iDSL/sDSL Service Level Agreement (SLA)

Quality of Service Commitment If, during the first thirty (30) calendar days after installation, you notify Widomaker that you are not satisfied that Widomaker SDSL Internet access/network connectivity service has increased your company's productivity, you may request that your service be discontinued, and we will relieve you from the remaining term of your service commitment and waive any "early termination fee" otherwise applicable under our standard terms of service. No penalties, no arguments. Latency Commitment Our Commitment: Widomaker commits to provide an average monthly roundtrip delay of 80 milliseconds or less within Widomaker’s network in North America. Your Remedy: Any Customer who experiences average latency in excess of 80 milliseconds for any calendar month may request a two-day Service Credit. Any Customer who experiences average latency in excess of 80 milliseconds in each of two consecutive calendar months may request a seven-day Service Credit. Network Availability Commitment Our Commitment: Widomaker commits to provide 99.9% availability each month for your connection within Widomaker’s network in North America. Your Remedy: Any Customer who experiences availability of the network connection of below 99.9% in any calendar month may request a one-day Service Credit for each whole hour of unavailability in such month in excess of the above minimum commitment. Customer Premise Equipment Commitment Our Commitment: All Customer premise equipment (i.e., the installed bridge, modem or router (CPE) in support of service) leased from Widomaker will be guaranteed by Widomaker to be free from defects (other than those attributable to abuse, tampering or unauthorized repair or modification) during the term of service. Your Remedy: Widomaker will repair or replace all leased CPE that is determined by Widomaker to be defective (and not the subject of Customer misuse, tampering or unauthorized repair/modification) within the applicable warranty period. Service Credit Specifications In the event Widomaker fails to achieve any Service Level Commitment, at your request, Widomaker will credit your account in accordance with the applicable remedy set forth above in connection with such Service Level Commitment and subject to the following: To be eligible for a Service Credit, you must report the commitment failure to Widomaker within five (5) days of its occurrence (via telephone at 757-253-7621 or via e-mail notification to helpdesk@widomaker.com), and you must have notified Widomaker of any service-affecting conditions at the time of such failure and have provided Widomaker with all other information reasonably requested in furtherance of troubleshooting the reported issue. All requests for Service Credits for validly reported commitment failures must be delivered in writing to Widomaker. Requests must identify the Service Level Commitment at issue, include the "trouble ticket; number assigned to Customer's report, and include such other information as Widomaker may have reasonably requested to assist it in verifying the request. Widomaker may reject any Service Credit request which does not provide sufficient supporting information to allow Widomaker to verify the claim. All requests for Service Credits will be subject to confirmation by Widomaker, and will be applied by Widomaker as soon as possible to a subsequent recurring invoice following approval. Widomaker shall promptly notify Customer of its resolution of the reported event. Customer must claim any applicable Service Credits by the 15th day of the month following the month in which the reported incident was resolved. Widomaker will inform Customer of credit requests rejected for insufficient information, and Customer will be allowed to resubmit such requests with additional supporting information within fifteen (15) days of Widomaker notification of its rejection of the credit request. After Customer resubmits the credit request with the additional supporting information, the standard verification and crediting timelines outlined herein shall apply. Service Credits are calculated based on the contracted monthly rate for the affected SDSL circuit, prorated by the number of days of credit provided as the remedy for the applicable Service Level Commitment, based on a 30-day month (e.g., a one-day Service Credit means the Customer will receive as a credit an amount equal to 1/30 of the applicable recurring monthly charge for the affected service). The maximum Service Credit to be granted for all failures within a given month shall not exceed the monthly recurring fees charged by Widomaker for the given service for the month in which the given Service Credit is claimed. Any excess credits will not carry over into later invoices. Remedies available hereunder shall only be payable in the form of a Service Credit to Customer's account. Widomaker shall have no obligation to pay cash to Customer to fulfill any earned Service Credit, unless Widomaker records verify that all services have been terminated and authorized Service Credits remain outstanding which are in excess of any remaining amounts due and owing from Customer to Widomaker, and then, only to the extent of the excess amount. If any event triggers a breach of two or more Service Level Commitments, Customer shall only receive a Service Credit equal to the highest applicable Service Credit being requested in connection with the breached Service Level Commitments. Customer shall be ineligible for a Service Credit hereunder if Customer is not in financial good standing with Widomaker (i.e., current on all billings) at the time of the request. The "quality of service" commitment is not available to Customers who have been migrated to Widomaker network from another ISP as part of a customer acquisition. For those eligible Customers who do avail themselves of the 30-day cancellation policy set forth in such commitment, they shall remain responsible for the monthly recurring charges for that initial month of service and any outstanding one-time charges associated with delivery of service in accordance with the terms of their service agreement with Widomaker. The remedies set forth herein for each Service Level Commitment shall be the exclusive remedy available to Customer for Widomaker failure to achieve such Service Level Commitment. This SLA does not represent a warranty or guarantee by Widomaker that services will be uninterrupted or fit for any particular purpose or intended use of any kind, and Widomaker shall not be liable for any damages of any nature or amount as a result of any failure to achieve any Service Level Commitment, other than the permitted Service Credits authorized and described hereunder. Exclusions This SLA applies to SDSL circuit connectivity service and related equipment only. Widomaker will not be responsible for, and Service Credits will not be issued in connection with, any failure by Widomaker to meet a Service Level Commitment by reason of any of the following: Any Customer act or omission, including without limitation any negligence, willful misconduct or misuse of any service or equipment, which impairs Widomaker ability to provide service. Scheduled maintenance on the Widomaker network. Failure on the part of Customer to timely report the incident and open a trouble ticket in accordance with this SLA. Widomaker may modify the Service Level Commitments and your remedy for the failure by Widomaker to meet any Service Level Commitment at any time. Such modifications shall be deemed effective immediately upon either posting of the modified SLA on the Widomaker web site, currently located at www.dsl.net, or notifying you. If you have any questions, please contact your Account Representative. Revised: September 1, 2008