Dedicated Internet Access and Combined Services Service Level Agreement (SLA)
 
OrbitCom Inc. Dedicated Internet Access (DIA) and Combined Services are backed by specific service level guarantees. If these guarantees are not met, the credit set forth below will be issued, if requested, by the customer and verified by OrbitCom Inc., following the procedures outlined below. The total of all credits provided under this SLA is limited to the monthly recurring charges for the affected DIA or Combined Services for the affected month of service.

Network Availability Guarantee - 99.9%
 
OrbitCom Inc.'s IP Network, as defined in this section, is guaranteed to be available and capable of forwarding IP packets 99.9% of the time, as averaged over a calendar month. The OrbitCom Inc. IP network includes the customer's access port (the port on the OrbitCom Inc. aggregation router upon which the customer's circuit terminates) and OrbitCom Inc.'s IP backbone network. OrbitCom Inc.'s IP backbone network includes OrbitCom Inc. owned and controlled routers and circuits plus connectivity provided to OrbitCom Inc. by the various ISPs from whom OrbitCom Inc. may purchase IP transit directly over facilities the ISPs own and control.
 
The OrbitCom Inc. Network Availability guarantee does not include the local access circuit (e.g. local loop) or Customer Premises Equipment ("CPE") unless those services are provided by OrbitCom Inc. The OrbitCom Inc. Network Availability guarantee does not include the Customer's Local Area Network (LAN), scheduled maintenance events, customer caused outages or disruptions, interconnections to or from and connectivity within other Internet Service Provider (ISP) networks, and force majeure events (as defined in the relevant service contract).
 
If the Network Availability guarantee is not met in a calendar month, the customer may request a credit of 1/30th of the monthly recurring charge (MRC) for that month for each full hour of outage in excess of the .1% guaranteed under this SLA. Limits on the credit and the reporting procedures are detailed below.

Latency Guarantee (60 Milliseconds)
 
OrbitCom Inc.'s IP backbone network (as defined in the previous section) is guaranteed to have an average round trip packet transit time over a calendar month of 60ms or less. The average latency is measured as the average of 15-minute samples across OrbitCom Inc.'s IP backbone network taken throughout the month.
 
The OrbitCom Inc. Latency Guarantee does not include the local access circuit (e.g. local loop) or Customer Premises Equipment ("CPE") unless those services are provided by OrbitCom Inc.. The OrbitCom Inc. Latency Guarantee does not include the Customer's Local Area Network (LAN), scheduled maintenance events, customer caused outages or disruptions, interconnections to or from and connectivity within other Internet Service Provider (ISP) networks, and force majeure events (as defined in the relevant service contract).
 
If the Latency guarantee is not met in a calendar month, the customer may request a credit of 1/30th of the monthly recurring charge (MRC) for that month for each full 3ms above the 60ms average maximum guaranteed under this SLA. Limits on the credit and the reporting procedures are detailed below.

A e-mail must be sent containing documentation that supports the claim of an SLA violation such as PING and/or traceroute output taken at the time of the occurrence which demonstrates the problem(s) being reported.
 
OrbitCom Inc. will take all measures it deems appropriate to investigate reported outages. Determination of credits due pursuant to this SLA will be made solely by OrbitCom Inc. Total credits under this SLA are limited to the monthly recurring charge for the affected DIA service or Combined Service for the month in which the service does not meet the guarantees.