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Service Level Agreement.

Service Level Agreement (SLA)

The following SLA Terms and Conditions apply only to Customers agreeing to a Minimum Service Period of one year or more for one of Computer Engineering Inc. Dedicated Internet Service Products, and only in respect the provision of such services during such period and where Customer accounts with Computer Engineering Inc. are in good standing. All remedies set out herein shall not be cumulative, and shall be Customer’s sole and exclusive remedy for non-performance under the relevant Agreement.

Network Quality

Network Latency and Packet Delivery Guarantee:

Computer Engineering Inc.’s internal network latency and / or packet loss shall not exceed 15 ms, or 10% respectively for longer then 10 minutes continuously, with the exception of scheduled service outages, or network maintenance.

Network Latency and Packet Delivery Remedy:

If Computer Engineering Inc. fails to meet the above Network Latency and Packet Delivery Guarantee in a calendar month, Customer’s account shall be credited for the month and any subsequent month in which the Network Latency and Packet Delivery Guarantee is not met, on receipt of an SLA Remedy Request from the Customer. The Customer will be issued a pro-rated credit equal to one day of service fees for each 24 hour period in which the problem exists.

Service Quality

99.9% Service Availability Guarantee

Service Availability Guarantee Scope: Computer Engineering Inc.’s Service Availability Guarantee is to have the Network Computer Engineering Inc. (as defined in the applicable service agreement) available 99.9% of the time.

Scheduled Maintenance Scope: Scheduled Maintenance shall mean any maintenance at the Computer Engineering Inc. hub to which the Customer’s circuit is connected (a) in respect of which the Customer shall be notified a minimum of 24 hours in advance, and (b) that is performed during a standard maintenance window on weekends or evenings. Notice of Scheduled Maintenance will be provided to the Customer’s designated point of contact by a method elected by Computer Engineering Inc. (telephone, e-mail, or fax).

Service Availability Guarantee Process: At the Customer’s request, Computer Engineering Inc. will calculate the Customer’s “Network Unavailability” in a calendar month. “Network Unavailability” consists of the number of minutes that the Computer Engineering Inc. network was not available to the Customer, and includes unavailability due to any maintenance to Computer Engineering Inc. Network other then scheduled maintenance. Outages will be counted as “Network Unavailability” only if Computer Engineering Inc. notifies the Customer of an outage in accordance with the Outage Reporting Guarantee set forth below, or if the Customer opens a support ticket with Computer Engineering Inc. Technical Support within five (5) days of the outage. Network Unavailability will not include scheduled maintenance or any unavailability resulting from (a) Customer’s applications, equipment, or facilities, (b) acts of omissions of the Customer, or any use or user of the service authorized by the Customer, or (c) reasons of Force Majeure (as defined in the applicable service agreement).

Service Availability Remedy: For each cumulative hour of Network Unavailability or fraction thereof in any calendar month, at the Customer’s request, the Customer’s account shall be credited for the pro-rated charges for one day of any Computer Engineering Inc. Monthly Fee with respect to which a Service Availability Guarantee has not been met. Should the service remain unavailable for a consecutive period longer than 72 hours, or the Services “average” availability should drop under 95%, the Customer shall have the right to terminate the agreements for said Services without penalty.

Customer Care Quality

Outage Reporting Guarantee

Outage Reporting Guarantee Scope: Computer Engineering Inc. Outage Reporting Guarantee is to notify the Customer within 15 minutes after Computer Engineering Inc. determination that the Customer’s service is unavailable. Computer Engineering Inc. standard procedure is to ping the Customers Gateway, Router, or Chosen IP address every 5 minutes. If the Customer’s Gateway, Router, or Chosen IP Address does not respond after two consecutive ping cycles, Computer Engineering Inc. will deem the service unavailable, and will contact the Customer’s designated point of contact by a method elected by Computer Engineering Inc. (telephone, e-mail, or fax).

Outage Reporting Guarantee Process: The Customer is solely responsible for providing Computer Engineering Inc. with accurate and current contact information for the Customer’s designated points of contact. Computer Engineering Inc. will be relieved of its obligations under this Outage Reporting Guarantee if Computer Engineering Inc.’ contact information for the Customer is out of date or inaccurate due to the Customer’s action or omission, or if Computer Engineering Inc.’ failure is due to reasons of Force Majeure (as defined in the applicable service agreement).

Outage Reporting Guarantee Remedy: If Computer Engineering Inc. fails to meet the Outage Reporting Guarantee, at the Customer’s request the Customer’s account shall be credited the pro-rated charges for one day of the Computer Engineering Inc. Monthly Fee for the service with respect to which this Guarantee has not been met; provided, that the Customer may obtain no more than one credit per day, irrespective of how often in that day Computer Engineering Inc. failed to meet the Outage Reporting Guarantee.

The Service Level Agreement (“SLA”) for this service, which is made a part of this Agreement, is set forth at http://www.computerengineering.ca/sla and applies only to customers agreeing to a Term Commitment of at least one year. Computer Engineering Inc. reserves the right to amend the SLA from time to time effective upon posting of the revised SLA to the URL or other notice to the Customer; provided, that in the event of any amendment resulting in a material reduction of the SLA’s service levels or credits, the Customer may terminate this Agreement without penalty by providing Computer Engineering Inc. written notice of termination during the 30 days following notice of such amendment. The SLA sets forth the Customer’s sole remedies for any claim relating to this service or the Computer Engineering Inc. Network, including any failure to meet any guarantee set forth in the SLA. Computer Engineering Inc. records and data shall be the basis for all SLA calculations and determinations. Notwithstanding anything to the contrary, the maximum amount of credit in any calendar month under the SLA shall not exceed the Monthly Fee and/or Start-up charge which absent the credit, would have been charged for Computer Engineering Inc. service that month (collectively the “Computer Engineering Inc. Fees”).