TINET SERVICE LEVEL AGREEMENT
ONLY FOR IP TRANSIT & MPLS SERVICES PROVIDED by TINET as referred to in Customer Order form
This Service Level Agreement (“SLA”) sets forth the service level objectives that TINET (“Tinet“) has
determined with respect to the quality parameters of the Services provided by Tinet to the customer
(“Customer“) as defined in the Customer Order Form (“COF”) and Services Terms and Conditions
(“Services T&Cs”) accompanying this SLA (hereinafter collectively together with the SLA referred to as
the “Agreement”).
All terms defined in the COF and Services T&Cs accompanying this SLA shall have the same meaning
where referred to in this SLA. This SLA shall apply only to those customers of iBandwidth who are
connected to Tinet’s network via a dedicated connection. These objectives shall not result in any
additional liability to iBandwidth beyond the remedies or recourse expressly set forth in this SLA and the
Customer expressly understands and agrees that the remedies set forth in this SLA shall be the sole and
exclusive recourse and/or remedy with respect to any claim in any way related to or arising from any
delay, outage, degradation or noncompliance of the Service.
This SLA specifies the Service performance parameters and objectives to which Tinet aspires and the
sole and exclusive remedies arising from Tinet's failure to meet these objectives. The terms of this SLA
are understood to supplement the Services T&Cs and the COF and in the event of any inconsistency or
ambiguity between these documents such inconsistency or ambiguity shall be resolved pursuant to the
order of precedence defined in the Services T&Cs.
“Availability” is defined as a percentage of the total measurement time minus the unavailable time
Total time – Total Unavailable time * 100
“Unavailable time” : consists of the number of minutes that Tinet's network is unavailable. The
network is considered unavailable when an unscheduled Maintenance or an outage prevents Tinet
from providing the Customer with the ordered Service. This excludes any Service outage defined within
section 8 of this SLA.
In case iBandwidth delivers a given Service over multiple ports, the Service is considered unavailable
only if Tinet network is unavailable through all Customer ports
The “Backbone” is defined as those connections running between international hubs on Tinet’s
whollyowned private network. “tinet” shall refer to Tinet SPA (tinet.net) also known as Inteliqent who
provide the actual services in the Customer Order form listed under the Provider “tinet”.
“RFS Date” or “Ready For Service Date” shall be as defined in the Services T&Cs.
“Third Party Service(s)” refer either to the third party circuit(s) (e.g. leased line(s)) that connect the
Customer premises to Tinet’s network or any Managed Telecoms services (e.g. rack co-location, on-site
support services) purchased by Tinet in order to serve as a one-stop shop for the Customer.
“Scheduled Maintenance” refers to any maintenance work planned by Tinet with prior notification
to the customer, on its network (or portion thereof) to which Customer’s router is connected to and is
performed during a standard maintenance window from 2:00am to 6:00am (local time in the region).
1. Tinet’s backbone network availability objective is 100%.
2. Should Customer experience Service unavailability below 100% in a given month, it shall be entitled to
request a Service credit of 1.1 days for each cumulative hour of network unavailability as per the
following examples
Total service unavailability: 1 hour – 1.1 days of service credit
Total service unavailability: 3 hours – 3.3 days of service credit
Total service unavailability: 5 hours – 5.5 days of service credit
The service credit applies to the contracted Service Fee for the affected month.
3. Tinet’s regularly measured packet loss within its backbone nodes shall not exceed, on average the
0.1% figure.
4. Should this packet loss level be exceeded for one week during a given month iBandwidth shall credit
Customer two percent (2%) of the Service Fees for the affected month.
5. It is the objective of iBandwidth to implement and deliver the Service to the Customer within no more
than ten (25) business days from: i) acceptance of the Third Party Services installation, ii) written
acceptance of the COF by Tinet, or iii) the Requested RFS Date in the COF, whichever is the latest. The
Service will be deemed by Tinet to be ready for service upon the successful completion of the Service
Compliance Test or as otherwise provided for in the Agreement.
6. In the event that iBandwidth should exceed the foregoing installation completion objective Customer
shall be entitled to claim a percentage of the pre-contracted Service installation charge in the COF on
the basis of the following table, up to a maximum of 100% of the applicable Service installation fee
relating to the affected Tinet port:
7. The commissioning period will begin when the Third Party provider has provisioned its service on both
ends (Customer and Tinet PoP).
8. The RFS period referenced in section 5 may be extended for any or both of the following reasons:
a. Any delay, outage, or non-compliance related to the Third Party Service or facility components of the
Service for reasons beyond iBandwidth control
b. Installation of Customer’s CPE or of any item on the customer's side such as cabling, racks, power, etc.
is delayed for reasons beyond iBandwidth’s sole control.
9. iBandwidth Support team or Tinet’s Network Operation Centre (NOC) will inform Customer of any
general systems outage that may have affected the Customer Service within ninety (90) minutes its of
first awareness of the above mentioned outage. iBandwidth or Tinet will make reasonable attempts to
notify and inform the Customer by submitting such notification via the telephone or e-mail details
listed in the Agreement. To facilitate such notification, it is Customer’s responsibility to ensure that
iBandwidth have any and all updated contact information for Customer, namely all telephone and fax
numbers and e-mail addresses, for all Customer notifications regarding disruption of Service.
Mean Time to Repair (MTTR) Objective
10. iBandwidth will commit to the industry standard MTTR of four (4) hours or under for any outage
effecting its network. Any downtime against MTTR will be counted towards service unavailability and
service credits will be applicable as per Service Availability Objectives.
11. The Round Trip Time objectives Tinet commits to deliver on each route, on average, are indicated in
following
These figures are measured by averaging sample tests made every thirty minutes during a calendar
monthbetween two defined backbone routers.
12. Should the round-trip packet delay time be exceeded for one week during a given month,
iBandwidth shall credit Customer two percent (2%) of the Service Fees for the affected month.
13. It may occasionally be necessary for Tinet to carry out essential maintenance or network upgrades.
Scheduled Maintenance shall generally occur no more than five (5) times in any given calendar
month, and is generally performed between 02.00 and 06.00 a.m, local time in the region where the
Service is located and/or performed. Tinet will use commercially reasonable efforts to keep Scheduled
Maintenance to a minimum, and assure the availability of its Backbone.
14. Except in an emergency, or a Force Majeure Event, iBandwidth and Customer will use commercially
reasonable efforts to apply the following procedures with respect to Scheduled Maintenance:
a. iBandwidth or Tinet will provide Customer with at least five (3) business days’ notice of any planned
work that will affect the availability of Service except in case of emergency maintenance work on the
network.
b. Customer will confirm to Tinet directly within two (2) business days that the Scheduled Maintenance
proposals are acceptable. The absence of response from the Customer shall be deemed as
acceptance.
c. Where possible iBandwidth or Tinet will provide Customer with Scheduled Maintenance proposals
and confirmation details should be exchanged by e-mail telephone as provided in the Agreement.
d. Where feasible and possible Tinet will make temporary alternative arrangements during a Scheduled
Maintenance to avoid a break in the Customer Service.
e. iBandwidth will give notice of Scheduled Maintenance to the named contacts of the Customer defined
in the Agreement.
f. Customer shall use commercially reasonable efforts to give iBandwidth advance notice of any event
of which Customer is aware at its end.
15. Unavailable time shall exclude periods when Service outages arise from, or are otherwise indirectly
caused by:
a. Service outage periods due to any cause other than faults in the Tinet network, including faults or
negligence of the Customer or problems associated with equipment connected on the Customer's side
of the Tinet Service delivery point,
b. In case that the Customer’s premises equipment impacts or otherwise causes alterations of the
quality of the Service or malfunctioning in the network, Tinet will proceed to disconnect the link, for the
benefit of the rest of other users of the network and such disconnection will not be the basis for any
Service credit under the SLA. iBandwidth will notify the Customer as soon as possible in such event in
order to allow Customer to repair or address the problems,
c. Outage periods reported by the Customer in which no fault is observed or confirmed by iBandwidth,
d. Any fault period during which Service is suspended pursuant to the terms of the Agreement,
e. Downtime when Tinet technical staff cannot have access to the Customer facilities, premises,
or equipment when requested by Tinet for the purpose of investigating the problem and restoring
the Service including those cases where the Service includes the management of equipment on the
Customer site by Tinet,
f. The Customer requests iBandwidth to test the Customer connection although no fault has been
detected and/or reported by Tinet,
g. The Customer requests iBandwidth to upgrade the capacity of the Service, if this operation results
in an outage. Such an upgrade is subject to a new Order signed by the Parties who will have agreed in
advance the operation date of such an upgrade.
a. During Scheduled Maintenance affecting the Service as defined under Service Maintenance
Objectives,
b. For any use made by the Customer of a transmission capacity prior to the RFS Date.
c. On a Third Party Service used by the Customer to access Tinet's network, regardless if
provisioned through iBandwidth in the name of Customer.
d. Performance degradations and Service loss due to Denial Of Service attacks or other unlawful attacks
generated inside the Customer's network or executed against users inside the Customer's network or
the Customer network infrastructure, will be excluded from SLA calculation as it is within the Customer's
responsibility to put in place the relevant protection mechanisms inside its network to protect itself and
its customers.
e. Nevertheless Tinet is available to support Customer by implementing appropriate measures on
Tinet’s network, such as limiting ICMP bandwidth, rate limiting over Customers’ ports, implementing
filters, or black-holing routes.
f. In case of service disruption due to a Force Majeure event as defined in this Layer
Green’s Terms & Conditions applicable to the service order Third Party Services
17. In case one or more Services are provided by Tinet as part of the contract through Third Party
providers, the SLA applicable to the service provided by the Third Party provider, will be the Third Party
provider own SLA. Customer can request a copy of Third Party providers’ SLAs.
These SLAs will supersede the iBandwidth and tinet’s SLA with respect to the Third Party Services
provided. iBandwidth will credit the Customer with the relevant credit upon request of Customer
following credit of compensation to Tinet by the Third Party provider.
18. Customer acknowledges and agrees that the objectives set forth in this SLA do not constitute
guarantees, commitments, or warranties of any kind whatsoever under applicable law and Customer
shall not receive or be entitled to any further remedy or compensation for any Service outage, delay, or
non-compliance beyond that expressly set forth in this SLA and any other liability, loss, damage, or cost
incurred by Customer as a result of any Service outage is hereby expressly disclaimed and waived by the
Customer as an express condition for Tinet’s provision of the Service.
19. Contract penalties shall be paid to Customer via Credit Note in a proactive way for Service
Availability objectives.
20. The Customer shall not receive more than one Service credit request with respect to any one given
incident; i.e. iBandwidth will not allow separate credits for the backbone not being accessible AND the
maximum round-trip time, being exceeded for that given month.
21. Service credits to Customer shall not exceed 100% of the contracted monthly charges incurred by
Customer for the specific Service or installation in question.
22. iBandwidth will endeavour to acknowledge receipt of any Service credit request within two (10)
business days after such receipt and will review all requests within ten (15) business days after such
receipt. Customer will be notified promptly upon resolution of the request.
23. Should iBandwidth require additional information from Customer, this 15-day notification period for
Customer shall begin upon receipt of all information required by iBandwidth.
24. When the Service credit request is submitted, the Customer shall nevertheless pay its entire Service
bill, and shall not setoff any Service credits it would anticipate receiving from iBandwidth.
25. In case of an early termination of the Agreement prior to the scheduled term, the Service credits will
be calculated on a pro rata basis and no further credits will be payable.
26. The Service Credits provided for in this SLA assume compliance by Customer with all of the terms
and conditions comprising the Agreement including the Services T&Cs, COF, and this SLA and Customer’s
failure to comply therewith shall invalidate any rights to Service credits provided herein. Policy Change
27. iBandwidth, at its sole discretion or upon request of a local or a national authority, shall be entitled
to change, amend or revise this policy at any time, and for any reason, by providing written notice
thereof to the Customer in accordance with the notice provisions in the Agreement.