Latency Guarantee Clause Samples

Latency Guarantee. Except in the event of Facilities Maintenance, Customer Maintenance and Force Majeure conditions, QUALITYTECH shall provide the contracted Internet access capable of one-way transmissions of a monthly average of [***] milliseconds or less between the QUALITYTECH switch port and the QUALITYTECH transit routers during the Term of this Addendum (“Latency Guarantee”). It is mutually understood that customers who purchase Burstable bandwidth may necessarily suffer increased latency should volume exceed the Burstable access ordered.

Latency Guarantee. The FirstLight Ethernet Service is guaranteed to have an average one- way transit time on the FirstLight network within a given LATA as listed within Table 1 - Service Level Criteria, measured between FirstLight Provider Equipment located at the customer premises. FirstLight maintained and operated network monitoring tools will be used to record one-way latency. The FirstLight Latency Guarantee for FirstLight Ethernet Service does not include latency resulting from 3rd party Access Loop, equipment on the Customer’s side of the point of demarcation, scheduled maintenance events, outages or disruptions caused by the Customer and Force Majeure events. If the Latency Guarantee is not met, Customer will receive a credit of 1/30th of the monthly recurring charges for the Ethernet Service at the impacted service location for each calendar day that the latency exceeded the latency as listed within Table 1 - Service Level Criteria. Limits on the credit and the reporting procedures are detailed in Section 5 of this Schedule.

Latency Guarantee. A. Latency Guarantee is measured as the average round-trip transmission of 85 milliseconds or less (for a 100Byte ping packet) within the U.S. Netrouting Backbone Network (excluding any International backbone or exchange). B. Latency shall be measured by averaging sample measurements taken during a calendar month between our multiple domestic (U.S.) Points-of-Presence (POPs). C. If we fail to meet any Latency Guarantee in a given calendar month, the customer account will be credited for two (2) weeks of service. Latency Guarantee does not include failures due to i) maintenance windows; ii) interruptions due to emergencies; iii) reasons of Force Majeure; iv) occurrences due to Customer violation of the MSA, including any suspension or termination of the customer account; and v) restrictions placed on the customer account due to an unreasonable use of infrastructure resources (as measured against similarly situated Customers) or interference with the services we provide to other customers.

Latency Guarantee. NoaNet’s goal is to keep the Average Round-Trip Latency on the NoaNet Network to 50 milliseconds or less. Average Round-Trip Latency, with respect to a given month, is defined as the average time required for round-trip packet transfers between POPs on the NoaNet Network during such month, as measured by NoaNet. Average Latency does not extend to the Customer’s connection into NoaNet or to Customer Premise Equipment (CPE). If Average Round-Trip Latency on the NoaNet Network for a calendar month exceeds 85 milliseconds, then upon Customer’s request (in accordance with the procedure set forth below), NoaNet will issue a credit to the Customer equal to one day’s worth of the base IP access fee paid by the Customer for such month. NoaNet’s goal is to keep Average Packet Loss on the NoaNet Network to 1% or less. Average Packet Loss, with respect to a given month, is defined as the average percentage of IP packets transmitted on the NoaNet Network during such month that are not successfully delivered, as measured by NoaNet. If Average Packet Loss exceeds 1% during a calendar month, then upon Customer’s request (in accordance with the procedure set forth below), NoaNet will issue a credit to the Customer equal to one day’s worth of the base IP access fee paid by the Customer for such month. The terms of the SLA relating to Average Round-Trip Latency and Average Packet Loss will take effect the first full calendar month after the Customer’s first use of the NoaNet Network. Customer shall not receive any credits under this SLA in connection with any failure or deficiency of the NoaNet Network caused by or associated with:

Latency Guarantee. DNS- Hosting Facilities’s Latency Guarantee is measured as the average round- trip transmission of 85 milliseconds or less (for a 100Byte ping packet) within the U.S. DNS- Hosting Facilities Backbone Network (excluding any International backbone or exchange).

Latency Guarantee. NETHolding Hosting Facilities’s Latency Guarantee is measured as the average round-trip transmission of 85 milliseconds or less (for a 100Byte ping packet) within the U.S. NETHolding Hosting Facilities Backbone Network (excluding any International backbone or exchange).

Latency Guarantee. Except in the event of Facilities Maintenance (subject to the notice requirements of Section 1.5), Customer Maintenance and Force Majeure conditions, QTS shall provide the contracted Internet access capable of one-way transmissions of a monthly average of *** or less between the QTS switch port and the QTS transit routers during the Term of this Addendum (“Latency Guarantee”). It is mutually understood that customers who purchase Burstable bandwidth may necessarily suffer increased latency should volume exceed the Burstable access ordered. Latency Remedy. In the event QTS fails to meet the Latency Guarantee, Customer will receive a Service Level Credit equal to *** for every *** (or portions thereof) over the guaranteed *** monthly average.

Latency Guarantee. Latency is defined as the average monthly end‐to‐end roundtrip delay between the access routers on the Stratus Network Inc. IP Network. Latency shall be measured by averaging sample measurements taken during a calendar month between applicable Hub Routers. The Stratus Network Inc. network is guaranteed to have an average round‐trip packet transit time within the Stratus Network Inc. Network of no more than 65ms. If this guarantee is not satisfied during the calendar month, Customer will be credited one day of the Stratus Network Inc. MRC charge to the affected Network Access Port. Packet Delivery will be measured on an ongoing basis every five minutes to determine an average monthly performance level for packets delivered between the relevant Intra U.S. POPs. The Stratus Network Inc. IP network is guaranteed not to cause an average packet loss of more than one percent (1%) during any calendar month. If the applicable network average for packet loss in a given month exceeds the target, the Purchaser will be compensated one day MRC charge. Jitter measures the Intra U.S. inter‐packet delay variance and packet loss in the Stratus Network Inc. IP Network, and is measured on an ongoing basis every five minutes by generating synthetic user datagram protocol (UDP) traffic. The Stratus Network Inc. IP network is guaranteed not to cause a maximum average network jitter delay of more than two percent (2%) during any calendar month. If the applicable network average for packet loss in a given month exceeds the target, the Purchaser will be compensated one day MRC charge.

Latency Guarantee. The Infinity Internet network (as defined in the previous section) is guaranteed to have an average round trip packet transit time within the Infinity Internet backbone network over a calendar month of 65ms or less. The average network latency is measured as the average of 5 minute samples taken throughout the month. The Infinity Internet Latency Guarantee does not include the customer’s Local Area Network (LAN), local access circuit (e.g. local loop), scheduled and unscheduled maintenance events, Customer Premise Equipment (router or CPE), customer caused outages or disruptions, interconnections to or from and within other Internet Service Provider (ISP) networks, Infinity Internet dial-up, DSL or hosting services, and force majeure events. If the Latency Guarantee is not met in a calendar month, the customer is eligible to receive a credit up to 1/30th of the monthly service charge (MRC) for that month for each full 1ms above the 65ms average maximum guaranteed under this SLA up to a maximum of one month’s recurring charge.