Service Level Agreement

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Abovecast is fully committed to providing a reliable, high-quality network service to our customers. As part of this commitment, Abovecast is pleased to offer eligible customers the following guarantees.

Guarantees:

Network Uptime: Abovecast’s Network Availability is guaranteed to be 99.99%. If for any reason shall we fall below our guarantee, Customer shall be eligible to receive a credit for such month under the discretion of Abovecast.

Packet Delivery Guarantee: Abovecast’s Network has an average monthly Packet Loss no greater than 0.1% (or successful delivery of at least 99.9% of packets.) “Packet Loss” is defined as the percentage of packets that are dropped within Abovecast’s network. It is measured by comparing packet counts transmitted and received between router pairs on Abovecast’s network. After being notified of packet loss that exceeds 0.1%, Abovecast will correct the problem as well as find out the source of where it originated on Abovecast’s network.

Credits: Customer will be entitled to Credits determined by Abovecast. This non-compliance credit structure is based on monthly billing calculations. Customer shall not receive a Percentage Credit for more than six (6) months in any 12-month period. Customer will be notified via email upon resolution of the request. If rejected, the notification will specify the basis for rejection. If approved, Abovecast will issue Credits to Customer’s account. This credit will be issued towards the following month’s invoice, unless prepaid one (1) year in advance. If prepaid, client will get Credits as a cash refund. In order to obtain said Credits, Customer’s account must be current and in good standing with Abovecast.

Definitions:

Force Majeure: means acts beyond reasonable control of Abovecast, including, but not limited to, acts of God, fire, explosion, atmospheric conditions such as rain fade, cable cut, governmental action, technological impracticability, national emergencies, war, riot, insurrection, terrorism, vandalism, or labor difficulties such as work stoppages, strikes, lockouts, or inability of Abovecast to secure materials necessary to provide services.

Abovecast’s Network: Means the telecommunications network owned and operated by Abovecast, and other means owned or operated by Abovecast. Also includes other on net locations in all of Abovecast’s facilities.

Scheduled Maintenance: shall mean any maintenance performed by Colo IP or third parties to which Customer is connected to during the time window 1:00AM to 6:00AM (location local time). Customers will be notified via email two (2) days in advance of any scheduled maintenance.