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For purposes of these Global Virtual Link SLAs, the following terms have the meanings set forth below:

1. “Global IP Network Backbone” means NTT owned and operated network infrastructure consisting solely of selected Global IP Network Backbone points of presence at which NTT offers Global Virtual Link service.
2. “Global Virtual Link” means a network communications path consisting of two customer endpoint connections to the Global IP Network Backbone and the Global IP Network Backbone routing infrastructure between the two customer endpoints.
3. “Network Outage” means an instance in which no traffic can pass through Customer’s Global Virtual Link for more than 15 consecutive minutes, as measured by the Global IP Network.
4. “Latency” ” means the average time required for round-trip packet transfers over paths on the Global IP Network Backbone used to provide Customer’s Global Virtual Link service during a calendar month, as measured by the Global IP Network.
5. “Packet Loss” means the average percentage of data packets transmitted over paths on the Global IP Network Backbone used to provide Customer’s Global Virtual Link service during a calendar month that are not successfully delivered, as measured by the Global IP Network.
6. “Average Jitter” means the average variation in delay for packet transfers over paths on the Global IP Network Backbone used to provide Customer’s Global Virtual Link service during a calendar month, as measured by the Global IP Network.
7. “Maximum Jitter” means the maximum variation in delay for packet transfers over paths on the Global IP Network Backbone used to provide Customer’s Global Virtual Link service, as measured by the Global IP Network.
8. “Base Fee” consists solely of the base monthly recurring fee paid by Customer for the affected Global Virtual Link service and excludes all other fees which might be charged to Customer, including, by way of example and not limitation, set-up fees, fees for local loop, fees for excess usage bandwidth charges, or charges for additional services such as managed services.

As described in more detail below, these Global IP Network Global Virtual Link SLAs provide commitments based upon goals in four key areas:

1. Customer’s Global Virtual Link will be available to Customer free of Network Outages 100% of the time.
2. Latency guarantees over the Customer’s Global Virtual Link will be based on the geography of the two Global Virtual Link endpoints as outlined in the “Global Virtual Link Latency” section below.
3. Packet Loss over Customer’s Global Virtual Link of 0.3% or less.
4. Average Jitter over Customer’s Global Virtual Link of 250 microseconds or less; and Maximum Jitter not to exceed 10 milliseconds more than 0.1% of the time.

Global IP Network’s goal is to make the Customer’s Global Virtual Link free of Network Outages 100% of the time. Subject to Sections 9 and 10 below, upon Customer’s request, the Global IP Network will issue a credit to Customer for Network Outages on the Customer’s Global Virtual Link in an amount equal to one day’s worth of the Base Fee paid by Customer, multiplied by each hour (or portion thereof rounded to the next hour) of the cumulative duration of such Network Outage.

Global IP Network’s goal is to keep round trip Latency on Global Virtual Links below those milliseconds numbers as defined in the Global Virtual Link Performance Map Latency Thresholds. To see the SLA for any Global Virtual Link path, please view the map above in section 1. “Application of Global Virtual Link SLA”.  Subject to Sections 9 and 10 below, if Global Virtual Link Latency, as applicable, for a calendar month exceeds the time frame set forth above for the applicable portion of the Global IP Network Backbone, Global IP Network will issue a credit to Customer equal to one day’s worth of the Base Fee paid by Customer for that specific Global Virtual Link for such month. The terms of this Global Virtual Link SLA related to Latency will take effect the first full calendar month after Customer’s first use of the Global Virtual Link service.

Global IP Network’s goal is to keep Packet Loss on Global Virtual Links to 0.3% or less. If Packet Loss on Customer’s Global Virtual Link exceeds 0.3% during a calendar month, Global IP Network will issue a credit to Customer equal to one day’s worth of the Base Fee paid by Customer for that specific Global Virtual Link for such month.The terms of this Global Virtual Link SLA relating to Packet Loss will take effect the first full calendar month after Customer’s first use of the Global Virtual Link service.

Global IP Network’s goal is to keep Average Jitter on Global Virtual Links to 250 microseconds or less; and for Maximum Jitter not to exceed 10 milliseconds more than 0.1% of a calendar month. Subject to Sections 9 and 10 below, if Average Jitter on Customer’s Global Virtual Link exceeds 250 microseconds; or if Maximum Jitter exceeds 10 milliseconds more than 0.1% of a calendar month, Global IP Network will issue a credit to Customer equal to one day’s worth of the Base Fee paid by Customer for that specific Global Virtual Link for such month.The terms of this Global Virtual Link SLA relating to Jitter will take effect the first full calendar month after Customer’s first use of the Global Virtual Link service.

Global IP Network will periodically (on average every 5 minutes) measure the Global Virtual Links using software and hardware components capable of measuring traffic and responses at such POPs that act as Global Virtual Link SLA Measurement POPs. Customer acknowledges that not every POP may be directly measured, and that such measurements may not measure the exact path traversed by Customer’s packets. Global IP Network reserves the right to periodically change the SLA Measurement POPs and methodologies it uses without notice to Customer.

Customer shall not receive any credits under these Global Virtual Link SLAs in connection with any failure or deficiency of the Global IP Network Backbone caused by or associated with:

1. circumstances beyond Global IP Network’s reasonable control, 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 Global Virtual Link SLAs;
2. failure of access circuits to the Global IP Network Backbone, unless such failure is caused solely by Global IP Network;
3. scheduled maintenance and emergency maintenance and upgrades;
4. DNS issues outside the direct control of Global IP Network;
5. false SLA breaches reported as a result of outages or errors of any Global IP Network measurement system;
6. Customer’s acts or omissions (or act or omissions of others engaged or authorized by Customer), including without limitation, any negligence, willful misconduct, or use of the Global IP Network Backbone or Global Virtual Link service in breach of Global IP Network’s Terms and Conditions of Service or Global IP Network’s Acceptable Use Policy;
7. the Customer has continued to be in the state of discontinuance or suspension during applicable calendar month.
   1. In case that Customer is in the state of discontinuance or suspension of Global Virtual Link service at the time the Global IP Network identifies the Network Outage for Availability SLA; or has been in the state of discontinuance or suspension of Global Virtual Link service during applicable calendar month for Latency, Packet Loss, Average Jitter or Maximum Jitter SLA.

In order to receive a credit under these SLAs, Customer must make a request by accessing and following the credit request procedures as informed by our sales or billing representatives. Each request in connection with a Network Outage must be received by the Global IP Network within thirty (30) days of the Network Outage and must be confirmed by Global IP Network measurements of Customer’s VLink. The Global IP Network must receive each request in connection with Latency, Packet Loss, Average Jitter or Maximum Jitter in a calendar month within thirty (30) days after the end of such month.Each valid credit will be applied to an invoice of Customer within two billing cycles after the Global IP Network’s receipt of Customer’s request. Credits are exclusive of any applicable taxes charged to Customer or collected by NTT.

Notwithstanding anything in these VLink SLAs to the contrary, the total amount credited to a Customer in connection with Network Outages, Latency, Jitter and Packet Loss in any calendar month will not exceed the Base Fee paid by Customer for such month.