AT&T Broadband

Internet Services covers the following products:

• AT&T Internet for Business 
  
• AT&T High Speed Internet Business Edition 
  
• FastAccess^® Business DSL
  

A. General

AT&T will be the only party to determine (in its sole discretion) whether AT&T has not met any of the SLAs specified herein. AT&T reserves the right to change or discontinue any or all of the SLAs detailed below at any time without notice to Customer. Customer must at all times cooperate with AT&T in testing, determining and verifying that a qualifying service outage has occurred.

B. SLA Credit Request Process

In order to receive any of the SLA credits (specified herein) for AT&T Internet Service, the Customer's Point of Contact (CPOC) must immediately notify AT&T Internet Customer Care of an occurrence within the AT&T Internet Service that results in the inability of Customer to transmit IP packets within the AT&T Broadband Service ("Service Outage").

AT&T Technical Support will investigate the reported outage and assign a trouble ticket number. Once AT&T determines that the substantiated Service Outage that could qualify Customer for the SLA credit occurred ("Verifiable Trouble Ticket"), then Customer may request a Service credit within 30 days after the event giving rise to the credit by contacting AT&T Internet Customer Care support. A Verifiable Trouble Ticket must accompany Customer's request for any SLA credit regarding the Internet service purchased by Customer. Credits appear on Customer's bill for the Internet Service within two (2) billing cycles, after such SLA credit has been approved by the AT&T representative. Credits are exclusive of any applicable taxes charged to the Customer or collected by AT&T.

C. SLA Limitations

In any calendar month Customer's aggregated SLA credits may not exceed, for any Internet Service line, one month's worth of the monthly service fee for the affected Line. For the purpose of calculating SLA credits, this monthly service fee shall mean the monthly recurring charge for such line, but excluding, in all cases, (i) any monthly recurring fees for the Internet Service features (e.g., email service) and (ii) all one-time charges.

D. SLA Exclusions

A Service Outage does not include an outage that occurs during scheduled periods of maintenance or upgrades.

SLAs do not apply, and AT&T is not responsible, for failure to meet an SLA resulting from:

• The misconduct or accident of Customer behavior or Users of Service; 
  
• The failure or deficient performance of power, equipment, services or systems not provided by AT&T; 
  
• Delay caused or requested by Customer; 
  
• Service interruptions, deficiencies, degradations or delays due to any access lines (i.e. POTS line) whether provided by AT&T or by third parties, or Customer Premises Equipment (CPE) when provided by third parties; 
  
• Service interruptions, deficiencies, degradations or delays during any period in which AT&T or its representatives are not afforded access to the premises where access lines associated with Internet Business Service are terminated or AT&T CPE is located; 
  
• Service interruptions, deficiencies, degradations or delays during any period when a Service Component is removed from Service for maintenance, replacement, or rearrangement purposes or for the implementation of a Customer order; 
  
• Customer's election to not release a Service Component for testing and/or repair and to continue using the Service Component; and/or 
  
• Force Majeure conditions such as fire, explosion, lightning, power surges or failures, strikes or labor disputes, water, acts of god, the elements, war, civil disturbances, terror, acts of civil or military authorities, fuel or energy shortages, acts or omissions of suppliers or other causes beyond AT&T's control, whether or not similar to the foregoing.
  

In addition, Internet Service SLAs do not apply (a) if Customer is entitled to any other available credits, compensation or remedies under Customer's Service Agreement for the same service interruption, deficiency, degradation or delay, (b) for service interruptions, deficiencies, degradations or delays not reported by Customer to AT&T within a reasonable period of time, (c) where Customer reports an SLA failure, but AT&T does not find any SLA failure, (d) any wholesale customer with access provided by AT&T for resell to their end users and/or (e) to Internet Sites that are not directly connected to the AT&T Network.

E. Use of Alternate Service

If Customer elects to use another means of communications during the period of interruption, Customer must pay the charges for the alternative service used.

F. Network Availability - 99.9%

AT&T Points of Presence (POPs) on the IP/DSL Backbone Network shall be "Available" 99.9% of the time in delivering traffic to/from other AT&T POP locations on the IP/DSL Backbone measured over a calendar month. Network Availability shall be calculated based on an aggregate monthly measurement average between AT&T MegaPOP and MiniPOP endpoints within the USA. Customer shall be entitled to one (1) day's credit* (based on a 30 day calendar month) from the Customer's monthly recurring service fees if AT&T fails to meet the aggregate Network Availability guarantee during any Calendar month.

Any calculation of Network Availability shall not include any unavailability resulting from: (a) scheduled Network maintenance, (b) the occurrence of a Force Majeure event, (c) unavailability of an AT&T Virtual POP or (d) the failure of non-service impacting equipment or systems responsible for network measurements.

G. Installation Interval - 5 business days for AT&T provided Service installation

For completed, End User circuits on which billing has commenced, "Installation Interval" is calculated as the number of whole calendar days between the date AT&T received the customer order and the service activation date. Customer shall be entitled to 50% credit* of the first whole month's monthly recurring charge for that particular circuit if AT&T fails to meet the Installation Interval guarantee during the initial installation phase of the order.

This calculation excludes: (a) any requested due date that occurs after the first available install date, (b) lack of facilities within the AT&T network, (c) any orders which are changed by the customer after original date of submission, (d) orders must be placed before 12 pm local time or the interval will not start until the following calendar day.

H. Network Latency - 40 milliseconds (ms)

AT&T's aggregate monthly average, roundtrip POP-to-POP latency on the IP/DSL Backbone Network shall be 40.0 ms or less between MegaPOP locations on the AT&T IP/DSL Backbone. Aggregate monthly roundtrip latency shall be calculated based on the geometric mean of regular measurement samples between AT&T MegaPOP endpoints within the contiguous forty-eight (48) States of the USA.

Customer shall be entitled to one (1) day's credit* (based on a 30 day calendar month) from the Customer's monthly recurring service fees if AT&T fails to meet the aggregate Network Latency Guarantee during any calendar month.

Any calculation of Network Latency shall not include any failure attributable to (a) scheduled Network maintenance; (b) the occurrence of a Force Majeure event, and/or (c) the failure of non-service impacting equipment or systems responsible for network measurements.

I. Data Delivery (Packet Loss) - 99.9%

AT&T's aggregate monthly average packet loss between AT&T POPs on the IP/DSL Backbone shall not exceed 0.1%. Packet Loss shall be calculated based on the arithmetic mean of aggregate monthly measurements between AT&T MegaPOP and MiniPOP endpoints within the USA. Customer shall be entitled to one (1) day's credit* (based on a 30 day calendar month) from the Customer's monthly recurring service fees if AT&T fails to meet the aggregate Network Packet Loss SLA during any calendar month.

Any calculation of Network Packet Loss shall not include any failure attributable to (a) scheduled Network maintenance; (b) the occurrence of a Force Majeure event, or (c) the failure of non-service impacting equipment or systems responsible for network measurements.

J. 24 Hour Service Restoration

Customer connectivity shall be restored in 24 hours or less from the time AT&T is notified of the outage. Customer shall be entitled to one (1) day's credit* (based on 30 day calendar month) from the Customer's monthly recurring service fees if AT&T fails to meet the 24 Hour Service Restoration SLA.

Any calculation of 24 Hour Service Restoration shall not include any failure attributable to (a) scheduled Network maintenance; (b) the occurrence of a Force Majeure event; (c) the failure of non-service impacting equipment or systems responsible for network measurements; or (d) any CPE failures; (e) any outage involving access facilities; including Central Office (CO), Remote Terminal (RT), or Digital Subscriber Line Access Multiplexer (DSLAM) equipment.

*Credits are not automatically applied. Customer must apply by calling our Customer Care center listed on your bill.