BroadAspect Legal Section
BroadAspect's Legal Section for our customers information.

Managed Broadband SLA

BroadAspect is committed to providing a reliable, high-quality network to support customers using the BroadAspect Managed Broadband service. This SLA outlines the minimum service a customer may expect from BroadAspect for the Managed Business Broadband service. This SLA Agreement only applies to BroadAspect customers that have elected the BroadAspect Managed Broadband service. The following SLA represents BroadAspect's sole responsibility and the customer's sole remedy related to the BroadAspect Managed Broadband service regarding the SLA and any Service Availability Guarantee.

Definitions

Definitions for use within this Service Level Agreement.
  1. BroadAspect Network means BroadAspect owned and operated IP routing infrastructure consisting of solely selected BroadAspect points of presence at which has installed measurement devices. The BroadAspect Network does not include network equipment not operated or controlled by BroadAspect.
  2. Network Availability The ability for BroadAspect Network IP based packets to pass from the ingress and egress of a customerís exterior interface on customer router.
  3. Network Outage consists of the number of minutes that the BroadAspect Network was not available to the customer and includes the number of minutes that the BroadAspect Network was unavailable associated with any non-Scheduled Maintenance to the BroadAspect Network. Network outage will not include Scheduled Maintenance, or any other outage resulting from: (a) problems with or maintenance on customerís applications, equipment or facilities; (b) acts or omissions of customer or an authorized user; (c) outage caused by companies other than US Broadband; or (d) Force Majeure.
  4. Force Majeure is defined as acts beyond the reasonable control of BroadAspect, including, but not limited to, acts of God, fire, explosion, vandalism, natural disasters, storm, or other similar occurrence, any law, order, regulation, direction, action, or request of the United States Government or state or local governments.
  5. Packet Loss is defined as the average percentage of IP packets transmitted between selected POPs during a calendar month that are not successfully delivered, as measured by BroadAspect.
  6. Network Latency (or ďRound trip timeĒ) is defined as the average time required for round-trip packet transfers between customerís exterior network interface to selected interfaces on the selected portions of the BroadAspect Network during a calendar month, as measured by BroadAspect.

Installation Interval

BroadAspect's target Installation Interval is 30 calendar days from the day that BroadAspect has received the following from the Customer: Service Order, executed Service Terms and Conditions, installation fee and first month service fee, and until day the Field Service Technician is dispatched to the customer site. This calculation does not include (a) any period that BroadAspect waits for a response or action from the Customer, (b) any period that BroadAspect waits to install the service due to the Customer's failure to respond, lack of access to the Customer's facilities or change of requested installation date, or (c) any period resulting in Force Majeure Events. If this Installation Interval target is not met, BroadAspect will provide the first month of service at no charge. This Service Level Agreement becomes effective upon initial confirmation of traffic passing from the Ethernet termination at the Customer site and BroadAspectís network.

Provisioning

BroadAspect and the Customer agree that a BroadAspect service shall be successfully provisioned if the maximum throughput is 90% of the bandwidth ordered. If the Field Service Technician is unable to successfully provide this level of bandwidth, the Customer, at the Customers sole choice will have the option to continue with installation and receive the service.

Network Availability Guarantee

BroadAspect guarantees 99.95% Network Availability, as calculated from the ingress to and egress from BroadAspect's Network. A Network outage is measured from the time it is reported to the time that it is resolved.

BroadAspect Credit Policy:
  • Service Unavailable < 30 minutes: No Service Credit
  • Service Unavailable 30 minutes < 6 hours ľ Month Service Credit
  • Service Unavailable 6 hours < 12 hours Ĺ Month Service Credit
  • Service Unavailable 12 hours < 18 hours ĺ Month Service Credit
  • Service Unavailable 18+ hours 1 Month Service Credit
Outages do not account for scheduled maintenance events or events outside of BroadAspect's control, including, but not limited to, force majeure events or Customer equipment outages.

Network Latency Guarantee

The BroadAspect Network will carry packets with an average Network Latency over a one (1) month period of less than 75 milliseconds. BroadAspect monitors aggregate latency within the BroadAspect Network by monitoring round-trip times between a sample of backbone Hubs on an ongoing basis. After being notified by the Customer of Network Latency in excess of 75 milliseconds, BroadAspect will use commercially reasonable efforts to determine the source of such excess Network Latency and to correct such problems to the extent that the source of the problem is on the BroadAspect network. If BroadAspect fails to remedy such Network Latency within two (2) hours of being notified of any excess Network Latency and average Network Latency for the preceding 30 days has exceeded 75 milliseconds, BroadAspect will issue a Service Credit to the Customerís account for the period from the time of notification by the Customer until the average Network Latency for the preceding 30 days is less than 75 milliseconds.

Packet Delivery Guarantee

The BroadAspect Network has an average monthly Packet Loss of 0.1% (or successful delivery of 99.9% of packets). BroadAspect monitors aggregate packet loss within the BroadAspect Network on an ongoing basis and compiles the collected data into a monthly average packet loss measurement for the BroadAspect Network. After being notified by the Customer of Packet Loss in excess of 0.1%, BroadAspect will use commercially reasonable efforts to determine the source of such excess Packet Loss and to correct such problem to the extent that the source of the problem is on the BroadAspect Network. If BroadAspect fails to remedy such excess Packet Loss within two (2) hours of being notified of any Excess Packet Loss on the BroadAspect Network and average Packet Loss for the preceding 30 days exceeds 0.1%, BroadAspect will issue a Service Credit to the Customerís account for the period from time of notification by the Customer until the average Packet Loss for the preceding 30 days is less than 0.1%.

Severe Problem

A Customer is experiencing a Severe Problem if the aggregate Service Outage time experienced is in excess of seven (7) hours in any two consecutive calendar months. Customer must report a Severe Problem by phone to 1-866-897-5416 or by email to support@BroadAspect.com and receive confirmation that this Service Outage was not caused by force majeure events, Customer equipment outages or other events outside of BroadAspectís control. If such a Severe Problem is confirmed, customer may request that BroadAspect disconnect the service and any applicable Termination Fees will be waived.

Customer Premise Equipment Warranty

If the Customer purchases Customer Premise Equipment directly from BroadAspect, BroadAspect will assign, to the extent permitted, the manufacturer's warranty of at least one (1) year. In the event that the equipment is determined to be faulty within the applicable warranty period, BroadAspect will dispatch a Field Service Technician ("FST") to the Customer's premises to configure and install the replacement equipment within 5 business days of BroadAspect's determination that the Customer premise equipment requires replacement. If an FST is dispatched to support a warranty replacement and it is determined that the equipment is not faulty and the problem does not fall under the manufacturer's warranty, then the Customer will be charged any applicable service order charges for the FST dispatch as set forth in the Schedule of Services. This warranty does not apply to the equipment or service problems caused by the Customer equipment configuration changes done after the initial installation of the Customer premise equipment. After one year, repair and replacement of Customer premise equipment becomes the responsibility of the Customer.

Service Credit Claim Process

In order to initiate a claim for Service Credit, the Customer must contact BroadAspectís customer service group within seven (7) business days after the end of the month for which the 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, BroadAspect will issue Service Credit to the Customerís account, appearing in the next invoice issued. Multiple Service Credits will not be given in the same period of time, i.e. failure to meet multiple criteria during a period of time only generates a single Service Credit. The total number of Service Credits for problems occurring in a month may not exceed the Monthly Recurring charge actually paid by the Customer for service during the month. Service Credits will be credited against a Customerís 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 Service Level Agreement assume compliance by Customer with the terms and conditions of its agreement with BroadAspect, and the failure of the Customer to comply with those terms and conditions may invalidate BroadAspectís guarantees provided herein. No credit is available for a Customer (a) that is blocking BroadAspect from monitoring customerís premises equipment; (b) that does not provide the necessary access to personnel and facilities at the customerís premises to enable BroadAspect to perform comprehensive troubleshooting; or (c) whose account is not in good financial standing with BroadAspect. BroadAspect is not liable for failure to fulfill its obligations hereunder if such failure is due to Customerís use of bandwidth in excess specified in Customerís Internet access service agreement with BroadAspect.

Managed Broadband Services Level Agreement (SLA) - Version 2.1

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