General Terms and Conditions

COLOCATION SERVICE LEVEL AGREEMENT AND COLOCATION PERFORMANCE STANDARDS

 

This COLOCATION SERVICE LEVEL AGREEMENT ("SLA") applies to Colocation services executed by and between Customers and Northwest Fiber, LLC. (“Ziply Fiber”). The terms of this SLA apply exclusively to the Colocation elements directly within Ziply Fiber’s management responsibility and control and excludes issues found to be the result of non- Ziply Fiber facilities.

     

  1. Facilities Maintenance. Ziply Fiber shall perform such janitorial services, environmental systems maintenance, power plant maintenance and other maintenance actions within and to the Data Center as Ziply Fiber deems necessary or desirable (collectively, “Facilities Maintenance”).Customer acknowledges and agrees that the performance of Facilities Maintenance (and/or any maintenance performed by Customer) may cause the Services to be temporarily inaccessible and/or temporarily unavailable to Customer.Ziply Fiber will use its commercially reasonable efforts to conduct such Facilities Maintenance in a manner and at such times so as to avoid or minimize the inaccessibility of and/or unavailability of the Services.

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  2. CPI. Pricing for power supplied to the Collocation will be adjusted annually by CPI or 4% whichever is greater.

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  3. UPS / DC Power Guarantee. Except in the event of Facilities Maintenance, maintenance performed by Customer, any Specific Exclusions (as defined below), and/or Force Majeure Events, Ziply Fiber shall have the contracted power available for the Customer as follows (“Power Guarantee”): (i) 99.999% of the time during the term of the collocation Service when configured with Redundant UPS power, or (ii) if the Customer does not choose the Redundant UPS power option on the Service Order, 99.9% of the time during the term of the applicable collocation Service.

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  4. UPS / DC Power Remedy. In the event Ziply Fiber fails to provide the level of service provided in the Power Guarantee, Customer shall, upon request, receive the applicable credit (“Service Level Credit”) described below in the Power Service Level Credit Schedule. The Power Guarantee is measured on a calendar month basis and is based upon Customer’s selection on the Service Order of either Primary or Redundant power.

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  5. Temperature Guarantee. Except in the event of Facilities Maintenance, maintenance performed by Customer, any Specific Exclusions (as defined below), and/or Force Majeure Events, Ziply Fiber guarantees that the measured average daily ambient temperature in the Data Center in which the Customer Space is located will not exceed 85 degrees Fahrenheit (“Temperature Guarantee”). Temperature measurements will be taken every five (5) minutes from the Ziply Fiber sensors located in the cold aisles of the Data Center.Temperature measurements taken during Facilities Maintenance will not be used to determine Customer’s eligibility for Service Level Credits.

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  6. Temperature Remedy. In the event the measured average daily ambient temperature in the Data Center exceeds 85 degrees Fahrenheit, Ziply Fiber will, upon request, credit Customer’s account for such month the pro-rated charges for one (1) day’s monthly recurring charge for the Space and power in the affected Datacenter for each day that the measured average daily ambient temperature exceeds 85 degrees Fahrenheit (also, a “Service Level Credit”).

     

    UPS / DC POWER UNAVAILABILITY CALCULATIONS

    SERVICE LEVEL CREDIT FOR PRIMARY AND REDUNDANT POWER SUPPLIES

    SERVICE LEVEL CREDIT FOR A PRIMARY POWER SUPPLY ONLY

    More than 26 seconds but less than 4 minutes in a given month.

    Credit of 1.0% of the total monthly recurring charge for the Customer Space.

    NONE.

    4 minutes but less than 43 minutes in a given month.

    Credit of 2.0% of the total monthly recurring charge for the Customer Space.

    NONE.

    43 minutes but less than 86 minutes in a given month.

    Credit of 4.0% of the total monthly recurring charge for the Customer Space.

    Credit of 2.0% of the total monthly recurring charge for the Customer Space.

    More than 86 minutes in a given month.

    Credit of 6.6% of the total monthly recurring charge for the Customer Space, plus the applicable credit for any partial hour. For example, unavailability of 1 hour, 30 minutes, would result in a credit of the total monthly recurring charge of 8.6% (6.6% + 2.0%). monthly recurring charge of 8.6% (6.6% + 2.0%).

    Credit of 4.0% of the total monthly recurring charge for the Customer Space, plus the applicable credit for any partial hour. For example, unavailability of 1 hour, 30 minutes, would result in a credit of the total monthly recurring charge of 4.0% (4.0% + NONE).

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  7. Non-UPS / DC Power Exclusion. Power that is explicitly provisioned without UPS / DC protection is not subject to any “Service Level Credit” of any kind due to outage.