MPVEX & MPVISTA SLA

Service Level Agreement

• Metropark Voice Exchange (MPVEX)
• Metropark Vista (MPVISTA)

VoIP Service Level Agreement

Metropark offers the following performance Service Level Agreements (SLAs) for it’s MPVEX and MPVISTA VoIP services covering Jitter, Mean Opinion Score (MOS), Network Availability and Time to Repair (TTR) within the United States. The agreeing parties acknowledge that the terms of this SLA shall be the sole service level agreement applicable to Metropark’s VoIP services, as other “Last Mile” service providers have their own SLAs..

Jitter SLA – 2.0
Also known as delay variation, jitter is defined as the variation or difference in the end-to-end delay between received packets of an IP or packet stream. The VoIP Jitter SLA provides that MPVEX and MPVISTA monthly jitter performance within the Applicable Network will not exceed 2.0 millisecond. Performance is measured by periodically collecting data across the Applicable Network, from which a monthly average is derived. Jitter performance statistics are available for review upon request from Metropark Support.

Mean Opinion Score (MOS) SLA – 4.0
MOS is a measure (score) of the audio fidelity, or clarity, of a voice call. It is a statistical measurement that predicts how the average user would perceive the clarity of each call. The VoIP MOS SLA provides that the Applicable Network performance will not drop below 4.0 where MOS is calculated using the standards-based E-model (ITU-T G.107). Performance is measured by periodically collecting data across the Applicable Working Customer Network, from which a monthly average is derived. MOS performance statistics are available for review upon request from Metropark Support.

VoIP Network Availability SLA – 99.999%
The VoIP Network Availability SLA provides that Metropark’s Applicable Network will be available at least 99.999 percent of the time as measured on a monthly basis by trouble ticket time. The Applicable Network is considered not available for the number of minutes that a trouble ticket shows the Applicable Network was not available to Customer. This VoIP network availability SLA is not applicable to “Last Mile” Internet providers as they have their own SLAs. Customer is responsible for tracking the time via trouble tickets that any portion of the VoIP Service from Metropark is unavailable due to Applicable Network unavailability.

Time to Repair SLA – 4hr
The VoIP Time to Repair (TTR) SLA provides that priority one (PTY 1) tickets will be resolved within 4 hours or less within the United States. PTY 1 Tickets are categorized as a “hard outage” where there is complete loss of VoIP Service or severe service degradation that results in Customer’s inability to receive any inbound calls and/or complete any outbound calls from a given location using MPVEX or MPVISTA VoIP. “Time to Repair” is defined as time taken to restore VoIP Service during a Hard Outage based on helpdesk ticket time. The TTR SLA is not applicable to “Last Mile” Internet providers, however, Metropark Support will be working with other vendors to achieve fastest repair.

Exclusions and Limitations to SLA Applicability
General Exclusions.
The following exclusions apply to all VoIP Service SLAs:

• Force Majeure Events; and
• Metropark network maintenance.

For SLA purposes, “Force Majeure Events” are any events beyond Metropark’s reasonable control, including an Act of God, war, riot, fire, pandemic, explosion, accident, flood, sabotage, inability to obtain fuel or power, inability to obtain goods or services, governmental laws, regulations or orders, or any other cause beyond the reasonable control of such party, or labor trouble, strike, lockout or injunction, whether or not such labor event is within the reasonable control of Metropark.

VoIP Network Availability and TTR SLA Exclusions
In addition to the General Exclusions, the VoIP Network Availability SLA and Time to Repair SLAs do not include time related to unavailability or outages resulting from:

• Customer-ordered third-party circuits;
• Inappropriate VoIP Service configuration change(s) made by or through Customer via the MPVEX or MPVISTA Portals;
• Customer premise equipment including, but not limited to, Customer-provided PBX, black phones, SIP phones, firewalls, router/modem and/or analog/ethernet adapter;
• Acts or omissions of Customer or its users, or any use or user of the Metropark VoIP Service that is authorized by or enabled through Customer but outside the scope of Customer’s VoIP Service; and
• “Customer Time,” which is the time identified on the helpdesk ticket (if any) attributable to, or caused
  by, through no fault of Metropark, the following: (a) incorrect or incomplete contact information provided by Customer which prevents Metropark from completing the trouble diagnosis and VoIP Service restoration; (b) Metropark being denied access to network components at the Customer location when access is required to complete trouble-shooting, repair, diagnosis, or acceptance testing; (c) Customer’s failure or refusal to release the circuit for testing; (d) Customer being unavailable when Metropark calls to close a helpdesk ticket or verify VoIP Service restoration, (e) any other act or omission on the part of Customer; or (f) down-time caused by the Local Exchange Carrier (LEC) or Competitive Local Exchange Carrier (CLEC) for periods where the LEC’s or CLEC’s maintenance support is not available.

Metropark reserves the right to amend any applicable SLA from time to time effective upon posting of the revised SLA where the SLA is set out or other notice to Customer of the change, provided that in the event of any amendment resulting in a material reduction of the SLA’s service levels or credits.

VoIP Service Level Agreement Credit Process

To receive a credit, Customer must submit its written request as set out in the table below within 30 days after end of the month in which the SLA was not met. If Metropark confirms Customer’s request (i.e., that the particular SLA was not met), then Customer shall receive a credit calculated as shown in the table below. No credits will be given with respect to VoIP Service not affected by the SLA.