Reflected Networks

Network Availability Guarantee

Reflected Networks' Service Level Agreement declares that the Network will be available 100% of the time. If Reflected Networks (ÒReflectedÓ) fails to meet this SLA during any given calendar month, Customer's account will be credited.

Upon Customer's request, Reflected will issue a credit to Customer for Network Outages in an amount equal to one day's worth of the Monthly Fee paid by Customer, multiplied by each hour (or portion thereof rounded to the next hour) of the cumulative duration of such Network Outages during a particular month.

Definitions

1. "Network" means the Reflected owned and operated networking equipment consisting solely of selected Reflected points of presence at which Reflected has installed devices that are used to connect the Reflected network to the internet.
   
    

2. "Network Outage" means a period of time that the Reflected Network was not available to deliver content to the internet for two (2) or more consecutive monitoring periods.
   
    

3. "Monthly Fee" consists solely of the base monthly fee paid by Customer for the affected Reflected service.

Exceptions

Customer shall not receive any credits under these SLAs in connection with any failure or deficiency caused by or associated with:

• Circumstances beyond Reflected's reasonable control ("Force Majeure"), including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Reflected Networks SLAs;
   

• Failure of access circuits to the Reflected network, unless such failure is caused solely by Reflected;
  




• Scheduled maintenance




• False SLA breaches reported as a result of outages or errors of any SLA measurement system; or
   

• Acts or omissions of Customer (or user of Customer's services), including without limitation, any negligence, willful misconduct, or breach of Reflected's Acceptable Use Policy.

Credit Request and Payment Procedures

• Each request in connection with a Network Outage must be received by Reflected within thirty (30) days of the date the SLA was not met.
   

• Each valid credit will be applied to an invoice of Customer no later than two billing cycles after Reflected's receipt and verification of Customer's request. Credits are exclusive of any applicable taxes, duties, fees, or surcharges imposed by any controlling taxing authority.
   

• The total amount credited to Customer shall not exceed the Monthly Fee paid by Customer for such month.