Common use of Network Latency Clause in Contracts

Network Latency. The network latency will average less than 25 ms per element averaged across all elements on the local portion of SI&T’s network. After being notified by Customer of network latency in excess of the limit specified above, SI&T will use commercially reasonable efforts to determine the source of such excess network latency and to correct such problem to the extent that the source of the problem is on SI&T’s Network. If SI&T fails to remedy such network latency within four (4) hours of verification and if the average network latency for the preceding 30 days has exceeded the rates specified above, Customer may request a one (1) day Service Credit for that particular event. Customer may not request network latency service credit more than once for any given calendar day. Network Latency across an element is defined as the average time taken for data to make a round trip across such element. Elements in the transport circuit include routers, switches, circuits and other components. Test points for latency are designated solely by SI&T. Testing must be done during a period in which the only traffic on the circuit is the test traffic. Average latency is not measured when a circuit is experiencing a service outage. In the case of continuous high latency exceeding the limits of this SLA, SI&T reserves the right to recommend the disconnection of the affected circuit without penalty of breach.