PERFORMANCE GUARANTEED Clause Samples

PERFORMANCE GUARANTEED. At Lingo, we back up our promises with industry-leading performance and reliability guarantees - demonstrated by our superior performance of providing high-value, mission-critical data access and transmission services to the commercial marketplace. Lingo guarantees maximum network availability, minimal packet loss, latency, and on time installation. If ▇▇▇▇▇ is not performing as promised, or Client lose connectivity as defined below, Client is entitled to receive a credit. This declaration is another way that Lingo demonstrates its commitment to complete Client satisfaction. Lingo guarantees that the Lingo network will be available 99.99% of the time. Client will receive a credit of 1/30th of the Monthly Recurring Charge (“MRC”) for that month for each eight consecutive business hours of service non-availability (“Service Outage”). A Service Outage does not include interruptions that occur during scheduled periods of maintenance or upgrades. Lingo guarantees that Internet Access provided over Fixed Wireless will be available 99.9% of the time. Client will receive a one-time 10% MRC credit at the impacted location for that month based on network availability. Availability = The amount of time that the network will be available as measured in minutes per month. The calculation is: Total minutes of actual availability divided by the total number of minutes in a month (“Covered Time”). Service Interruptions Excluded from Covered Time: Loss of power at the impacted location; Impacted location is unable to conduct business due to an event beyond the control of Lingo (i.e. acts of nature, fire, civil unrest); Service interruptions caused by any non-Lingo provided equipment or service; Service is not used in a manner prescribed by Lingo including moving or adjusting any configurations without authorization or instruction provided by ▇▇▇▇▇. ▇▇▇▇▇’▇ Latency SLA is measured as the round-trip response time from Lingo to each of the Client’s sites across the Lingo -provided connection. No SLA is offered for IP packets traversing the public internet. Lingo guarantees an average monthly latency of less than 60 milliseconds within the Lingo network. Client will be entitled to a prorated credit equivalent to one (1) day's share of Client’s monthly recurring access charge for any month in which ▇▇▇▇▇'▇ average latency exceeds 60 milliseconds. Lingo guarantees an average monthly latency of less than 55 milliseconds within the Lingo network and between sites using Fiber Ether...