Spectrum Enterprise Service Order v210416 CONFIDENTIAL Page 1 of 3 © 2016-2022 Charter Communications Operating, LLC. All Rights Reserved Created Date: 07/07/2022
SERVICE ORDER
THIS SERVICE ORDER (“Service Order”), is executed and effective upon the date of the signature set forth in the signature block below (“Effective Date”) and is by and between Charter Communications Operating, LLC on behalf of those operating subsidiaries providing the Service(s) hereunder (“Spectrum”) and Customer (as shown below) and is governed by and subject to the Spectrum Enterprise Commercial Terms of Service posted to the Spectrum Enterprise website, https://enterprise.spectrum.com/ (or successor url) or, if applicable, an existing services agreement mutually executed by the parties (each, as appropriate, a “Service Agreement”). Except as specifically modified herein, all other terms and conditions of the Service Agreement shall remain unamended and in full force and effect.
Spectrum Enterprise Contact Information
Contact: Wayne Gilchrist
Telephone: 760-674-5543
Email: [email protected]
Customer Information
Customer Name
CITY OF RIALTO
Order #
13168495
Address
150 S PALM AVE RIALTO CA 92376
Telephone
(909) 421-7219
Email:
[email protected]
Contact Name
Arron Brown
Telephone
(909) 421-7219
Email:
[email protected]
Billing Address
150 S PALM AVE RIALTO CA 92376
NEW AND REVISED SERVICES AT 1411 S Riverside Ave , Rialto CA 92376 Service Description Order Term Quantity
Monthly
Recurring
Charge(s)
Total
Monthly
Recurring
Charge(s)
Fiber Internet 200Mbps 60 Months 1 $ 940.00 $ 940.00
Static IP 1 60 Months 1 $ 0.00 $ 0.00
TOTAL* $940.00
Spectrum Enterprise Service Order v210416 CONFIDENTIAL Page 2 of 3 © 2016-2022 Charter Communications Operating, LLC. All Rights Reserved Created Date: 07/07/2022
1. TOTAL CHARGE(S). Total Monthly Recurring Charges and Total One-Time Charges are due in accordance with the monthly invoice.
2. TAXES. Plus applicable taxes, fees, and surcharges as presented on the respective invoice(s).
3. SPECIAL TERMS.
By signing below, the signatory represents they are duly authorized to execute this Service Order.
CUSTOMER SIGNATURE
\s1\
Signature:_______________________________________________________________________________________ \n1\
Printed Name:____________________________________________________________________________________ \t1\
Title:_____________________________________________________________________________________________ \d1\
Date:______________________________________________________________________________________________
Spectrum Enterprise Service Order v210416 CONFIDENTIAL Page 3 of 3 © 2016-2022 Charter Communications Operating, LLC. All Rights Reserved Created Date: 07/07/2022
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FIASLA.v.171015 Page 1 of 4
©2017 Charter Communications. All Rights Reserved. Not all products, pricing and services are available in all areas. Pricing and actual speeds may vary. Restrictions may apply. Subject to change without notice.
Spectrum Enterprise
Fiber Internet Access Service Level Agreement
This document outlines the Service Level Agreement (“SLA”) for Fiber Internet Access (“FIA”) fiber-based service (the “Service”).
This SLA is a part of, and hereby incorporated by reference into the Spectrum Enterprise Service Agreement (including the terms and conditions, attachments, and Service Orders described therein, the “Agreement”). To the extent any provision of this SLA conflicts with the Agreement, this SLA shall control. All SLA Targets in the table below are measured from Customer’s Service Location to the location where Spectrum Enterprise has local access to the Internet (the Spectrum Enterprise “Point of Presence” or “POP”) at the individual circuit or service level, and any applicable credits are issued only for the affected FIA circ uit or service (the “Affected Service”). Capitalized words used, but not defined herein, shall have the meanings given to them in the Agreement.
I. SLA Targets for FIA Services:
Service
Availability
Mean Time To Restore
(“MTTR”)
Latency / Frame Delay
(Roundtrip)
Jitter / Frame
Delay Variation
Packet Loss
Frame Loss
/
End to End: 99.99% Priority 1 Outages
within 4 hours 45ms <2ms <0.1%
II. Priority Classification:
A “Service Disruption” is defined as an outage, disruption, or severe degradation, other than an Excluded Disruption, that interferes with the ability of a Spectrum Enterprise network hub to: (i) transmit and receive network traffic on Customer’s dedicated access port at the Spectrum Enterprise network hub; or (ii) exchange network traffic with another Spectrum Enterprise network hub. The Service Disruption period begins when Customer reports a Service Disruption using Spectrum Enterprise’s trouble ticketing system by contacting Customer Care, Spectrum Enterprise acknowledges receipt of such trouble ticket, Spectrum Enterprise validates that the Service is affected, and Customer releases the Service for testing. The Service Disruption ends when the affected Service has been restored.
“Service Degradation” means a degradation of the Service that is not a Service Disruption or a result of an Excluded Disruption, such as failure of the Service to achieve the SLA Targets for Latency / Frame Delay, Jitter / Frame Delay Variation, or Packet / Frame Loss.
“Excluded Disruptions” means (i) planned outages, (ii) routine or urgent maintenance, (iii) time when Spectrum Enterprise is unable to gain access to Customer’s Service Location, if necessary, (iv) service issues arising from acts of omissions of Customer or Customer’s representatives or agents, (v) Customer equipment failures, (vi) Customer is not prepared to release the Service for testing, and (vii) Force Majeure Events.
FIASLA.v.171015 Page 2 of 4
©2017 Charter Communications. All Rights Reserved. Not all products, pricing and services are available in all areas. Pricing and actual speeds may vary. Restrictions may apply. Subject to change without notice.
Spectrum Enterprise will classify Service problems as follows:
III. Service Availability
“Service Availability” is calculated as the total number of minutes in a calendar month less the number of minutes that the FIA Service is unavailable du e to a Priority 1 Outage (“Downtime”), divided by the total number of minutes in a calendar month.
The following table contains examples of the percentage of Service Availability translated into minutes of Downtime for the 99.99% Service Availability Target:
Percentage by Days Per Month Total Minutes / Month Downtime Minutes
99.99% for 31 Days 44,640 4.5
99.99% for 30 Days 43,200 4.3
99.99% for 29 Days 41,760 4.2
99.99% for 28 Days 40,320 4
IV. Mean Time to Restore (“MTTR”)
The MTTR measurement for Priority 1 Outages is the average time to restore Priority 1 Outages during a calendar month calculated as the cumulative length of time it takes Spectrum Enterprise to restore an FIA Service following a Priority 1 Outage in a cale ndar month divided by the corresponding number of trouble tickets for Priority 1 Outages opened during the calendar month for the FIA Service.
MTTR per calendar month is calculated as follows:
Cumulative length of time to restore Priority 1 Outage(s) per FIA Service
Total number of Priority 1 Outage trouble tickets per FIA Service
V. Latency / Frame Delay
Latency or Frame Delay is the average roundtrip network delay, measured every 5 minutes during a calendar month, unless measurement is not possible as a result of an Excluded Disruption, to adequately determine a consistent average monthly performance level for frame delay for each FIA Service. The roundtrip delay is expressed in milliseconds (ms).
Priority
Criteria
Priority 1
Each a “Priority 1 Outage”:
Service Disruption resulting in a total loss of Service; or Service Degradation to the point where Customer is unable to use the Service and is prepared to release it for immediate testing
Priority 2 Service Degradation where Customer is able to use the Service and is not prepared to release it for immediate testing.
Priority
3 A service problem that does not impact the Service; or A single non-circuit specific quality of Service inquiry.
FIASLA.v.171015 Page 3 of 4
©2017 Charter Communications. All Rights Reserved. Not all products, pricing and services are available in all areas. Pricing and actual speeds may vary. Restrictions may apply. Subject to change without notice.
Latency is calculated as follows:
Latency/Frame Delay = Sum of the roundtrip delay measurements for an FIA Service Total # of measurements for an FIA Service
VI. Packet Loss / Frame Loss Ratio
Packet Loss or Frame Loss Ratio is defined as the percentage of frames that are not successfully received compared to the total frames that are sent in a calendar month, except where any packet or frame loss is the result of an Excluded Disruption. The percentage calculation is based on frames that are transmitted from a network originat ion point and received at a network destination point.
Packet Loss / Frame Loss Ratio is calculated as follows:
Packet Loss / Frame Loss (%) = 100 (%) –
Frames
Received (%)
VII. Jitter / Frame Delay Variation
Jitter or Frame Delay Variation is defined as the variation in delay for two consecutive frames that are transmitted (one- way) from a network origination point and received at a network destination point. Spectrum Enterprise measures a sample set of frames every 5 minutes during a calendar month, unless measurement is not possible as a result of an Excluded Disruption, and determines the average delay between consecutive frames within each sample set. The monthly Jitter / Frame Delay Variation is calculat ed as the average of all of the frame delay variation measurements during such calendar month and is expressed in milliseconds (ms).
Jitter / Frame Delay Variation is calculated as follows:
Jitter / Frame Delay Variation =
Sum of the Frame Delay Variation measurements for an FIA Service
Total # of measurements for an FIA Service
VIII. Network Maintenance
Maintenance Notice:
Customer understands that from time to time, Spectrum Enterprise will perform network maintenance for network improvements and preventive maintenance. In some cases, Spectrum Enterprise will need to perform urgent network maintenance, which will usually be conducted within the routine maintenance windows. Spectrum Enterprise will use reasonable efforts to provide advance notice of the approximate time, duration, and reason for any urgent maintenance outside of the routine maintenance windows.
Maintenance Windows:
Routine maintenance may be performed Monday – Friday 12 a.m. – 6 a.m. Local Time.
FIASLA.v.171015 Page 4 of 4
©2017 Charter Communications. All Rights Reserved. Not all products, pricing and services are available in all areas. Pricing and actual speeds may vary. Restrictions may apply. Subject to change without notice.
IX. Remedies
Service Credits:
If the actual performance of an FIA Service during any calendar month is less than the SLA Targets and Customer is in compliance with the terms of the Agreement and this SLA, then Customer may request credit equal to the corresponding percentage of monthly recurring charges for the Affected Service as set forth in the table below. Any credit to be applied will be off -set against amounts due from Customer to Spectrum Enterprise in the billing cycle following the date Spectrum Enterprise makes its credit determination. Credit requests must be submitted to Spectrum Enterprise within thirty (30) days of the calendar month in which the SLA Target was missed. Spectrum Enterprise will exercise commercially reasonable efforts to respond to such credit requests within thirty (30) days of receipt thereof.
Service Availability Mean Time To Restore (“MTTR”) Latency / Frame Delay (Roundtrip)
Jitter / Frame Delay
Variation
Packet Loss / Frame Loss
30% > 4 hours ≤ 7:59:59 hours 4% 5% 5% 5%
> 8 hours 10%
All SLA Targets are monthly measurements, and Customer may request only one credit per SLA Target per month for the Affected Service. Should one event impact more than one SLA hereunder, Customer shall receive the single highest of the qualifying credits only. Except as set forth below, the credits described in this SLA shall constitute Customer’s sole and exclusive remedy, and Spectrum Enterprise’s sole and exclusive liability, with respect to any missed SLA Targets. Service Credits hereunder shall not be cumulative per Service.
Chronic Priority 1 Outages:
If Customer experiences and reports three (3) separate Priority 1 Outages where the Downtime exceeds four (4) hours during each Priority 1 Outage within three (3) consecutive calendar months, then Customer may terminate the Affected Service without charge or liability by providing at least thirty (30) days written notice to Spectrum Enterprise; provided, however, that (i) Customer may only terminate the Affected Service; (ii) Customer must exercise its right to terminate the Affected Service by providing written notice to Spectrum Enterprise within thirty (30) days after the event giving rise to Customer’s termination right; (iii) Customer shall have paid Spectrum Enterprise all amounts due at the time of such termination for all Services provided by Spectrum Enterprise pursuant to the Agreement, and (iv) the foregoing termination right provides the sole and exclusive remedy of Customer and the sole and exclusive liability of Spectrum Enterprise for chronic Priority 1 Outages and Customer shall not be eligible for any additional credits. Termination will be effective forty-five (45) days after Spectrum Enterprise’s receipt of such written notice of termination.