Dedicated service) on two separate routers within the same hub (aka Mated Pair - Diverse Equipment).

2.6       Burstable Service – Internet Dedicated Services. Internet Dedicated Burstable Service provides full Internet Dedicated Services access to the Network and can burst to the full bandwidth of the selected Service at any time (i.e., 1.5 Mbps for T1, 45 Mbps for T3, 155 Mbps for OC3, 622 Mbps for OC12, 2488 Mbps for OC48 and 9952 Mbps for OC192). 

If Customer's Measured Use Level during any two consecutive months (T1) or any single month (T3, OC3, OC12, OC48, and OC192) exceeds Customer's then-current Burstable Service level, Customer's Burstable Service level may be upgraded by Company.

2.7       Burstable Service – Internet Dedicated Ethernet Service. Internet Dedicated Ethernet Burstable Service provides a Burstable Service level within one of the following maximum port speeds: 10 Mbps, 50 Mbps, 100 Mbps, or 600 Mbps. Internet Dedicated Ethernet Burstable Service provides full, unrestricted access to the Network at the selected Burstable Service level with the ability to burst to the full bandwidth for the applicable range. 

If Customer's Measured Use Level during any single month exceeds Customer's then-current Burstable Service level, Customer's Burstable Service level may be upgraded by Company.

2.8       Burstable Service – Internet Dedicated GigE Port Only Service. For GigE Port Only Burstable Service, Customer receives full Gigabit Ethernet access to the Network and can burst to the full 1000 Mbps at any time. Monthly billing is based on the Burstable Service level selected by Customer.

If Customer's Measured Use Level during any single month exceeds Customer’s then-current Burstable Service level, Customer’s Burstable Service level may be upgraded by Company.

2.9       Burstable Downgrade. Customer may downgrade to a lower Burstable Service level if Customer's Measured Use Level is at or below such Burstable Service level for at least two consecutive months and Customer thereafter requests the downgrade in writing.

2.10     Burstable Select. Burstable Select provides access to the Company Network and Customer may subscribe to a Bandwidth Commitment which is less than the full bandwidth of the selected Internet Dedicated Service and may burst to the full bandwidth of the selected Internet Dedicated Service. Bandwidth Commitment equals the portion of a circuit (as measured in bandwidth) which Customer may use in a monthly period without incurring an overage charge.

2.10.1  Bandwidth Commitment Change. Customer may upgrade or downgrade its Burstable Select Bandwidth Commitment once per calendar month per circuit by making a written request to Company. Customer’s new Bandwidth Commitment will become effective on the first day following the end of the billing cycle in which Company receives Customer’s request.

2.11     Aggregated Billing. Aggregated Billing is a type of Internet Dedicated Access Service that provides aggregation of billing contributions and usage across multiple circuits. By doing so it provides the Customer more flexibility to vary bandwidth for each individual circuit. Each circuit contributes with a selectable commitment. Overage charges apply only, when the total usage exceeds the total contributions across the Customer’s circuits. 

With Aggregated Billing, Customer is provided access via the selected circuit type and Customer may subscribe to a Bandwidth Contribution that is less than the full bandwidth of the selected Internet Dedicated Service and may burst to the full bandwidth of the selected Internet Dedicated Service (i.e., T1, T3, OC3, OC12, OC48, OC192, IDE, FastE, GigE, 10GigE). For NxT1 services (MLFR or MLPPP) Aggregated Billing provides the selected NxT1 access at a Bandwidth Contribution that is equal to the full bandwidth of the selected Internet Dedicated Service only (i.e., 3 Mbps for 2xT1, 4.5 Mbps for 3xT1, 6 Mbps for 4xT1, 7.5 Mbps for 5xT1, 9 Mbps for 6xT1, 10.5 Mbps for 7xT1, and 12 Mbps for 8xT1). Customer shall provide not less than thirty (30) days’ prior written notice before downgrading service to a lower tier.

The Customer’s Aggregated Bandwidth Contribution is determined each month by adding together the Customer-specified Bandwidth Contribution for each active Internet Dedicated Service ordered as an Aggregated Billing Port Type. The bandwidth contributions are aggregated to obtain the Aggregated Monthly Bandwidth Contribution.

If the Customer’s Aggregated Measured Use Level for all active Internet Dedicated Services ordered as an Aggregated Billing Type exceeds the Customer’s Aggregated Bandwidth Contribution, an overage charge will be assessed based on the aggregated excess usage. 

Aggregated Billing services are ordered under a single Corporate ID. They will be aggregated into a single Aggregated Bandwidth Contribution to determine Overage Charges each month. Aggregation across multiple Corporate IDs is not supported.

 II.        DEFINITIONS: In addition to the Online Definitions, the following product-specific definition applies:

Measured Use Level To calculate Customer’s Measured Use Level, Company samples Customer’s Service usage periodically throughout a given month. Customer’s usage at the 95th percentile of samples (i.e., samples representing the highest 5 percentiles of usage are discarded) is Customer’s Measured Use Level. For example, if Company took 100 samples of Customer’s T3 Service in a given month and Customer’s highest 6 samples were 15.67 Mbps, 14.73 Mbps, 14.72 Mbps, 13.22 Mbps, 12.25 Mbps, and 11.39 Mbps, Customer’s Measured Use Level would be 11.39 Mbps for that month.

III.        FEATURES AND OPTIONS: The following features and options are available:

1.         ISDN Backup. ISDN Backup is available with T1 Internet Dedicated Services with IPv4 addressing only. Customer must order ISDN lines separately.

2.         Customer Equipment. Customer may purchase a router, CSU/DSU, or other hardware and software (Company-Provided Equipment) from Company for an additional charge, or Customer may provide its own equipment which must be compatible with the Company network. Company-provided CPE is provided under a separate service agreement.

If Customer provides its own equipment, it must be compatible (and remain compatible) with the Network. Should Customer purchase Company-Provided Equipment from Company, Company will ship the then-current Company-tested version of the Company-Provided Equipment to Customer. Company is acting only as a reseller with respect to the Company-Provided Equipment, which was manufactured by a third party (Manufacturer). Customer must not modify the Company-Provided Equipment in any way that deviates from an approved Company configuration. Customer’s use of the Company-Provided Equipment is subject to the terms and conditions of the Manufacturer’s end user agreement for the Company-Provided Equipment. Company will provide first-level support for Company-Provided Equipment, but will not repair or replace Company-Provided Equipment. Title to the Company-Provided Equipment and risk of loss in connection with the Company-Provided Equipment shall pass to Customer upon shipment of the Company-Provided Equipment from Company.

3.         Network Applications. Descriptions of the domain name, mail, news services, and other network applications available in connection with the Internet Dedicated Services, and the pricing and additional terms applicable thereto, are set forth in the Network Applications Fee Schedule available at http://www.verizonbusiness.com/terms (or other URL designated by Company). Company reserves the right to change the Network Applications Fee Schedule from time to time, effective upon posting of the changes to the applicable URL or other notice to Customer.

3.1       Primary/Secondary Domain Name Service (DNS). DNS Hosting denotes the basic network service that translates host and domain names into corresponding IP addresses, and vice versa. When registering a domain name, the registrant must provide the addresses of at least two servers to translate the IP addresses of machines into their respective host names.

3.2       IP Address Allocation. IP address space is a finite resource that is an essential requirement for all Internet Access products. Every Customer circuit, from dial-up to OC192, needs an IP address for Internet connectivity. Company allocates address space to Customers based on Customer need. Company does not allocate address space based on Internet bandwidth since a T3 Customer could conceivably have a legitimate need for more address space than an OC192 Customer.

3.3       SMTP (Simple Mail Transfer Protocol) Relay. SMTP Relay is a regular feed from Customer’s mail server (or client) to Company’s SMTP infrastructure. Mail is transferred between Customer’s server (or client) and Company’s SMTP infrastructure in real time from authorized and connected networks or hosts. The SMTP infrastructure will return to sender any individual message exceeding 5 MB in size or destined for more than 25 recipients.

3.4       MX (Mail Exchange) E-mail Backup. MX works in conjunction with Primary/Secondary DNS Hosting to route mail destined for a Customer's server to Company’s SMTP infrastructure in the event that Customer's server is unreachable. Each Customer-destined message is stored for up to five days until Customer's mail server is available.

3.5       Mailbagging. Mailbagging functions as an on-demand SMTP feed from Company’s SMTP infrastructure to Customer’s mail server. Customer must have a SMTP mail server at its site to receive this service. When Customer connects to the Network, Customer must initiate the UNIX-based "finger" command to have mail delivered to its server. For the remainder of the session, mail will continue to be transferred between Customer’s server and Company’s SMTP infrastructure in real time, and made locally available on Customer’s server for distribution to its internal network. When Customer disconnects from Network, mail will once again be stored on Company’s SMTP infrastructure until Customer connects again. 

3.6       Newsreader. Newsreader offers a bulletin board, discussion-group type extension to e-mail. This product allows one-to-many transmission of text files up to 30kb per article transiting the system to and from newsgroups for circuits using IPv4. All binary files, including, but not limited to, binary files containing images, photographs, videos and program files are not permitted. The articles are distributed throughout Usenet by a number of news servers exchanging newsfeeds.

3.7       Diverse Feature. Effective June 1. 2011, Customers may specify the Service Type for each circuit of equivalent access and port bandwidth ordered as a diverse circuit pair (i.e. Burstable, Burstable Select, Tiered or Price Protected, etc. at T1 bandwidth). Customers specifying the Service Type for each Internet Dedicated Services circuit ordered as a Diverse circuit pair will be assessed a Diverse Feature Charge for each of the circuits ordered in a diverse circuit pair, including Shadow Service, as outlined in Section IV., Rates and Charges.

4.         Internet Dedicated Quality of Service (QoS).

4.1       QoS Description. With Internet Dedicated QoS, Customer's CPE or Customer's applications mark traffic for assignment to one of five QoS traffic priority classes for Internet Dedicated Services (EF, AF4, AF3, AF2, and BE), based on the IP precedence settings that Customer applies to the Type of Service (ToS) byte in the IPv4 header. Based on the traffic priorities set by Customer, the various traffic flows are provided a portion of bandwidth that favors higher priority traffic over lower priority traffic during times of congestion. Customer may adjust its QoS configuration up to five times within a 12-month interval by working with Company technical support. Additional configuration adjustments within such 12-month period will be accommodated by Company at standard non-recurring rates for the applicable Internet Dedicated circuit.

4.2       QoS Traffic Priority Classes. Traffic priority classes are described below:

Name of Priority Class

Characteristics Priority Class

Expedited Forwarding (EF)

·         Highest forwarding priority

 

·         Low latency, low jitter

 

·         Strict  forwarding priority

 

·         Can access 100% of port bandwidth

Assured Forwarding

·         Next highest forwarding priority

(AF4, AF3, and AF2)

·         Class-based weighted fair queuing

 

·         AF4, AF3, and AF2 distinguished under congestive egress state

 

·         Can access unused bandwidth not assigned to EF

Best Effort (BE)

·         Lowest priority

 

·         Class-based weighted fair queuing

 

·         Can access unused bandwidth not assigned to EF

5.         Additional Features.

5.1       Install Engineer. A Company professional is assigned to every order to oversee the successful installation and functioning of Company’s Service.

5.2       Full-Time Technical Support. The Network Operations Center (NOC) – fully and professionally staffed 24 hours a day, 7 days a week – proactively monitors the Network around the clock. All dedicated connections are checked every five minutes to make sure they are performing properly. In the event of a problem, Customer will be promptly notified by the method elected by Customer. If Customer identifies a problem; Customer Service is available 24x7 to open a trouble ticket.

5.3       POP3 E-mail. A simple, economical solution for Customers having a small number of end-users (approximately 300 maximum accounts per Customer) who want to avoid the expense and effort of managing their own mail servers. All Customer-destined mail is stored in Company’s POP3 (Post Office Protocol Three) infrastructure until Customer connects to the Network to retrieve messages. Customer must supply its own POP3-compatible client software, such as Eudora or Outlook Express. POP3 accounts, beyond those included free with certain services, are available for a fee to non-wholesale/resale Internet connectivity Customers.

IV.        RATES AND CHARGES: The following rates and charges apply. For service in Alaska, Customer must secure local access and private line backhaul between Customer's location and Verizon's IP hub in Seattle, Washington. If a customer receives a service for which its Company Customer Agreement does not specify a rate (either a standard rate under its pricing plan or a negotiated non-standard rate), then the customer will pay the applicable rate in the earliest Company standard pricing plan with the same rate structure for that service as the agreement’s pricing plan.

1.         Verizon Business Services III for service under a Signed Contract executed by Customer on or after June 15, 2009

2.         Verizon Business Services III for service under a Signed Contract executed by Customer before June 15, 2009

3.         Verizon Business Services II

4.         Verizon Business Services I

5.         Pre-Verizon Business Services I

V.         TERMS AND CONDITIONS: In addition to the Online Master Terms - Terms and Conditions of Service, the following terms and conditions apply:

1.         Order Process. Customer may order the Internet Dedicated Services by contacting Customer’s Company-designated account representative, who will process Customer’s order. This order shall constitute the binding commitment of Customer to purchase the requested Service. Company’s activation of Service shall constitute Company’s acceptance of Customer’s order, unless another mode of acceptance is expressly stated. Company reserves the right to reject any order for any reason, including without limitation, Company’s obligations under applicable laws, regulations, directives, governmental authority or orders, third party contracts, or Customer’s failure to meet Company’s credit approval requirements. In addition, Company may reject an order in the event (a) of the inability or impracticality of providing such Service in a particular geographic area in which Company does not have sufficient presence, capacity, corporate infrastructure or Network technical infrastructure to effectively support the requested Service or (b) Company no longer commercially offers the Service.

2.         Service Provisioning. Company will order all local access lines, unless Customer requests (and Company approves) that Customer order its local access lines. Start-up Fees and Monthly Fees for local line access circuits (the “local loop”) are additional. Company may interrupt access for (i) scheduled maintenance (usually scheduled during off-hours at the Company hub, such as Tuesdays and Wednesdays between 3:00 AM and 6:00 AM local time), (ii) emergency maintenance, or (iii) cause(s) otherwise set forth in the Customer contract. Customer is responsible for the operation of its LAN/WAN.

3.         Service Term Commitment. The time period during which Company shall provide an Internet Dedicated Services is the “Service Term,” which commences upon the Service Activation Date (defined below), and which automatically renews, expires and terminates according to the terms of the Service contract. Notwithstanding the above, the minimum Service Term for Company’s Internet Dedicated OC3, OC12, OC48, OC192, Internet Dedicated Ethernet, Fast Ethernet Port Only, or GigE Port Only or 10GigE Port Only is one year, and if Customer’s Service Agreement terminates or expires prior to the expiration of this minimum Service Term, the Service Attachment for Internet Dedicated OC3, OC12, OC48, OC192, Internet Dedicated Ethernet, Fast Ethernet Port Only, GigE Port Only or 10GigE Port Only service shall continue in full force and effect under the terms and conditions of the Service Agreement for the longer of the minimum Service Term or the Service Term otherwise agreed to by Customer. If Customer terminates Company’s Internet Dedicated OC3, OC12, OC48, OC192, Internet Dedicated Ethernet, Fast Ethernet Port Only, GigE Port Only or 10GigE Port Only service before the end of the one-year minimum Service Term (or longer committed Service Term) for reasons other than Customer termination for Cause, Customer will pay an amount equal to seventy-five percent (75%) of the monthly recurring charge for the discontinued Service(s) multiplied by the number of months remaining in the unexpired portion of the one-year commitment or committed Service Term, plus a pro rata portion of any and all credits received by Customer, in addition to any amounts owed for Service already received.

4.         Service Activation Date. The “Service Activation Date” for an Internet Dedicated Services will be the date the Service is available to route IP packets at Customer’s site.

5.         Conditions of Service.

5.1       Customer Obligations. Customer will provide Company with such assistance as reasonably required to provide the Service. Customer shall (a) maintain the equipment, facilities or systems provided by Company (“Service Equipment”) in accordance with the reasonable instructions of Company as may be given from time to time; (b) not modify, relocate, or in any way interfere with the Service Equipment; and (c) not cause the Service Equipment to be repaired, serviced, or otherwise accessed except by an authorized representative of Company. Customer shall be liable for any and all damage to Service Equipment caused by the act or omission of Customer or the malfunction or failure of any equipment, facilities or systems provided by Customer. Company may substitute or modify Service Equipment at any time and Customer shall provide reasonable accommodation to permit Company to do so.

5.2       Service Not To Be Resold. While Customer can resell Internet connectivity, Customer cannot resell the Service in its entirety to another person or entity without the express prior written consent of Company. If Customer resells Internet connectivity to end users, Customer is responsible for: (i) providing the first point of contact for end user support inquiries; (ii) providing software fulfillment to end users; (iii) running its own primary and secondary domain name service DNS for end users; (iv) registering end users’ domain names; (v) using Border Gateway Protocol (BGP) routing to Network, if requested by Company; (vi) collecting route additions and changes, and providing them to Company; and (vii) registering with the appropriate agency all IP addresses provided by Company to Customer that are allocated to end users.

VI.        Service Level Agreement. The Service Level Agreement (“SLA”) for Company’s Internet Dedicated Services, Internet Dedicated Ethernet Service, Internet Dedicated FastE Port Only Service and Internet Dedicated GigE Port Only Service (including 10GigE) set forth at http://www.verizonbusiness.com/terms (or other URL designated by Company). Company reserves the right to amend the SLA from time to time, provided that in the event of any amendment resulting in a material reduction of the SLA’s service levels or credits, Customer may terminate the affected Service without penalty by providing Company written notice of termination (pursuant to the Notice provision of the General Terms and Conditions) during the 30 days following such amendment. The SLA sets forth Customer’s sole remedies for any claim relating to any Service or usage of the Network, including any failure to meet any guarantee set forth in the SLA. Company’s records and data shall be the basis for all SLA calculations and determinations. The maximum amount of credit in any calendar month under all SLAs, in the aggregate, shall not exceed the applicable Monthly Fee and/or Start-up Fee which, absent the credit, would have been charged that month for the affected Service (excluding the access provider circuit Monthly Fee and Start-up Fee) (collectively the “Company Fees”). The maximum credit for failure to meet the Availability SLA shall not exceed the sum of (a) the applicable Monthly Fee, plus (b) the access provider circuit Monthly Fee which, absent the credit, would have been charged for such month.

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