Consolidated Technologies Inc. (CTI)
ClearPath Product Service Level Agreement

ClearPath Products Service Level Agreement

The following SLA represents Company’s sole responsibility and the Customer's sole remedy related to CTI’s ClearPath MVP Service for voice and data service availability.

DEFINITIONS

Customer shall mean a CTI customer who has executed a Service Agreement for Company’s ClearPath Network Service, excluding any Customer whose account is, or at the time of the report was, not in good financial standing with Company, or is in breach of the terms and conditions of Company’s Service Agreement.

The terms of this SLA take effect immediately upon the cutover and final payment by Customer or lease acceptance of the installation. Customer is eligible to receive monthly service credits (“Credits”) in the event of Company’s failure to meet its service commitments for the month, regardless of when the Customer's Service was activated during that month. In the month when a Customer's Service is terminated, the Customer is not eligible to receive credits for the Company’s not meeting its service commitments for that month.

Monthly Service Charge is the monthly recurring service charge (“Service Charge”) paid by Customer for Service, which includes charges for network services, user licenses, and other service charges.

NETWORK MAINTENANCE

Scheduled Network Maintenance refers to normal maintenance scheduled for the repair or upgrade of Company’s data network, voice network, and servers used to deliver Company’s Services to the Customer. Scheduled maintenance may temporarily impact or downgrade the quality of service and cause possible temporary outages. Company will notify Customers in advance of any scheduled network maintenance and endeavor to keep outages to a minimum. Any Service outage experienced by Customer during scheduled network maintenance shall not qualify for the Credits outlined in this SLA.

Emergency Network Maintenance refers to Company’s efforts to make emergency repairs or take corrective action to network conditions that are causing or in the company’s sole opinion are likely to cause a Service outage to a single or multiple customers. Emergency Maintenance may degrade the overall quality of service and may include temporary Service outages. Prior to performing this maintenance, Company will provide as much notice as possible to the Customer and endeavor to keep any outages to a minimum. Any impact experienced by Customer during Emergency Network Maintenance shall not qualify for any Credits outlined in this SLA.

SERVICE LEVEL GUARANTEE: CTI T1 or Greater
When the Service is provisioned at a Customer location over a CTI provided broadband connection using a T1 or larger capacity data circuit, a Credit will be given for interruptions in service which lasts in excess of 30 minutes. The time counted toward a Service outage begins when a trouble ticket is reported to CTI by the Customer and ends when the affected service is once again working.

Length of Interruption Credit Per User Affected

30 minutes to 4 hours	1 day
Over 4 hours to 24 hours	2 days
24 hours or more	5 days

The Service Level Guarantee is subject to the following limitations:

Service at any location other than locations using Company provided T1 circuits or greater are excluded from this SLA. 

No credit will be allowed for an interruption in service due to any of the following:

A.	Power outage to the equipment at the Customer’s premise
B.	Any equipment, services, or systems not provided by Company
C.	Force Majeure, Acts of God, or actions due to circumstances beyond the Company’s reasonable control
D.	Restricted access to the Company’s premises or Customer’s premises for purposes of investigating, troubleshooting, and resolving a service interruption
E.	Customer’s noncompliance or negligence of the provisions of the Company’s Service Agreement, including its payment terms
F.	Failure of any Company or Customer hardware or software installed on the Customer’s premises.

GENERAL

CREDIT AND PAYMENT PROCEDURE
To remain eligible for the Service Level Guarantee, Customer must contact Company and open a trouble ticket at the time of trouble. Company will apply any approved Credits to the Customer's invoice within two (2) billing cycles.

Credits are applied based on the Company’s failure to meet its Service Level Guarantees as described in this SLA. The total combined Credits applied to the Customer's Service will not exceed the Service Charge billed to the Customer in any calendar month.

For purposes of calculating Credits, one (1) day credit of the Company’s Service is equal to 1/30 of the monthly User License charge for Service at the time of the outage for all users adversely affected.

The Customer must pay its entire service bill, and shall not offset any credit it would anticipate receiving from Company.Customer shall cooperate with Company to gather information,which may result in a Credit to be due to Customer. To receive a Credit, Customer must be in good financial standing with Company and must be in full compliance with the terms and conditions of its Service agreement. Customer's failure to comply with the terms and conditions including slow, late or non-payment of monthly Service charges will invalidate all Service Level Guarantees.

Any Credits applied to Customer’s bill will be assessed in accordance with this SLA and at the sole discretion of Company. Any Credits provided in conjunction with this SLA will represent Company’s sole responsibility and the Customer's sole remedy related to Service Guarantees.

CHANGES TO THE SERVICE LEVEL AGREEMENT

The Company reserves its right to modify, amend, change or revise its SLA at any time. Such changes, modifications, amendments, or revisions to the SLA will be posted on Company’s website and shall take effect upon such posting.