ECO Enterprise Data SLA

46 LABS DATA SERVICE LEVEL AGREEMENT

This Service Level Agreement (“SLA”) is effective as of the first day of the second month after initial installation of 46 Labs Eco Data Service (“Service”). This SLA sets forth the provisions and commitments relating to the Service quality between 46 Labs and Customer. The provisions of this SLA state Customer’s sole and exclusive remedies for Service interruptions or Service deficiencies as defined in this agreement. This SLA applies only to the Service and does not modify or affect any other SLAs provided by 46 Labs (if any) for telecommunications or information services purchased by Customer pursuant to other service exhibits or agreements. This SLA does not apply to MPLS, Internet, Wireless, Voice, Security, Service Provider or any other services that are supplied in conjunction with or exclusive of the Eco Data Service.

1 Definitions.

The 46 Labs Eco Data Network includes all equipment (which is located at the customer premise) including the Orchestrator, Gateways, routers, switches and fiber as well as any other facilities that are owned by 46 Labs or other providers specifically designated by 46 Labs for the Service. The Eco Data Port is the Customer's access port on the 46 Labs Eco Data GatewayThis Service Level Agreement ("SLA") is effective as of the first day of the second month after initial installation of 46 Labs Eco Data Service ("Service"). This SLA sets forth the provisions and commitments relating to the Service quality between 46 Labs and Customer. The provisions of this SLA state Customer's sole and exclusive remedies for Service interruptions or Service deficiencies as defined in this agreement. This SLA applies only to the Service and does not modify or affect any other SLAs provided by 46 Labs (if any) for telecommunications or information services purchased by Customer pursuant to other service exhibits or agreements. This SLA does not apply to MPLS, Internet, Wireless, Voice, Security, Service Provider or any other services that are supplied in conjunction with or exclusive of the Eco Data Service.

2 Overall Commitment.

46 Labs will use reasonable efforts under the circumstances to maintain its overall Eco Data Service quality. 46 Labs is committed to providing reliable, high-quality Eco Data Service. As one indicator of 46 Labs's Service commitment, 46 Labs provides SLAs covering this Service.

3 Network Availability.

The availability of the Service ("Network Availability") is measured by "Network Downtime" or "Network Outage" which exists when a particular Eco Data Port is unable to transmit and receive data due to a 46 Labs Eco Data Network outage for more than forty-four (44) consecutive minutes. Network Downtime is measured from the time a trouble ticket is opened by 46 Labs in the 46 Labs NOC Trouble Ticketing System to the time the Affected Service is again able to transmit and receive data. The 46 Labs Eco Data Network shall be available to Customer free of Network Outages for 99.99 % of the time. If the Network availability guarantee is not met in a calendar month, Customer will receive a credit equal to one thirtieth (1/30th) of the affected Service's Eco Data monthly recurring charge ("MRC") for each full hour of outage in excess of the 99.99% guaranteed under this SLA, at a maximum of 1 such credit accrued per day.
Two or more interruptions of forty-four (44) consecutive minutes or more during any one 24-hour period shall be considered as one interruption. In order to qualify for the credit, Customer is responsible for reporting any suspected network availability problems to 46 Labs within twenty-four hours from the time Customer became aware of the problem through the opening of a Trouble Ticket in 46 Labs's Support Ticketing System.

4 Credits.

Customer shall be eligible for a credit during any calendar month per the procedures set forth in this SLA if Customer experiences performance that does not meet the applicable metric set forth in this SLA and is reported by Customer to 46 Labs and confirmed by 46 Labs's measurements. 46 Labs will issue the Eligible Customer a Service Credit provided that the Customer submits in writing, addressed to the Parties at the addresses or fax number below with all necessary supporting documentation within five (5) business days of the confirmed Goal failure to meet the specific SLA metric/s. For calculating credit allowances, every month is considered to have thirty (30) days.

"Affected Service" means the Eco Data Port that fails to meet the applicable Goal. A credit allowance is applied on a pro-rata basis against the monthly recurring charges for Eco Data of the affected service in which the requisite Goal failure occurred. No credits will be available for any usage-base Service or the usage-based portion of any Service. 46 Labs will apply any Service Credits against future payments and will not entitle the customer to a refund. Credits do not survive the end of the contract. Service Credits may not be transferred or applied to any other account.

Credit requests must be made in writing to 46 Labs:

5 Credit Maximums.

Unless otherwise expressly allowed, SLA failures are not aggregated for purposes of determining a credit allowance. The credits will apply to the Eco Data MRCs of the Affected Service after application of all discounts and do not apply to MRCs of other services, nor to circuit loop or port MRC's of the Affected Service. The maximum credits issued for failure to meet any one SLA or combination of SLA's within a 24-hour period will not exceed one thirtieth (1/30th) of the affected Service's Eco Data monthly recurring charge ("MRC"). The maximum SLA credits available in any one (1) calendar month will not exceed seven (7) days' charges pro-rated from the Eco Data MRCs of the Affected Service.failure to meet the specific SLA metric/s. For calculating credit allowances, every month is considered to have thirty (30) days.

In no event will the total credit, in the aggregate for all credits issued in one (1) month, exceed the equivalent of 50% of the relevant Eco Data MRCs for the Affected Service. Cumulative Credits in any one (1) month must exceed $25.00 to be processed. If Customer fails to notify 46 Labs in the manner set forth above with respect to the applicable SLA credits, Customer will have waived its right to any SLA credits for that month. Total credits under this SLA are limited to the Eco Data MRCs for the affected Service for the monthly billing period in which the Service does not meet one or more of the above guarantees/ goals. The combined cumulative total of Service Credits issued during a Contract Year under these SLAs will not exceed 20% of an Eligible Customer's total Eco Data MRCs invoiced during the Contract Year.

6 Credit Exceptions.

Credits will not be issued where the SLA is not met as a result of:

7 Credit Deductions.

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:

8 Amendments.

46 Labs reserves the right to amend the SLA from time to time effective upon the posting of revised SLA metrics to the customer.