Nexus’ goal is to make the Nexus’ network available to Client free of outages for 99.5% of the time. An “outage” is defined as an instance in which Client is unable to transmit and receive IP packets due to a service failure for more than 15 consecutive minutes, excluding service failures relating to Nexus’ scheduled maintenance and upgrades. The network does not include client premises equipment or any Telco access facilities connecting Client’s premises to such infrastructure. Nexus’ goal is to keep Average Round-Trip Latency on the network to 85 milliseconds or less. Nexus defines “Average Round-Trip Latency”, with respect to a given month, as the average time required for round-trip packet transfers between Nexus’ network and major US backbone peering points during such month, as measured by Nexus. Nexus’ goal is to keep Average Packet Loss on the network to 1% or less. Nexus defines “Average Packet Loss”, with respect to a given month, as the average percentage of IP packets transmitted on the Nexus’ network during such month that are not successfully delivered, as measured by Nexus.
Nexus will periodically (on average every 15 minutes) monitor Nexus network and server availability using software and hardware components capable of measuring application traffic and responses. Client acknowledges that that such measurements may not measure the exact path traversed by Client’s internet connection, and that such measurements constitute measurements across the Nexus’ network but not other networks to which Client may connect. Nexus reserves the right to periodically change the measurement points and methodologies it uses without notice to Client.
Nexus’ stands behind all equipment on our network. Faulty hardware is rare, but cannot be predicted nor avoided. Nexus utilizes only name brand hardware of the highest quality and perfomance. Nexus will replace all faulty hardware affecting performance levels of equipment within 48 hours, which includes hardware issues that cause server crashes or speed issues. Hardware failure resulting in complete network/server outage/downtime will be corrected within two hours of problem identification. Router failure is an exception to this SLA guarantee, and may require on-site Cisco™ engineers or backbone provider emergency personnel to correct the problem. Router failure is governed by current contracts with Cisco™ and backbone providers in regard to the emergency repair service in case of such an issue. Nexus will replace all faulty hardware on dedicated servers (rented or leased servers), at no charge to the Client (except if it is due to customer abuse such as excessive reboots), with an unlimited free replacement policy. This includes parts ordered as upgrades.
Credit requests must be made on the Nexus web site, by contacting our Billing Department. Each request in connection with network/server outages/downtime must be received by Nexus within five days of the occurance. Each request in connection with Average Round-Trip Latency or Average Packet Loss in a calendar month must be received by Nexus within five days after the end of such month. The total amount credited to a Client for Nexus not meeting SLA service levels will not exceed the service fees paid by Client Nexus for such services for the period in question. Each validly requested credit will be applied to a Client invoice within 30 days after Nexus receipt of such request. Credits are exclusive of any applicable taxes charged to Client or collected by Nexus. Upon Client’s request (in accordance with the procedure set forth below), Nexus will issue a credit to Client for network/server outages/downtime occurring during any calendar month that are reported by Client to Nexus and confirmed by Nexus measurement reporting. Such credit will be equal to one day’s worth (1/30th) of the monthly fees paid by Client, (for all service fees paid if network outage, or specific affected service fees paid if individual server downtime) multiplied by each hour (or portion thereof rounded to nearest next hour) of the cumulative duration of such outage/downtime. If Average Round-Trip Latency on the network for a calendar month exceeds 85 milliseconds, then upon Client’s request, Nexus will issue a credit to Client equal to six day’s worth (1/5th) of the monthly service fees paid by Client for such month. If Average Packet Loss exceeds 1% during a calendar month, then upon Client’s request, Nexus will issue a credit to Client equal to six day’s worth (1/5th) of the monthly service fees paid by Client for such month.
