SERVICE LEVEL AGREEMENT. THIS SERVICE LEVEL AGREEMENT IS HEREBY INCORPORATED INTO AND MADE A PART OF THE HOSTING SERVICE ATTACHMENT BETWEEN Bay City Networks AND CUSTOMER. UNLESS OTHERWISE SPECIFIED HEREIN, ALL TERMS IN THIS SERVICE LEVEL AGREEMENT HAVE THE SAME MEANINGS AS IN THE HOSTING SERVICE ATTACHMENT. Bay City Networks'S PROVISION OF THE FOLLOWING SERVICE LEVELS MAY BE CONTINGENT UPON CUSTOMERS PURCHASE OF ADDITIONAL OR REDUNDANT SERVICES.
Bay City Networks Dedicated Circuit Services Levels
Installation Process. The installation date shall be counted from the date Bay City Networks has received all of the following from Customer: signed contract (e.g., Service Agreement or Amendment), completed Customer Information Form, and (if requested by Bay City Networks) completed credit application. The Circuit Installation Service Level Standard is not available for Customer-ordered telephone company circuits, Bay City Networks-ordered telephone company circuits outside the contiguous U.S., or if installation delay is attributable to Customer equipment, Customer's facility, acts or omissions of Customer, its employees or agents, Customer not passing Bay City Networks's credit check, or reasons of Force Majeure (see below if not defined in the applicable service agreement).
Installation Remedy. To claim a credit, Customer must request it by calling the Billing Inquiry/Trouble telephone number on its invoice. At the time of the call, Customer must provide the company name, account number, circuit ID, name of the service (Internet Dedicated), contact name and number, email address, Service Level Standard installation date, and the actual installation date in order to process the request. If Bay City Networks determines in its reasonable commercial judgment that it has not met a Circuit Installation Service Level Standard, then at Customer's request, Customer's invoice will be credited an amount equal to 50% of Bay City Networks's billed installation charge, to include any applicable Internet Port/service installation charges and Bay City Networks-ordered and -billed access installation charges for the Internet Dedicated Service for which the Circuit Installation Service Level Standard was not met.
Service Level Standard 2 - Availability
Service Availability Scope. Bay City Networks's Service Availability Service Level Standard provides that the Bay City Networks Network (as defined in the applicable service agreement) will be available 100% of the time.
Service Availability Process. At Customer's request, Bay City Networks will calculate Customer's "Network Unavailability" during a calendar month. "Network Unavailability" consists of the number of minutes that the Bay City Networks Network or a Bay City Networks-ordered access circuit in the contiguous was not available to Customer, and includes unavailability associated with any maintenance at the Bay City Networks data center where Customer's circuit is connected or Customer's server is located other than Scheduled Maintenance (defined below). Outages will be counted as Network Unavailability only if Customer opens a trouble ticket with Bay City Networks Customer support within four (4) hours from learning of the outage. Network Unavailability will not include Scheduled Maintenance, or any unavailability resulting from (a) any Customer-ordered telephone company circuits or equipment, (b) Customer's applications or equipment, (c) acts or omissions of Customer or user of the Internet Dedicated Service authorized by Customer or (d) Force Majeure (see below if not defined in the applicable service agreement). If Bay City Networks fails to meet this Service Level Standard during any given calendar month in accordance with the above, Customer's account will be credited at Customer's request.
Service Availability Remedy. To receive credit for a failure to meet a Service Level Standard, Customer must request such credit within 30 days from the date that the Internet Dedicated Service was unavailable. For each cumulative hour of Network Unavailability or fraction thereof in any calendar month, at Customer's request, Customer's account shall be credited for the pro-rated charges for one day of the Bay City Networks I monthly recurring charge plus one day of the telephone company line charges for the Service with respect to which a Service Availability Service Level Standard was not met.
Service Level Standard 3 Latency
Latency Scope. Bay City Networks's Latency Service Level Standard provides for average round-trip transmissions of 45 milliseconds or less between Bay City Networks-designated inter-regional transit backbone routers ("Hub Routers") in the contiguous Bay City Networks's Transatlantic Latency Service Level Standard provides for average round-trip transmissions of 90 milliseconds or less between a Bay City Networks Hub Router in the Yokohama metropolitan area and a Bay City Networks Hub Router in the London metropolitan area. Latency is calculated by averaging sample measurements taken during a calendar month between Hub Routers. Network performance statistics relating to the Latency Guarantee and the Transatlantic Latency Guarantee are able to received via Customer's account manager or Bay City Networks Customer Service.
Latency Remedy. If Bay City Networks fails to meet the Latency Service Level Standard in a calendar month, Customer's account shall be automatically credited for that month. The credit will equal the pro-rated charges for one day of the Bay City Networks monthly recurring charge for the Internet Dedicated Service with respect to which the Service Level Standard has not been met. Credits will not be issued if failure to meet either the Bay City Networks's Latency Service Level Standard or the Transatlantic Latency Service Level Standard is attributable to reasons of Force Majeure (see below if not defined in the applicable service agreement).
Service Level Standard 4 - Network Packet Delivery
Network Packet Delivery Scope. Bay City Networks offers both a North American and Transatlantic Network Packet Delivery Service Level Standard. Bay City Networks's North American Network Packet Delivery Service Level Standard provides for a monthly packet delivery of 99.5% or greater between Bay City Networks-designated Hub Routers in North America. The Transatlantic Network Packet Delivery Service Level Standard provides for a monthly packet delivery of 99.5% or greater between a Bay City Networks-designated Hub Router in the Yokohama City metropolitan area and a Bay City Networks-designated Hub Router in the London U.K. metropolitan area.
Network Packet Delivery Process. Packet delivery is calculated based on the average of regular periodic measurements taken during a calendar month between Hub Routers. Network Performance statistics relating to the Network Packet Delivery Service Level Standard documents will be received via Customer's account manager or Bay City Networks Customer Service. No credits will be issued if failure to meet a Network Packet Delivery Service Level Standard is attributable to reasons of Force Majeure (see below if not defined in the applicable service agreement).
Network Packet Delivery Remedy. If Bay City Networks fails to meet any Network Packet Delivery Service Level Standard in a calendar month, Customer's account will be automatically credited for that month. Such credit will equal the pro-rated charges for one day of the Bay City Networks monthly recurring charge for the Internet Dedicated Service with respect to which a Network Packet Delivery Service Level Standard has not been met.
Service Level Standard 5 - Denial of Service Service Level Standard
Denial of Service Scope. Bay City Networks will respond to Denial of Service attacks reported by Customer within 15 minutes of Customer opening a complete trouble ticket with the Bay City Networks Business Customer Center. Bay City Networks defines a Denial of Service attack as more than 95% bandwidth utilization. This Service Level Standard is only available in the United States.
Denial of Service Process. To open a trouble ticket for Denial of Service, Customer must call Bay City Networks at 1-800-900-0241 and state: "I am under a Denial of Service Attack." A complete trouble ticket consists of Customer's Name, Account Number, Caller Name, Caller Phone Number, Caller Email Address and Possible Destination IP address/Type of Attack. Bay City Networks will use trouble tickets and other appropriate Bay City Networks records to determine, in its sole judgment, whether a Service Level Standard has been met. Customer must notify Bay City Networks no later than 30 days after the Denial of Service attack(s) occurred.
Denial of Service Remedy. If Bay City Networks fails to meet the Denial of Service Service Level Standard, Customer's account will be credited, at Customer's request, the pro-rated charges for one day of the Bay City Networks monthly recurring charges for the affected Internet Dedicated Service. Customer may obtain no more than one credit per day, regardless of the number of times a Denial of Service Service Level Standard has not been met during the day.
Service Level Standard 6 - Reporting Service Level Standard
Bay City Networks provides two types of reporting Service Level Standards a Network Outage Notification Service Level Standard and a Scheduled Maintenance Notification Service Level Standard. Bay City Networks's Network Outage Service Level Standard provides Customer notification within 15 minutes after it is determined that Internet Dedicated Service is unavailable. Bay City Networks's standard procedure is to ping Customer's router every five minutes. If the router does not respond after two consecutive five-minute ping cycles, Bay City Networks will deem the Internet Dedicated Service unavailable and the Customer's point of contact will be notified by e-mail, phone or pager, as elected by Bay City Networks.
Scheduled Maintenance. Scheduled Maintenance means any maintenance at the Bay City Networks hub to which Customer's circuit is connected (a) of which Customer is notified seven calendar days in advance, and (b) that is performed at the Bay City Networks hub to which Customer's circuit is connected. Notice of Scheduled Maintenance will be provided to Customer's designated point of contact by email or pager, as elected by Bay City Networks. Upon receiving such notice, Customer may request to have such maintenance postponed to a later date if agreed to by Bay City Networks.
Notification. To obtain the benefit of being proactively notified of outages and maintenance activity under this Service Level Standard, Customers subscribed to Bay City Networks's Rapid Delivery ("VRD") contracting platform must enroll in the Network Outage Notification Service and the Scheduled Maintenance Notification Service (accomplished via Customer's account manager or Bay City Networks Customer Service). Customers on Bay City Networks's legacy contracting platform are automatically enrolled.
Force Majeure. Any delay in or failure of performance by Bay City Networks will not be considered a breach of this Service Level Standard if and to the extent caused by events beyond its reasonable control, including, but not limited to, acts of God, embargoes, governmental restrictions, strikes, lockouts, work stoppages or other labor difficulties, riots, insurrection, wars, or other military action, acts of terrorism, civil disorders, rebellion, fires, floods, vandalism, or sabotage (Force Majeure). Bay City Networks's obligations hereunder will be suspended to the extent caused by Force Majeure so long as the Force Majeure continues.
Service Level Standard 7 - Network Jitter Service Level Standard (currently applicable only in U.S.)
U.S Network Jitter Scope. Also known as delay variation, Jitter is defined as the variation or difference in the end-to-end delay between received packets of an IP or packet stream. Jitter is usually caused by imperfections in hardware or software optimization and varying traffic conditions and loading. Excessive delay variation in packet streams usually results in additional packet loss, which affects quality. Bay City Networkss North American Network jitter performance will not exceed 1 milliseconds between Bay City Networks-designated inter-regional transit backbone network routers Hub Routers in the contiguous
Network Jitter Process. Jitter shall be measured by averaging sample measurements taken during a calendar month between Hub Routers. Each month's Network performance statistics relating to the Network Jitter Service Level Standards are able to received via Customer's account manager or Bay City Networks Customer Service. No credits will be made if failure to meet a Network Jitter Service Level Standard is attributable to reasons of Force Majeure (as defined in the applicable service agreement).
Network Jitter Service Level Standard Remedy. If Bay City Networks fails to meet Jitter Service Level Standard in a calendar month; Customer's account shall be automatically credited for that month for the pro-rated charges for one day of the Bay City Networks Monthly Fee for the service with respect to which Jitter Service Level Standard has not been met.
Service Level Standard 8 - Mean Opinion Score ("MOS") Service Level Standard (currently applicable only on the Mainland)
MOS Scope. Mean Opinion Score is a measure (score) of the audio fidelity, or clarity, of a voice call. It is a statistical measurement that predicts how the average user would perceive the clarity of each call. The Bay City Networks Internet Dedicated MOS Service Level Standard provides that Bay City Networks's Mainland Network MOS performance not be less than 4.0 between Bay City Networks-designated inter-regional transit backbone network routers ("Hub Routers") in the contiguous United States. MOS is calculated using the standards based E-model (ITU-T G.107).
MOS Process. Credits will not be issued if failure to meet the MOS Service Level Standard is attributable to reasons of Force Majeure (as defined in Service Level Standard.6 above, if not defined in the applicable service agreement.)
MOS Service Level Standards are able to received via Customer's account manager or Bay City Networks Customer Service.
MOS Remedy. To receive a credit, Customer must submit a request within 30 business days after Service Level Standard results for the preceding month have been posted and which indicate that the MOS Service Level Standard has not been met. Customers account will be credited a pro-rated amount of the monthly recurring charges equivalent to one days Internet Dedicated Service plus one day of the access line charges for the Internet Dedicated Service.
Service Level Standard 9 Time to Repair ("TTR") Service Level Standard
TTR Service Level Standard Scope. Calculation of Customers TTR Service Level will be based on the time taken to restore service to a circuit following an event that results in the outage of a circuit. The TTR Service Level Standard for Internet Dedicated Services is 4 hours. The TTR time starts when a trouble ticket is opened by Bay City Networks or the Customer after the outage of a circuit other than for outages associated with the exceptions stated below, and concludes with the restoration of the affected circuit. TTR Service Level Standard applies to the Local Access line and the WAN infrastructure port.
TTR Service Level Standard Process. Outages will be counted only if Customer opens a trouble ticket with Bay City Networks Customer support within (30) days of the outage. Calculation of the TTR Service Level Standard does not count as a covered outage any outage resulting from (a) scheduled Maintenance; (b) any Customer-ordered telephone company circuits or equipment; (c) Customer's applications or equipment; (d) acts or omissions of Customer, non-Bay City Networks affiliated third parties or user of the circuit authorized by Customer; or (e) Force Majeure (as defined below if not defined in the applicable service agreement). If Bay City Networks does not meet the TTR Service Level Standard during any calendar month Customer's account will be credited at Customer's request.
TTR Service Level Standard Remedy. To receive a credit, Customer must submit its request within 30 days after the month in which the TTR Service Level Standard was not met. Such credit will equal the pro-rated charges for one day of the Bay City Networks Monthly Fee for the affected Service with respect to the calendar month the TTR Service Level Standard has not been met. The TTR Service Level Standard Remedy is not available to Customer if Customer has requested a credit under the Service Availability Standard.
© 2025 Bay City Networks All Rights Reserved.