SLAs

1. SERVICE LEVEL AGREEMENT
2. Availability
   These services will be available at least 99.999% of the time in a calendar month. The Service is unavailable during any period of time that it experiences a Service Outage. Upon Customer’s request, WiFires will issue credits for each Service Outage, and such credits shall be calculated by multiplying the percentage specified in the table below by the MRR of the non-performing Service.

Duration of Service Outage Percentage Credit
1 minute up to 4 hours No Credit
4 hours up to 8 hours 5% of the MRC
8 hours up to 12 hours 10% of the MRC
12 hours up to 16 hours 15% of the MRC
16 hours up to 24 hours 20% of the MRC
24 hours up to 48 hours 25% of the MRC
48 hours or greater 50% of the MRC

1. Network Latency
   WiFires measures “Network Latency” with respect to average round-trip transmission on its Network each calendar month. Upon Customer’s request, WiFires will issue credits for WiFires failure to meet the Network Latency metrics specified below if the failure is service impacting to the Customer. Such credits will be calculated by multiplying the percentage specified in the table below by the MRC for the non-performing Service. The credits specified below are not cumulative and, for any calendar month, Customer is only entitled to one credit specified in the table below based on the highest affected contracted-for CoS level for the non-performing Service.

Network Latency
Classification Designation – Percentage Credits
Realtime (Dedicated Bandwidth) Best Effort (Shared Bandwidth) & Basic Services
45.00 millisecond (“ms”) or less No Credit No Credit
45.01 to 50.00 ms 10% No Credit
50.01 to 60.00 ms 15% No Credit
60.01 to 65.00 ms 20% No Credit
65.01 to 70.00 ms 30% No Credit
70.01 to 75.00 ms 40% No Credit
75.01 ms or greater 50% 10%

1. Packet Delivery
   WiFires measures packet delivery on its Network on a monthly basis. Packet Delivery is determined by averaging sample measurements taken each calendar month between WiFires designated POPs. Upon Customer’s request, WiFires will issue credits for WiFires failure to meet Packet Delivery metrics specified in the table below if such failure is service impacting to the Customer. Such credits will be calculated by multiplying the percentage specified in the table by the MRC for the non-performing Services. The credits specified below are not cumulative and, for any calendar month, Customer shall only be entitled to one credit specified in the table below based on the highest affected contracted-for CoS level for the non-performing Service.

Packet Delivery
Classification Designation – Percentage Credits
Realtime (Dedicated Bandwidth) Best Effort (Shared Bandwidth) & Basic Services
99.9% or greater No Credit No Credit
99.5% to 99.8% 10% No Credit
99% to 99.4% 20% No Credit
98% to 98.9% 30% No Credit
97% to 97.9% 40% No Credit
Less than 97% 50% 10%

1. Network Jitter
   WiFires Network Jitter metric only applies to Services for which the Customer has selected either the Realtime or Interactive CoS. “Network Jitter” means the average variation in delay for packet transfers between WiFires designated points of presence (“POPs”) during a calendar month, as further described below in the section titles “Measurements.” Upon Customer’s request, WiFires will issue credits for WiFires failure to meet the Network Jitter metrics specified in the table below if the failure is service impacting to the Customer. Credits will be calculated by multiplying the percentage specified in the tables by the MRC for the non-performing Service. The credits specified below are not cumulative and, for any calendar month, Customer shall only be entitled to one credit specified in the table below based on the highest affected contracted-for CoS level for the non-performing Service.

Network Jitter (one way)
Classification Designation – Percentage Credits
Realtime (Dedicated Bandwidth) Best Effort (Shared Bandwidth) & Basic Services
1 ms or less No Credit No Credit
1.1 ms to 2.0 ms 5% No Credit
2.1 ms to 4.0 ms 10% No Credit
4.1 ms to 5.0 ms 15% No Credit
5.1 ms to 6.5 ms 20% No Credit
6.6 ms to 7.5 ms 30% No Credit
7.6 ms to 10.0 ms 40% No Credit
10.1 ms or greater 50% No Credit

1. Measurements All latency, packet delivery and jitter measurements are measured by averaging sample measurements taken during the calendar month. For Services provided within the continental United States, measurements are taken at WiFires POPs in the continental United States; for Services provided in Texas, between WiFires.
2. Response Time In the event of an issue with the service resulting in Network Unavailability, WiFires will make its best commercially reasonable efforts to repair the service to working condition within 5 hours of the outage being reported and a trouble ticket opened.

Hours of Standard Operation Response Time
Telephone/Email Support Up to 2 Hours
Onsite Response Up to 4 Hours

Hours Outside of Standard Operation Response Time
Telephone/Email Support Up to 4 Hours
Onsite Response Up to 6 Hours