Crocker Communications Inc. and Crocker Telecommunications LLC are committed to providing a reliable, high-quality service to support Clients using Crocker’s Internet Access service. This Service Level Agreement (SLA) outlines the minimum service a Client may expect from Crocker for the contracted term of their service.
The following SLA represents Crocker's sole responsibility and the Client's sole remedy regarding Crocker's Internet Access SLA and any Network Service Availability Guarantee.
Client shall mean a Crocker customer who has executed a binding agreement for Crocker's Internet Access service, excluding any Client whose account is, or during the period in question, was not in good financial standing with Crocker, or is in violation of the terms and conditions or Crocker's acceptable use policy outlined in Crocker's Terms of Service.
The terms of this SLA take effect immediately upon the completion of the Crocker’s Commit Date for service activation. In the month when a Client's Internet Access service is terminated, the Customer is not eligible to receive credits for Crocker not meeting its service commitments for that month. If the service is no longer under a term contract, the terms of this SLA no longer apply.
Internet Access Service Fee for a Client is the base monthly recurring fee paid by the Client for Internet Access serviced via Ethernet, Fiber, Optical Networking, T1 or T3.
Scheduled Maintenance refers to normal maintenance scheduled for either preventative measures or the upgrade of Crocker's data network, voice network, and servers used to deliver Internet Access to the Client. Crocker makes every effort to conduct Scheduled Maintenance during our normal monthly maintenance window of 12:01AM – 4:00AM EST on the first Thursday of each month. However, there may be occasions that Scheduled Maintenance may need to be conducted outside the normal monthly maintenance window. It is Crocker’s policy to notify clients with as much advanced notice as possible by broadcast message and/or posting on the maintenance log on www.crocker.com. Such effects related to Scheduled Maintenance shall not give rise to service credits outlined in this SLA.
Unscheduled Maintenance refers to urgent Crocker's efforts to correct network conditions that are likely to cause service outages or severe network performance degradation impacting multiple Clients and requires immediate action. Unscheduled Maintenance may degrade the quality of service to include the possibility of outages. Crocker's policy is to notify the Client with as much advance notice as possible under the circumstance by broadcast message and/or posting on the maintenance log on www.crocker.com prior to performing the maintenance. Such effects related to urgent Unscheduled Maintenance shall not give rise to service credits outlined in this SLA.
SERVICE LEVEL AGREEMENT
The time attributed toward Network Service Unavailability begins when the Trouble Ticket reporting the outage is opened by Client with Crocker Client Support and ends when the affected service is again operational.
The Network Service Availability guarantee is subject to the following limitations:
No credit allowance will be made for any interruption in service related to any of the following:
- Due to noncompliance with the provisions of Crocker's Terms of Service (including its payment terms)
- Due to the failure of power at the Client premise
- Due to the failure of Client premise equipment (CPE) or other Hardware
- Due to circumstances or causes beyond the reasonable control of Crocker.
- During any period in which Crocker is not given full and free access to its facilities and equipment for the purposes of investigating and correcting interruptions
The amount of credit available per month is subject to a cap as described in this Agreement.
NETWORK SERVICE AVAILABILITY - BANDWIDTH LATENCY GUARANTEES
Network Latency Guarantee Scope:
Crocker Communications (CROCKER) Network Latency Guarantee is average round-trip transmissions of 75 milliseconds or less between Crocker-designated transit backbone network routers ("Crocker Backbone") and 200 milliseconds or less between the Crocker Backbone and the Internet.
Network Latency Guarantee Process:
Latency shall be measured by averaging sample measurements taken during a calendar month between Backbone Routers.
North American Network Packet Delivery Scope:
CROCKER's North American Network Packet Delivery Guarantee is packet delivery of 99% or greater between CROCKER Backbone Routers and 95% between the Crocker Backbone and the Internet
Packet Delivery Guarantee Process:
Packet Delivery shall be measured by averaging sample measurements taken during a calendar month Crocker Backbone Routers.
Backbone Service Availability Scope:
99.9% Backbone Availability Guarantee
Backbone Service Availability Guarantee Process:
At Customer's request, CROCKER will calculate Customer's "Network Unavailability" in calendar month. "Network Unavailability" consists of the number of minutes that the CROCKER Network was not available to Customer.
CREDIT AND PAYMENT PROCEDURE
To receive credit for the Network Service Availability Guarantee, the Client must;
- Contact Crocker and open a trouble ticket within 5 days of an outage.
- Request credit in writing within 30 days of an event.
- Be in good financial standing with Crocker and must be compliant with the terms and conditions of Crocker’s Terms of Service. A Client’s failure to comply, including without limitation of failure to pay charges on a timely basis, will invalidate the Guarantees.
Credits are based on the Client's Internet Access Service Fee and may arise from multiple service guarantees outlined in this SLA. The total combined credits applied to the Client's Internet Access will not exceed the Internet Access Service Fee in any calendar month.
The Client will pay its entire service bill, and shall not offset any Service Credits it would anticipate receiving from Crocker. Client shall cooperate with Crocker in any Service Claim investigations.
For each cumulative hour of outage or fraction thereof in any calendar month, at Client’s request Client’s account shall be credited for the pro-rated charges for one day of the Internet Access Monthly Fee for the service with respect to which a Network Service Availability guarantee has not been met.
Service Credits delivered as remedies in conjunction with this SLA represent Crocker's sole responsibility and the Client's sole remedy related to Internet Access.
Crocker reserves the right to change, amend, and/or revise this SLA policy at any time. Changes and/or revisions to the SLA will be deemed effective upon posting the applicable revision on Crocker's website.