Common use of SLA Credit Request Process and Limitations Clause in Contracts

SLA Credit Request Process and Limitations. In order to receive any of the SLA credits (specified herein) for Service, an Authorized Contact must immediately notify LightEdge Technical Support of an occurrence within the LightEdge Service that results in the inability of the Customer to access Service (“Service Outage”). A Service Outage does not include an outage that occurs during Scheduled Maintenance. LightEdge Technical Support will investigate the reported outage and assign a Trouble Ticket number. Once LightEdge determines that the substantiated Service Outage that could qualify Customer for the SLA credit occurred (“Verifiable Trouble Ticket”), then Customer may request a Service Credit within 30 days after the event giving rise to the credit by contacting LightEdge Technical Support and asking for an SLA credit escalation. A Verifiable Trouble Ticket must accompany Customer’s request for any SLA credit regarding the Service purchased by Customer. Credits should appear on Customer’s xxxx for the Service within two (2) billing cycles, after such SLA credit has been approved by the LightEdge representative. In any calendar year, Customer’s aggregated SLA credits may not exceed, for any Service, two (2) months’ worth of the monthly Service fee for the affected Service. In any billing month SLA credits may not exceed, for any Service, fifty (50) percent of the monthly Service fee for the affected Service. For purpose of calculating SLA credits, this monthly Service fee shall mean the monthly recurring charge for such Service, but excluding, in all cases, (i) any monthly recurring fees for the Service features (e.g., domain name hosting or e-mail Service), (ii) all one-time charges, and (iii) at all times excluding the monthly recurring charge attributable to Equipment for such Service. Credits are exclusive of any applicable taxes or fees charged to the Customer or collected by LightEdge. SLAs dependent on packet size require use of a 64-byte packet to determine SLA eligibility.

SLA Credit Request Process and Limitations. In order to receive any of the SLA credits (specified herein) for Service, an Authorized Contact must immediately notify LightEdge Technical Support of an occurrence within the LightEdge Service that results in the inability of the Customer to access Service (“Service Outage”). A Service Outage does not include an outage that occurs during Scheduled Maintenance. LightEdge Technical Support will investigate the reported outage and assign a Trouble Ticket number. Once LightEdge determines that the substantiated Service Outage that could qualify Customer for the SLA credit occurred (“Verifiable Trouble Ticket”), then Customer may request a Service Credit within 30 days after the event giving rise to the credit by contacting LightEdge Technical Support and asking for an SLA credit escalation. A Verifiable Trouble Ticket must accompany Customer’s request for any SLA credit regarding the Service purchased by Customer. Credits should appear on Customer’s xxxx bill for the Service within two (2) billing cycles, after such SLA credit has been approved by the LightEdge representative. In any calendar year, CustomerXxxxxxxx’s aggregated SLA credits may not exceed, for any Service, two (2) months’ worth of the monthly Service fee for the affected Service. In any billing month SLA credits may not exceed, for any Service, fifty (50) percent of the monthly Service fee for the affected Service. For purpose of calculating SLA credits, this monthly Service fee shall mean the monthly recurring charge for such Service, but excluding, in all cases, (i) any monthly recurring fees for the Service features (e.g., domain name hosting or e-mail Service), (ii) all one-time charges, and (iii) at all times excluding the monthly recurring charge attributable to Equipment for such Service. Credits are exclusive of any applicable taxes or fees charged to the Customer or collected by LightEdge. SLAs dependent on packet size require use of a 64-byte packet to determine SLA eligibility.

SLA Credit Request Process and Limitations. In order to receive receiv e any of the SLA credits (specified herein) for Service, an Authorized Contact must immediately notify LightEdge Technical Support of an occurrence within the LightEdge Service Serv ice that results in the inability of the Customer to access Service (“Service Serv ice Outage”” ). A Service Serv ice Outage does not include an outage that occurs oc curs during Scheduled Maintenance. LightEdge Technical Support will investigate the reported outage and assign a Trouble Ticket number. Once LightEdge determines that the substantiated Service Outage that could qualify Customer for the SLA credit occurred (“Verifiable Trouble Ticket”” ), then Customer may request a Service Credit within 30 days after the event giving rise to the credit by contacting LightEdge Technical Support and asking for an SLA credit escalation. A Verifiable AVerifiable Trouble Ticket must accompany Customer’s request for any SLA credit regarding the Service purchased by Customer. Credits should appear on Customer’s xxxx for the Service within two Serv ice w ithin tw o (2) billing cyclescy cles, after such SLA credit has been approved approv ed by the LightEdge representative. representativ e. In any calendar year, Customer’s aggregated SLA credits may not exceed, for any Service, two (2) months’ worth of the monthly Service fee for the affected ServiceServ ice. In any billing month SLA credits may not exceedex ceed, for any ServiceServ ice, fifty (50) percent of the monthly Service Serv ice fee for the affected ServiceServ ice. For purpose of calculating SLA credits, this monthly Service fee shall mean the monthly recurring charge for such Service, but excludingex cluding, in all cases, (i) any monthly recurring fees for the Service Serv ice features (e.g., domain name hosting or e-mail Service), (ii) all one-time charges, and (iii) at all times excluding the monthly recurring charge attributable to Equipment for such ServiceServ ice. Credits are exclusive ex clusiv e of any applicable taxes tax es or fees charged to the Customer or collected by LightEdge. SLAs dependent on packet size require use of a 64-byte by te packet to determine SLA eligibilityeligibility . 10.3 SLA Exclusions 10.3.1 Global SLA Exclusions SLAs do not apply and LightEdge is not responsible for failure to meet an SLA resulting from: - Misconduct of Customer or Users of Serv ice. - Failure or deficient performance of pow er, Equipment, Serv ices or sy stems not prov ided by LightEdge. - Delay caused or requested by Customer. - Serv ice interruptions, deficiencies, degradations or delay s due to any access lines, cabling or equipment prov ided by third parties . - Serv ice interruptions, deficiencies, degradations or delays during any period in w hich LightEdge or its representatives are not afforded access to the premises where access lines associated w ith Serv ice are terminated or LightEdge Equipment is located. - Serv ice interruptions, deficiencies, degradations or delay s during any period w hen a Serv ice Component is remov ed from Serv ice for maintenance, replacement, or rearrangement purposes or for the implementation of a Customer order. - Customer’s election to not release a Serv ice Component for testing and/or repair and to continue using the Serv ice Component. - Force Majeure conditions such as fire, explosion, lightning, power surges or failures, strikes or labor disputes, water, acts of god, the elements, war, civil disturbances, terror, acts of civ il or military authorities, fuel or energy shortages, acts or omissions of suppliers or other causes beyond LightEdge’s control, whether or not similar to the foregoing. - Serv ice interruptions, deficiencies, degradations or delay s during any period w hen a Serv ice Component is remov ed from Serv ice for maintenance, replacement, or rearrangement purposes by Customer staff. - Failure to prov ide suitable secure environment for on premise devices including but not limited to: secure mounting/racking, appropriate c ooling and air handling, secure from theft, loose w ires bundled neatly , etc. - Serv ice interruptions, deficiencies, degradations or delays in Service caused by any piece of equipment, configuration, routing event or technology not under the management and control of LightEdge. - Failure to adhere to LightEdge recommended configurations on unmanaged equipment. In addition, Serv ice SLAs do not apply : - If Customer is entitled to other av ailable credits, compensation or remedies under Customer’s Service Agreement for the same Service interruption, deficiency, degradation or delay . - For Serv ice interruptions, deficiencies, degradations or delays not reported by Customer to LightEdge. - Where Customer reports an SLA failure, but LightEdge does not find any SLA failure - When Serv ice is dependent upon other Service with lower SLA. - If Customer has over 30 day past due balance on any billing or service with LightEdge. - After date of Serv ice contract termination. If Customer elects to use another prov ider or method to restore Serv ice during the period of interruption, Customer must pay the charges for the alternativ e Serv ice used.

SLA Credit Request Process and Limitations. In order to receive receiv e any of the SLA credits (specified herein) for Service, an Authorized Contact must immediately notify LightEdge Technical Support of an occurrence within the LightEdge Service Serv ice that results in the inability of the Customer to access Service (“Service Serv ice Outage”” ). A Service Serv ice Outage does not include an outage that occurs during Scheduled Maintenance. LightEdge Technical Support will investigate the reported outage and assign a Trouble Ticket number. Once LightEdge determines that the substantiated Service Outage that could qualify Customer for the SLA credit occurred (“Verifiable Trouble Ticket”” ), then Customer may request a Service Credit within 30 days after the event giving rise to the credit by contacting LightEdge Technical Support and asking for an SLA credit escalation. A Verifiable AVerifiable Trouble Ticket must accompany Customer’s request for any SLA credit regarding the Service purchased by Customer. Credits should appear on Customer’s xxxx for the Service within two Serv ice w ithin tw o (2) billing cyclescy cles, after such SLA credit has been approved approv ed by the LightEdge representative. representativ e. In any calendar year, Customer’s aggregated SLA credits may not exceed, for any Service, two (2) months’ worth of the monthly Service fee for the affected ServiceServ ice. In any billing month SLA credits may not exceedex ceed, for any ServiceServ ice, fifty (50) percent of the monthly Service Serv ice fee for the affected ServiceServ ice. For purpose of calculating SLA credits, this monthly Service fee shall mean the monthly recurring charge for such Service, but excludingex cluding, in all cases, (i) any monthly recurring fees for the Service Serv ice features (e.g., domain name hosting or e-mail Service), (ii) all one-time charges, and (iii) at all times excluding the monthly recurring charge attributable to Equipment for such ServiceServ ice. Credits are exclusive ex clusiv e of any applicable taxes tax es or fees charged to the Customer or collected by LightEdge. SLAs dependent on packet size require use of a 64-byte by te packet to determine SLA eligibilityeligibility . 10.3 SLA Exclusions 10.3.1 Global SLA Exclusions SLAs do not apply and LightEdge is not responsible for failure to meet an SLA resulting from: - Misconduct of Customer or Users of Serv ice. - Failure or deficient performance of pow er, Equipment, Serv ices or sy stems not prov ided by LightEdge. - Delay caused or requested by Customer. - Serv ice interruptions, deficiencies, degradations or delay s due to any access lines, cabling or equipment prov ided by third parties. - Serv ice interruptions, deficiencies, degradations or delays during any period in w hich LightEdge or its representatives are not afforded access to the premises where access lines associated w ith Serv ice are terminated or LightEdge Equipment is located. - Serv ice interruptions, deficiencies, degradations or delay s during any period w hen a Serv ice Component is remov ed from Serv ice for maintenance, replacement, or rearrangement purposes or for the implementation of a Customer order. - Customer’s election to not release a Serv ice Component for testing and/or repair and to continue using the Serv ice Component. - Force Majeure conditions such as fire, explosion, lightning, power surges or failures, strikes or labor disputes, water, acts of god, the elements, war, civil disturbances, terror, acts of civ il or military authorities, fuel or energy shortages, acts or omissions of suppliers or other causes beyond LightEdge’s control, whether or not similar to the foregoing. - Serv ice interruptions, deficiencies, degradations or delay s during any period w hen a Serv ice Component is remov ed from Serv ice for maintenance, replacement, or rearrangement purposes by Customer staff. - Serv ice interruptions, deficiencies, degradations or delays in Service caused by any piece of equipment, configuration, routing event or technology not under the management and control of LightEdge. - Failure to adhere to LightEdge recommended configurations on unmanaged equipment. In addition, Serv ice SLAs do not apply : - If Customer is entitled to other av ailable credits, compensation or remedies under Customer’s Service Agreement for the same Service interruption, deficiency, degradation or delay . - For Serv ice interruptions, deficiencies, degradations or delays not reported by Customer to LightEdge. - Where Customer reports an SLA failure, but LightEdge does not find any SLA failure - When Serv ice is dependent upon other Service with lower SLA. - If Customer has over 30 day past due balance on any billing or service with LightEdge. - After date of Serv ice contract termination. If Customer elects to use another prov ider or method to restore Serv ice during the period of interruption, Customer must pay the charges for the alternativ e Serv ice used.

SLA Credit Request Process and Limitations. In order to receive receiv e any of the SLA credits (specified herein) for ServiceServ ice, an Authorized Contact must immediately notify LightEdge Technical Support of an occurrence within w ithin the LightEdge Service Serv ice that results in the inability of the Customer to access Service Serv ice (“Service “ Serv ice Outage”” ). A Service Serv ice Outage does not n ot include an outage that occurs during Scheduled Maintenance. LightEdge Technical Support will investigate the reported outage and assign a Trouble Ticket number. Once LightEdge determines that the substantiated Service Serv ice Outage that could qualify Customer for the SLA credit occurred (“Verifiable Trouble Ticket”” ), then Customer may request a Service Credit within 30 days after the event ev ent giving rise to the credit by contacting LightEdge Technical Support and asking for an SLA credit escalation. A Verifiable Trouble Ticket must accompany Customer’s request for any SLA credit regarding the Service Serv ice purchased by Customer. Credits should appear on Customer’s xxxx for the Service within two tw o (2) billing cycles, after such SLA credit SLAcredit has been approved by the LightEdge representative. representativ e. In any calendar year, Customer’s aggregated SLA credits may not exceedex ceed, for any Service, two (2) months’ worth of the monthly Service fee for the affected ServiceServ ice. In any billing month SLA credits may not exceedex ceed, for any ServiceServ ice, fifty (50) percent of the monthly Service Serv ice fee for the affected ServiceServ ice. For purpose of calculating SLA credits, this monthly Service fee shall mean the monthly recurring charge for such Service, but excluding, in all cases, (i) any monthly recurring fees for the Service Serv ice features (e.g., domain name hosting or e-mail Service), (ii) all one-time charges, and (iii) at all times excluding ex cluding the monthly recurring charge attributable to Equipment for such ServiceServ ice. Credits are exclusive ex clusiv e of any applicable taxes tax es or fees charged to the Customer or collected by LightEdge. SLAs dependent on packet size require use of a 64-byte by te packet to determine SLA eligibilityeligibility .