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Credit requests must be made in writing to 46 Labs:
By Mail to:
46 Labs Communications
Attn: Support
1503 E. 19th St Edmond, OK
73013
By Fax to:
46 Labs Communications
Attn: Support
1-405-340-1001
By E-mail to:
46 Labs Communications
support@46labs.com
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Credits will not be issued where the SLA is not met as a result of:
(a) The acts or omissions of Customer, its employees, contractors or agents or its end users.
(b) The failure or malfunction of Customer Premise Equipment, applications, wiring beyond the Minimum Point of Entry (MPOE) or systems, whether owned, installed or controlled by 46 Labs or Customer, including the failure or malfunction of Customer Premise Equipment or systems as a result of a power surge or loss of power originating from Customer provided electric power.
(c) Force Majeure Events, as defined in customer's service agreement.
(d) Normal Maintenance, Urgent Maintenance, or Service alteration or implementation.
(e) The unavailability of required Customer personnel, including as a result of failure to provide 46 Labs with accurate, current contact information.
(f) 46 Labs's lack of access to the Customer premises where reasonably required.
(g) Customer's failure to release the Service for testing or repair and continuing to use the Service on an impaired basis.
(h) 46 Labs's termination of Service for Cause or Customer's use of Service in an unauthorized or unlawful manner.
(i) Improper or inaccurate network specifications provided by Customer.
(j) Customer's failure to materially comply with its obligations as defined in customer's service agreement for Eco Data Service, including failure to pay valid past-due amounts; order suspensions due to customer's credit worthiness.
(k) The failure or malfunction of any on-premise components, including but not limited to 46 Labs supplied Eco Data Edge Devices, Edge Routers, Edge Switches, etc., which this SLA specifically excludes.
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Any Credits issued by 46 Labs as a result of goals not being met on this SLA will be reduced/adjusted as a result of:
(a) Time attributed to customer's delay in responding to 46 Labs's requests for assistance to address or investigate the issue on the Service.
(b) Time attributed for implementation delays caused by customers delay in providing required technical/operational specifications or info.
(c) If 46 Labs responds to a service call initiated by the Customer, and 46 Labs reasonably determines that the cause of the problem is (i) not due to 46 Labs's Eco Data Network; or (ii) on the Customer's side/responsibility, Customer must compensate 46 Labs for the service call at 46 Labs's then prevailing Time and Materials rates.
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