TINET SERVICE LEVEL AGREEMENT

ONLY FOR IP TRANSIT & MPLS SERVICES PROVIDED by TINET as referred to in Customer Order form

This Service Level Agreement (“SLA”) sets forth the service level objectives that TINET (“Tinet“) has

determined with respect to the quality parameters of the Services provided by Tinet to the customer

(“Customer“) as defined in the Customer Order Form (“COF”) and Services Terms and Conditions

(“Services T&Cs”) accompanying this SLA (hereinafter collectively together with the SLA referred to as

the “Agreement”).

All terms defined in the COF and Services T&Cs accompanying this SLA shall have the same meaning

where referred to in this SLA. This SLA shall apply only to those customers of iBandwidth who are

connected to Tinet’s network via a dedicated connection. These objectives shall not result in any

additional liability to iBandwidth beyond the remedies or recourse expressly set forth in this SLA and the

Customer expressly understands and agrees that the remedies set forth in this SLA shall be the sole and

exclusive recourse and/or remedy with respect to any claim in any way related to or arising from any

delay, outage, degradation or noncompliance of the Service.

This SLA specifies the Service performance parameters and objectives to which Tinet aspires and the

sole and exclusive remedies arising from Tinet's failure to meet these objectives. The terms of this SLA

are understood to supplement the Services T&Cs and the COF and in the event of any inconsistency or

ambiguity between these documents such inconsistency or ambiguity shall be resolved pursuant to the

order of precedence defined in the Services T&Cs.

“Availability” is defined as a percentage of the total measurement time minus the unavailable time

Total time – Total Unavailable time * 100

“Unavailable time” : consists of the number of minutes that Tinet's network is unavailable. The

network is considered unavailable when an unscheduled Maintenance or an outage prevents Tinet

from providing the Customer with the ordered Service. This excludes any Service outage defined within

section 8 of this SLA.

In case iBandwidth delivers a given Service over multiple ports, the Service is considered unavailable

only if Tinet network is unavailable through all Customer ports

The “Backbone” is defined as those connections running between international hubs on Tinet’s

whollyowned private network. “tinet” shall refer to Tinet SPA (tinet.net) also known as Inteliqent who

provide the actual services in the Customer Order form listed under the Provider “tinet”.

“RFS Date” or “Ready For Service Date” shall be as defined in the Services T&Cs.

“Third Party Service(s)” refer either to the third party circuit(s) (e.g. leased line(s)) that connect the

Customer premises to Tinet’s network or any Managed Telecoms services (e.g. rack co-location, on-site

support services) purchased by Tinet in order to serve as a one-stop shop for the Customer.

“Scheduled Maintenance” refers to any maintenance work planned by Tinet with prior notification

to the customer, on its network (or portion thereof) to which Customer’s router is connected to and is

performed during a standard maintenance window from 2:00am to 6:00am (local time in the region).

1. Tinet’s backbone network availability objective is 100%.

2. Should Customer experience Service unavailability below 100% in a given month, it shall be entitled to

request a Service credit of 1.1 days for each cumulative hour of network unavailability as per the

following examples

Total service unavailability: 1 hour – 1.1 days of service credit

Total service unavailability: 3 hours – 3.3 days of service credit

Total service unavailability: 5 hours – 5.5 days of service credit

The service credit applies to the contracted Service Fee for the affected month.

3. Tinet’s regularly measured packet loss within its backbone nodes shall not exceed, on average the

0.1% figure.

4. Should this packet loss level be exceeded for one week during a given month iBandwidth shall credit

Customer two percent (2%) of the Service Fees for the affected month.

5. It is the objective of iBandwidth to implement and deliver the Service to the Customer within no more

than ten (25) business days from: i) acceptance of the Third Party Services installation, ii) written

acceptance of the COF by Tinet, or iii) the Requested RFS Date in the COF, whichever is the latest. The

Service will be deemed by Tinet to be ready for service upon the successful completion of the Service

Compliance Test or as otherwise provided for in the Agreement.

6. In the event that iBandwidth should exceed the foregoing installation completion objective Customer

shall be entitled to claim a percentage of the pre-contracted Service installation charge in the COF on

the basis of the following table, up to a maximum of 100% of the applicable Service installation fee

relating to the affected Tinet port:

7. The commissioning period will begin when the Third Party provider has provisioned its service on both

ends (Customer and TinetPoP).

8. The RFS period referenced in section 5 may be extended for any or both of the following reasons:

a. Any delay, outage, or non-compliance related to the Third Party Service or facility components of the

Service for reasons beyond iBandwidth control

b. Installation of Customer’s CPE or of any item on the customer's side such as cabling, racks, power, etc.

is delayed for reasons beyond iBandwidth’s sole control.

9. iBandwidth Support team or Tinet’s Network Operation Centre (NOC) will inform Customer of any

general systems outage that may have affected the Customer Service within ninety (90) minutes its of

first awareness of the above mentioned outage. iBandwidth or Tinet will make reasonable attempts to

notify and inform the Customer by submitting such notification via the telephone or e-mail details

listed in the Agreement. To facilitate such notification, it is Customer’s responsibility to ensure that

iBandwidth have any and all updated contact information for Customer, namely all telephone and fax

numbers and e-mail addresses, for all Customer notifications regarding disruption of Service.

Mean Time to Repair (MTTR) Objective

10. iBandwidth will commit to the industry standard MTTR of four (4) hours or under for any outage

effecting its network. Any downtime against MTTR will be counted towards service unavailability and

service credits will be applicable as per Service Availability Objectives.

11. The Round Trip Time objectives Tinet commits to deliver on each route, on average, are indicated in

following

These figures are measured by averaging sample tests made every thirty minutes during a calendar

monthbetween two defined backbone routers.

12. Should the round-trip packet delay time be exceeded for one week during a given month,

iBandwidth shall credit Customer two percent (2%) of the Service Fees for the affected month.

13. It may occasionally be necessary for Tinet to carry out essential maintenance or network upgrades.

Scheduled Maintenance shall generally occur no more than five (5) times in any given calendar

month, and is generally performed between 02.00 and 06.00 a.m, local time in the region where the

Service is located and/or performed. Tinet will use commercially reasonable efforts to keep Scheduled

Maintenance to a minimum, and assure the availability of its Backbone.

14. Except in an emergency, or a Force Majeure Event, iBandwidth and Customer will use commercially

reasonable efforts to apply the following procedures with respect to Scheduled Maintenance:

a. iBandwidth or Tinet will provide Customer with at least five (3) business days’ notice of any planned

work that will affect the availability of Service except in case of emergency maintenance work on the

network.

b. Customer will confirm to Tinet directly within two (2) business days that the Scheduled Maintenance

proposals are acceptable. The absence of response from the Customer shall be deemed as

acceptance.

c. Where possible iBandwidth or Tinet will provide Customer with Scheduled Maintenance proposals

and confirmation details should be exchanged by e-mail telephone as provided in the Agreement.

d. Where feasible and possible Tinet will make temporary alternative arrangements during a Scheduled

Maintenance to avoid a break in the Customer Service.

e. iBandwidth will give notice of Scheduled Maintenance to the named contacts of the Customer defined

in the Agreement.

f. Customer shall use commercially reasonable efforts to give iBandwidth advance notice of any event

of which Customer is aware at its end.

15. Unavailable time shall exclude periods when Service outages arise from, or are otherwise indirectly

caused by:

a. Service outage periods due to any cause other than faults in the Tinet network, including faults or

negligence of the Customer or problems associated with equipment connected on the Customer's side

of the Tinet Service delivery point,

b. In case that the Customer’s premises equipment impacts or otherwise causes alterations of the

quality of the Service or malfunctioning in the network, Tinet will proceed to disconnect the link, for the

benefit of the rest of other users of the network and such disconnection will not be the basis for any

Service credit under the SLA.iBandwidth will notify the Customer as soon as possible in such event in

order to allow Customer to repair or address the problems,

c. Outage periods reported by the Customer in which no fault is observed or confirmed by iBandwidth,

d. Any fault period during which Service is suspended pursuant to the terms of the Agreement,

e. Downtime when Tinet technical staff cannot have access to the Customer facilities, premises,

or equipment when requested by Tinet for the purpose of investigating the problem and restoring

the Service including those cases where the Service includes the management of equipment on the

Customer site by Tinet,

f. The Customer requests iBandwidth to test the Customer connection although no fault has been

detected and/or reported by Tinet,

g. The Customer requests iBandwidth to upgrade the capacity of the Service, if this operation results

in an outage. Such an upgrade is subject to a new Order signed by the Parties who will have agreed in

advance the operation date of such an upgrade.

a. During Scheduled Maintenance affecting the Service as defined under Service Maintenance

Objectives,

b. For any use made by the Customer of a transmission capacity prior to the RFS Date.

c. On a Third Party Service used by the Customer to access Tinet's network, regardless if

provisioned through iBandwidth in the name of Customer.

d. Performance degradations and Service loss due to Denial Of Service attacks or other unlawful attacks

generated inside the Customer's network or executed against users inside the Customer's network or

the Customer network infrastructure, will be excluded from SLA calculation as it is within the Customer's

responsibility to put in place the relevant protection mechanisms inside its network to protect itself and

its customers.

e. Nevertheless Tinet is available to support Customer by implementing appropriate measures on

Tinet’s network, such as limiting ICMP bandwidth, rate limiting over Customers’ ports, implementing

filters, or black-holing routes.

f. In case of service disruption due to a Force Majeure event as defined in this Layer

Green’s Terms & Conditions applicable to the service order Third Party Services

17. In case one or more Services are provided by Tinet as part of the contract through Third Party

providers, the SLA applicable to the service provided by the Third Party provider, will be the Third Party

provider own SLA. Customer can request a copy of Third Party providers’ SLAs.

These SLAs will supersede the iBandwidth and tinet’s SLA with respect to the Third Party Services

provided. iBandwidth will credit the Customer with the relevant credit upon request of Customer

following credit of compensation to Tinet by the Third Party provider.

18. Customer acknowledges and agrees that the objectives set forth in this SLA do not constitute

guarantees, commitments, or warranties of any kind whatsoever under applicable law and Customer

shall not receive or be entitled to any further remedy or compensation for any Service outage, delay, or

non-compliance beyond that expressly set forth in this SLA and any other liability, loss, damage, or cost

incurred by Customer as a result of any Service outage is hereby expressly disclaimed and waived by the

Customer as an express condition for Tinet’s provision of the Service.

19. Contract penalties shall be paid to Customer via Credit Note in a proactive way for Service

Availability objectives.

20. The Customer shall not receive more than one Service credit request with respect to any one given

incident; i.e. iBandwidth will not allow separate credits for the backbone not being accessible AND the

maximum round-trip time, being exceeded for that given month.

21. Service credits to Customer shall not exceed 100% of the contracted monthly charges incurred by

Customer for the specific Service or installation in question.

22. iBandwidth will endeavour to acknowledge receipt of any Service credit request within two (10)

business days after such receipt and will review all requests within ten (15) business days after such

receipt. Customer will be notified promptly upon resolution of the request.

23. Should iBandwidth require additional information from Customer, this 15-day notification period for

Customer shall begin upon receipt of all information required by iBandwidth.

24. When the Service credit request is submitted, the Customer shall nevertheless pay its entire Service

bill, and shall not setoff any Service credits it would anticipate receiving from iBandwidth.

25. In case of an early termination of the Agreement prior to the scheduled term, the Service credits will

be calculated on a pro rata basis and no further credits will be payable.

26. The Service Credits provided for in this SLA assume compliance by Customer with all of the terms

and conditions comprising the Agreement including the Services T&Cs, COF, and this SLA and Customer’s

failure to comply therewith shall invalidate any rights to Service credits provided herein. Policy Change

27. iBandwidth, at its sole discretion or upon request of a local or a national authority, shall be entitled

to change, amend or revise this policy at any time, and for any reason, by providing written notice

thereof to the Customer in accordance with the notice provisions in the Agreement.