For all Customer sites that complete a SOF with designated SLA equipment, Ten4 shall warrant the following levels of Service on the wireless broadband network, for a direct link from the modem to a computer, at the time of installation by Ten4 or an authorized technician.
a. Designated Equipment
“Designated SLA Equipment” is defined as any wireless modem purchased or rented directly from Ten4.
b. Mean Time to Restore
The average time it takes to restore service from issuance of a trouble ticket by Customer is four (4) hours for Service Provider issues and twenty-four (24) hours for Equipment issues.
c. Data Rates and Latency (LTE Service)
If Customer believes that a Circuit is not meeting this SLA at the time of install, Customer will notify Ten4 by submitting a request to wbg@Ten4.us and Customer may request that Ten4 conduct an analysis to determine whether it is feasible to provide Service to the Circuit in accordance with this SLA (a “Feasibility Assessment”). The Feasibility Assessment will be performed by a senior support technician and reviewed by Ten4 management. If, as a result of the Feasibility Assessment, Ten4 determines that it is not feasible to provide Service to the Circuit in accordance with this SLA, then Ten4 will provide Customer with the option to terminate the Circuit without being assessed an Early Termination Fee, provided such termination is exercised within fifteen (15) days of commencement of the Services.
For any issues which occur after the date of installation, Customer may submit a trouble ticket to support@Ten4.us.
d. Termination of Circuit
Customer may terminate a Circuit if Ten4 fails to meet the Mean Time to Restore service level for the Circuit three times in any rolling six-month period. If Customer wishes to exercise its termination rights with respect to a particular Circuit, Customer must provide Ten4 with a termination notice describing the grounds for termination within fifteen (15) days of the date of the most recent event giving rise to the termination right.
If Ten4 determines that, due to factors outside its reasonable control, it is no longer feasible to provide Service for a particular Circuit at the levels set forth in this SLA, then Ten4 may terminate this SLA the corresponding SOF as it relates to that Circuit upon thirty (30) days’ written notice to Customer and without Customer being assessed an Early Termination Fee.
This Addendum and the SLAs set forth within do not apply if the failure to meet the SLA is caused in whole or in part by any of the following:
- Loss of power at the remote location or unstable power source;
- Any non‐Ten4 provisioned or approved equipment or service;
- Any physical damage to equipment that is not caused by a defect in design or manufacturing;
- Any breach of the MSA or this Addendum by Customer, any negligence or misconduct on the part of Customer or their representatives, or any failure by any of them to cooperate reasonably with Ten4 in resolving any issues with the Services;
- Use of the Service in a manner inconsistent with the intention as described in the MSA or SOF;
- Suspension or termination of the Service as a result of a violation of the MSA or the SOF (or any similar policies of a third-party carrier).
- Failure to maintain the recommended configuration for the Circuit;
- Failure to use sufficient effort to protect the Equipment from theft and weather-related damage; or
- Any force majeure event.
f. SIM Card Kitting
For all Customer sites that complete a SOF with SIM Card Kitting service, Ten4 agrees to complete the SIM card installation and configuration and return the modem to the designated Customer site within seven (7) days of receiving the modem for kitting. At no time will Ten4 guaranty Circuit speed or performance for SIM-only service.
The above information is Confidential and Proprietary.