Service Level Agreement

This agreement is an amendment to the Service Agreement for Netrack customer Internet services. A customer shall be eligible for credit of one day of connection charges (1/30^th of the monthly charge) for each qualified incident described below. Such credits are subject to the maximums and other terms and conditions provided herein.

The “Netrack Backbone” is defined as Netrack owned and operated Internet Protocol (IP) infrastructure. Netrack Backbone includes Netrack equipment at the Points of Presence (POPs) and the facilities that interconnect within and between them. Netrack Backbone does not include the equipment at the customer’s premise nor the telecommunications facilities connecting them to Netrack Backbone. The Netrack Backbone also does not include the telecommunications facilities connecting Netrack to external networks nor network equipment owned and operated by anyone other than Netrack.

A qualified incident is any of the following three conditions:

An “Outage” incident is an occurrence within Netrack Backbone that results in the inability of Netrack Backbone to transmit IP packets on behalf of the customer for a period of time greater than one (1) hour. The duration of an outage is measured from the time the customer opens a trouble ticket to the time the customer is able to transmit and receive data again. All such occurrences in a given calendar day are considered one occurrence.

A “Delay” incident is any calendar day where the average round-trip delay between any two points on Netrack Backbone exceeds 40 milliseconds.

A “Packet Loss” incident is any calendar day where the average percentage of undeliverable packets between any two points on Netrack Backbone exceeds 1%.

Additional terms and conditions:

1. In any calendar month, customer’s credits for each connected site may not exceed five (5) incidents.

2. In any calendar month where the customer experiences more than ten 10 Outage incidents, the customer may cancel their customer service agreement for cause and any termination penalties will be waived.

3. In any calendar year, customer’s aggregated credits may not exceed one month’s connection charge for Netrack services (30 incidents).

4. This agreement does not apply in the event of negligence or acts of omission of the Customer, its employees, contractors, agents, or end users; scheduled periods of maintenance or upgrades; fire, explosion, lightning, power surges or failures, strikes or labor disputes, water, acts of god, the elements, war, civil disturbances, acts of civil or military authorities, fuel or energy shortages; acts or omissions of suppliers or other causes beyond Netrack’s control, whether or not similar to the foregoing.

5. The Customer’s designated technical contact must notify Netrack immediately of a Outage incident. A trouble ticket number will be assigned and technical staff will investigate the report. Credit requests should be sent via email to support@netrack.net or via postal mail to Netrack Inc., PO BOX 17565, Boulder CO 80308-0565. The trouble ticket number must be included with a request for an Outage incident credit. 

6. Eligibility for credit will be at the sole discretion of Netrack. All claims are subject to review and verification by Netrack.

7. Netrack reserves the right to modify or discontinue this service level agreement any time without notice.

8. Credits are exclusive of any applicable taxes.

9. Credits do not apply to charges other than service connection charges, e.g. web hosting, email hosting, IP address allocations, surcharges.