SERVICE LEVEL AGREEMENT ( SLA ) FOR NETROMEDIA STREAMING SERVICES

GENERAL PROVISIONS

1. In these agreements, "you" and "your" refer to each NetroMedia customer and their representative agents including each person listed in NetroMedia Streaming Services Ltd. customer account information as being associated with your account, and "we", "us", "our" and "NetroMedia" refer collectively to NetroMedia Streaming Services Ltd.


2. NetroMedia is committed to the supply of a high quality streaming services for their clients.


3. This document describes the NetroMedia service level commitment to you, our customers. This Service Level Agreement (SLA) is applicable to all NetroMedia streaming services clients not otherwise obligated under contract to NetroMedia or unless stated otherwise within service relationship collateral or contract.

1. Definitions and Scope

1. ‘End Customer’ is the NetroMedia customer using the streaming service.


2. ‘Service Provider’ is NetroMedia, responsible for the streaming service sales, support and business relationship with the Customer.


3. ‘Platinum Level Support’ is a type of support provided by the Service Provider to the End User.

2. Objective

1. NetroMedia business is committed to providing superior streaming content delivery performance and the highest quality of care for our clients. Our goal is to provide a Service Level Agreement that exceeds industry standards while providing our clients with superior service.

3. Supply of Service

1. 99.9973% UPTIME GUARANTEE. The 99.9973% Uptime Guarantee applies to all managed and unmanaged streams within the NetroMedia streaming CDN (Content delivery Network) or CDM (content delivery matrix).


2. If there are any overdue payments for dedicated server products or services listed on your account at the time of the downtime, the guarantee is null and void.


3. The guarantee does not include outages caused by scheduled maintenance. The guarantee is valid during the initial 12-month contract.


4. If the 12-month contract is renewed, the guarantee will continue for a further 12 months.


5. The Guarantee does not apply to any contracts not fulfilled to 12 months. This guarantee applies to network and hardware uptime as specified below.


6. The Guarantee applies only to the bandwidth used to supply or deliver content contained within streaming distribution service.

4. Services

1. This Service Level Agreement applies to streaming services provided by NetroMedia.
   
   
   
   1. Specific administration, reporting, or other management systems and services are not covered under this service level agreement and are subject to specific or individual service level agreement policies.
   
   
   2. This Service Level Agreement does not cover any lost revenues to businesses operating with the NetroMedia service.
   
   
   
   


2. Service Availability
   
   
   
   1. Service Availability is defined as the percentage of time each service is available to the Client during the course of a Month. The service availability is calculated in accordance with the following formula:
      
      
      
      1. Service Availability for the period x 100 = Total Minutes for the period less Downtime
      
      
      2. Availability is measured at the point (Service Delivery Point) where the broadband provider interfaces with the NetroMedia CDN (or CDM - Content Delivery Matrix) router through which the Streaming Services are provided, irrespective of whether the router is located at the NetroMedia CDN (CDM - Content Delivery Matrix) data centre or on the premises of the NetroMedia data center
      
      
      3. Service Availability is determined primarily through the NetroMedia CDN (CDM - Content Delivery Matrix) monitoring and the NetroMedia online support center user interface. This system creates and logs cases and issues case responses when a client notifies the support center. However, where the client has a contract for live stream monitoring; service availability is determined when an incident is reported to the client.
      
      
      4. Downtime means any interruption to availability of Services, but excludes interruptions resulting from planned outages for scheduled maintenance, network outages caused by other carriers, user side – commonly known as “last mile” issues, loss of source stream from client side servers or other equipment malfunction.
      
      
      
      
   
   
   
   


3. Service Unavailability (Total hours per month within coverage window)
   
   Unavailable Hours is the total number of hours that the service is unavailable due to issues with the network except for programmed outages.


4. Planned Service Outages
   
   
   
   1. NetroMedia will use best efforts to provide 5 working day notification of any scheduled or planned service outage (“Planned Service Outages”) to affected End Customers. Where practicable, Planned Service Outages will occur between 2 am and 4 am, Tuesday and Thursday only, GMT/UTC time.
   
   
   2. NetroMedia will notify all affected End Customers via e-mail. The e-mail will include the details of the Planned Service Outage
   
   
   
   


5. Major Outages – no major outages are an element of our system maintenance program. See communications this SLA


6. Minor Outages – from time to time there is a need to conduct maintenance or service on the NetroMedia streaming matrix. The design of the matrix is such that these service and maintenance issues should not affect large groups of clients.
   
   
   
   1. Minor outages may be required for individual client to deal with distinct specific service issues.
   
   
   
   


7. NetroMedia’s suppliers may plan a service outage to conduct necessary maintenance and upgrade to its network. Planned Service Outages may also originate from 3rd party carriers who are providing services to NetroMedia.


8. NetroMedia will notify all affected End Customers via e-mail. The e-mail will include the details of the Planned Service Outage


9. Service Outages (emergency)
   
   
   
   1. In circumstances where an emergency service interruption is required, NetroMedia reserves the right to undertake the service interruption without notice. In such cases NetroMedia will use its best efforts to notify the End Customers prior to any service interruption.
   
   
   2. Notification via the email and may be used in case of an emergency service interruption.
   
   
   
   


10. Chargeable Activities -  Miscellaneous Service Charges apply where NetroMedia investigates a case and determines a fault, or claim for credit is attributable to:
    
    
    
    1. equipment on the network of a third party; or
    
    
    2. the fault is attributable to the act or omission of a third party
    
    
    3. In these circumstances NetroMedia may charge the client for investigating and/or rectifying the fault using non standard Service Charges.
    
    
    4. Non Standard Service Charges also apply where a client who has not entered into a Streaming Services Agreement Support Contract requests off Business Hours support.
    
    
    
    

4. Network Uptime

1. 99.9973% UPTIME GUARANTEE The 99.9973% Uptime Guarantee applies to all managed and unmanaged streams within the NetroMedia CDN (CDM - content delivery matrix).


2. If there are any overdue payments for dedicated server products or services listed on your account at the time of the downtime, the guarantee is null and void.


3. The guarantee does not include outages caused by scheduled maintenance. The guarantee is valid during the initial 12-month contract.


4. If the 12-month contract is renewed, the guarantee will continue for a further 12 months.


5. The Guarantee does not apply to any contracts not fulfilled to 12 months.

5. Hardware Uptime

1. 99.9973% UPTIME GUARANTEE The 99.9973% Uptime Guarantee applies to all managed and unmanaged streams within the NetroMedia CDM (content delivery matrix).


2. If there are any overdue payments for dedicated server products or services listed on your account at the time of the downtime, the guarantee is null and void.


3. The guarantee does not include outages caused by scheduled maintenance. The guarantee is valid during the initial 12-month contract.


4. If the 12-month contract is renewed, the guarantee will continue for a further 12 months.


5. The Guarantee does not apply to any contracts not fulfilled to 12 months.

6. Streaming Service Hours Of Operation (PST) Applicable services

1. Business Hours Monday to Friday: 9:00am to 5:00pm, excluding some National Public Holidays
   

    

   
   

7. Communications (Fault reports, Proactive and Reactive reporting Applicable services only)

1. Response Time’ is the time from when NetroMedia receives a Fault Call/case from the End Customer to the time in which the streaming service is ready to use by the End Customer, regardless of the conditions of the fault found or to the time that we provide a status advice to the End Customer with an indication of the nature of the fault and estimated time to restore service.


2. Coverage Window’ refers to the NetroMedia hours of operation for service response and restoration activity.


3. Initial Outage Advice: is the notice of NetroMedia being aware of the beginning of the outage and typically prior to diagnostic and further information is available. This notice will advise of the existence of the outage and is sent prior to further information being available.


4. Progress Advice: an Initial Progress Advice notice will be sent within 1 hour after the beginning of the outage. Subsequent notices may be sent every 1 hour thereafter until the service is restored.
   
   
   
   1. Details will include estimated restoration time and the nature of the fault when available.
   
   
   
   


5. Close Off: advice that the service is restored will be sent as soon as service restoration is complete.
   
   
   
   1. The process for notifying End Customers of Planned Service Outages may be all or one of the following:
      
      
      
      1. Email
      
      
      2. SMS
      
      
      3. Phone
      
      
      4. IM Text
      
      
      
      
   
   
   
   

8. Fault Report Communications

In the event of a fault report, NetroMedia will communicate with the End Customer as follows:

1. Pro-active Outage Notifications - Major Outages
   
   
   
   1. In the event that a network outage should occur with the potential to impact multiple End Customers, NetroMedia will pro-actively communicate to End Customers with SMS, e-mail, phone call or IM text  of key contact person as listed in our client services system.
   
   
   
   


2. Pro-active Outage Notifications - Minor Outages
   
   
   
   1. In the event that a network outage should occur with the potential to impact an End Customer, NetroMedia will pro-actively communicate to the End Customers with an e-mail message to the primary account contact person as listed in our client services system.
   
   
   
   


3. General Fault conditions (all services)
   
   
   
   1. Receive Fault: by telephone from the Client. NetroMedia support center will provide a case reference number on request.
   
   
   2. Receive Fault: by email from the Client. NetroMedia support center will provide a case reference number on request
   
   
   3. Receive Fault: by case creation through Online NetroMedia support services from the Client. NetroMedia support center will provide a case reference number on request
   
   
   4. Response: by email within appropriate Response Time and Coverage Window.
   
   
   5. Progress Advice: by email within appropriate Restoration Time and Coverage Window.
   
   
   6. Close Off: Business will contact the Client by email upon restoring service to confirm that the service is operating satisfactorily.
   
   
   
   

9. Restoration Time

a. “Restoration time” is the time taken from when NetroMedia acknowledges a Fault Case from the End Customer, to the time the service is restored.

10. Fault Report

1. Faults with the Service can be reported to NetroMedia’s streaming service support center 24 hours per day, 7 days per week.


2. NetroMedia’s can receive fault reports by phone (888.818.3846) from the End Customer however these may take up to 24 hours to be received as a notice.


3. NetroMedia’s can receive fault reports by client login Support Case page. This will generate a case with matching log fault report and provide a case/fault reference number. Response to fault reporting is within the applicable coverage window, and is in accordance with communications sections of this SLA.

11. Credits

1. If we fail to achieve 99.9973% uptime, you may make a claim for credit.


2. Monthly Uptime Credit:
   
   
   
   1. Up to and including 12 hours 10%
   
   
   2. More than 12 hours and up to and including 72 hours 15%
   
   
   3. Over 72 hours 25%
   
   
   
   


3. You may make multiple claims in a given month for different periods of downtime up to a maximum credit of 50% of your monthly payment for the specific service.


4. For the purpose of claiming credit, downtime officially starts from the time a support case is created or a Fault Notice is received notifying us of the downtime.


5. Claims Procedure
   
   
   
   1. A claim must be made through the NetroMedia online service case support portal.
   
   
   2. A voicemail may be used as reference only and must state the Fault Notice case number.
   
   
   3. Generic emails do not apply.
   
   
   4. An email to a specific client service representative may be used as a reference only.
   
   
   5. a client service representative may make a fault notice on your behalf and the time stamp of this fault case can be considered as receipt of a fault notice
   
   
   
   

12. Applicability

1. Please note that this Service Level Agreement does NOT apply to all contracts for Services entered into with NetroMedia


2. This Service Level Agreement does NOT supersede any other Services Level Agreement


3. This Service Level Agreement, where no other service level agreement supersedes it, is part of NetroMedia's Terms and Conditions of Service.

13. General

1. Amendment of Agreement. NetroMedia may amend this Agreement from time to time on an as-needed basis by placing an update of this Agreement on-line at NetroMedia's web site at this location or at any other location designated at said site. Any changes to this Agreement take effect upon the renewal date of the Agreement. Therefore, it is Customer's responsibility to monitor this Agreement online. If Customer does not agree with the terms and conditions of NetroMedia, Customer must immediately cease the use of NetroMedia's service.

If you have questions or comments, you can contact us at legal@netromedia.com or FAX (250) 477-5141. We can also be reached at: NetroMedia Streaming 765 Market Street Victoria, British Columbia V8T 1Z4, Canada

END OF TERMS