Service Level Guarantee

By use of our services you are acknowledging and accepting this Service Level Agreement. Please note that the terms and conditions below were revised September 15 2012.

The following SLA Terms and Conditions apply only to Customers agreeing to a Minimum Service Period of one calendar quarter (3 Months) or more for one of Lexi.com Ltd (Lexi.net) dedicated Network access services and only in respect of the provision of such services during such period. To activate the SLA for one of the above services, eligible Customers must register for the SLA with Lexi.net Ltd..

NETWORK QUALITY

Network Latency Guarantees

North American Network Latency Guarantee Scope: Lexi.net’s North American Network Latency Guarantee is average round-trip transmissions of 65 milliseconds or less between Lexi.net-designated interregional transit backbone network routers (“Hub Routers”) in North America.

European Network Latency Guarantee Scope: Lexi.net’s European Network Latency Guarantee is average round-trip transmissions of 65 milliseconds or less between Lexi.net-designated Hub Routers within Europe.

Transatlantic Network Latency Guarantee Scope: Lexi.net’s Transatlantic Network Latency Guarantee is average round-trip transmissions of 120 milliseconds or less between a Lexi.net-designated Hub Router in the New York metropolitan area and a Lexi.net-designated Hub Router in the London metropolitan area.

Network Latency Guarantee Process: Latency shall be measured by averaging sample measurements taken during a calendar month between Hub Routers. Each month’s Network performance statistics relating to the Network Latency Guarantees shall be posted at http://www.wcom.ca/network/latency. No credits will be made if failure to meet a Network Latency Guarantee is attributable to reasons of Force Majeure.

Network Latency Guarantee Remedy: If Lexi.net fails to meet any Network Latency Guarantee in a calendar month, Customer’s account shall be automatically credited for that month and any subsequent month in which that Network Latency Guarantee is not met for the pro-rated charges for one day of the Lexi.net Monthly Fee for the service with respect to which a Latency Guarantee has not been met.

Network Packet Delivery Guarantee

North American Network Packet Delivery Guarantee Scope: Lexi.net’s North American Network Packet Delivery Guarantee is an average of 99% packet delivery or more between Lexi.net-designated inter-regional transit backbone network routers (“Hub Routers”) in North America.

European Network Packet Delivery Guarantee Scope: Lexi.net’s European Network Packet Delivery Guarantee is an average of 99% packet delivery or more between Lexi.net-designated Hub Routers within Europe.

Transatlantic Network Packet Delivery Guarantee Scope: Lexi.net’s Transatlantic Network Packet Delivery Guarantee is an average of 99% packet delivery or more between a Lexi.net-designated Hub Router in the New York metropolitan area and a Lexi.net-designated Hub Router in the London metropolitan area.

Network Packet Delivery Guarantee Process: Packet Loss s hall be measured by averaging sample measurements taken during a calendar month between Hub Routers. No credits will be made if failure to meet a Network Packet Delivery Guarantee is attributable to reasons of Force Majeure.

Network Packet Delivery Guarantee Remedy: If Lexi.net fails to meet any Network Packet Delivery Guarantee in a calendar month, Customer’s account shall be automatically credited for that month and any subsequent month in which that Network Packet Delivery Guarantee is not met for the pro-rated charges for one day of the Lexi.net Monthly Fee for the service with respect to which a Network Packet Delivery Guarantee has not been met.

SERVICE QUALITY

Service Availability Guarantee

Service Availability Guarantee Scope: Lexi.net’s Service Availability Guarantee is to have the Lexi.net Network available 99.75% of the time.

Scheduled Maintenance Scope: Scheduled Maintenance shall mean any maintenance at the Lexi.net hub to which Customer’s circuit is connected (a) in respect of which Customer shall be notified a minimum of 48 hours in advance, and (b) that is performed during a standard maintenance window on Tuesdays and Thursdays from 3 AM to 7 AM local time of the Lexi.net hub to which Customer’s circuit is connected. Notice of Scheduled Maintenance will be provided to Customer’s designated point of contact by a method elected by Lexi.net (telephone, email, or fax).

Service Availability Guarantee Process: At Customer’s request, Lexi.net will calculate Customer’s “Network Unavailability” in a calendar month. “Network Unavailability” consists of the number of minutes that the Lexi.net was not available to Customer, and includes unavailability associated with any maintenance at the Lexi.net hub to which Customer’s circuit is connected other than Scheduled Maintenance. Outages will be counted as Network Unavailability only if Lexi.net notifies Customer of the outage in accordance with the Outage Reporting Guarantee set forth below or if Customer opens a trouble ticket with Lexi.net customer support within five days of the outage. Network unavailability will not include Scheduled Maintenance, or any unavailability resulting from (a) any Customer-ordered telephone company circuits, (b) Customer’s applications, equipment, or facilities, (c) acts or omissions of Customer, or any use or user of the service authorized by Customer or (d) reasons of Force Majeure.

Service Availability Guarantee Remedy: For each cumulative hour of Network Unavailability or fraction thereof in any calendar month, at Customer’s request Customer’s account shall be credited for the pro-rated charges for one day of the Lexi.net Monthly Fee and one day’s telephone company line charges for the service with respect to which a Service Availability Guarantee has not been met.

The Service Level Agreement (“SLA”) for this service, applies only to customers agreeing to a Term Commitment of at least one calendar quarter (3 Months). Lexi.net reserves the right to amend the SLA from time to time effective upon posting of the revised SLA to Customer; provided, that in the event of any amendment resulting in a material reduction of the SLA’s service levels or credits, Customer may terminate this Agreement without penalty by providing Lexi.net written notice of termination during the 30 days following notice of such amendment. The SLA sets forth Customer’s sole remedies for any claim relating to this service or the Lexi.net Network, including any failure to meet any guarantee set forth in the SLA. Lexi.net’s records and data shall be the basis for all SLA calculations and determinations. Notwithstanding anything to the contrary, the maximum amount of credit in any calendar month under the SLA shall not exceed the Monthly Fee and/or Startup charge which, absent the credit, would have been charged for Lexi.net service that month (collectively the “Lexi.net Fees”).