LUMEN EDGE BARE METAL

Service Level Agreement

Version: September 27, 2022

The following Service Level Agreement (SLA) is applicable to Lumen Edge Bare Metal ("Services").

The uptime obligations and the resulting SLA credits are applied monthly unless specified otherwise.

If Lumen Edge Bare Metal Services experience Service Unavailability, Customer may be entitled to a credit as a percentage of the monthly charges applicable to the affected Service(s) during the calendar month the Service Unavailability occurred.

“Service Unavailability” refers to a failure in the underlying infrastructure within Lumen’s control such that the Service is completely down or not usable, including an inability to directly access the server.  Only failures due to or attributable to power interruptions, Lumen provided public internet connectivity, or hardware problems, including compute resources (e.g., CPU, RAM (i.e. memory)) or operating systems will contribute to Service Unavailability. Customer’s inability to use the portal, API and/or online templates for provisioning, management, moves, adds or changes does not constitute Service Unavailability. Degraded services are considered available and therefore not eligible for a service credit. Customer may be entitled to a service credit if the cumulative duration of Service Unavailability falls within the ranges identified in the table below. Service Unavailability is calculated from the timestamp when Lumen opens a trouble ticket following the report of a problem by the Customer until the time the ticket is closed. For Service Unavailability, Customer will be entitled to a service credit off the MRC for the affected Service based on the cumulative minutes of Service Unavailability in a calendar month in accordance with the table below.

Cumulative duration of Service Unavailability during a calendar month Service Credits for Service Unavailability based on a percentage of monthly charges for the affected Services in the calendar month the Service Unavailability occurred
0 and < 5 minutes 0%
≥ 5 minutes and < 30 minutes 10%
≥ 30 minutes and < 60 minutes 20%
≥ 1 hour and < 2 hours 50%
≥ 2 hours 100%

SLA Credit Claim:

  1. If a Customer believes that a Service failure occurred, Customer must open a support ticket (a "Ticket") through the Edge Services portal or by an email to EdgeServicesIncident@lumen.com and request any credits by accurately detailing the credit request within 30 days of the failure in question. Lumen will issue to the Customer appropriate service credits for the failure as defined in this SLA upon review and confirmation of Service Unavailability.

Limitations/Exclusions:

  1. The maximum credit will not exceed one hundred percent (100%) of Customer’s fees for the affected Service feature for the then-current billing month. If multiple periods of failure overlap in time, credits will not be aggregated, and Customer will receive credit only for the longest period of failure.
  2. Any inability to access the Service due to failure of any other Services provided by Lumen, including the portal or APIs, will be governed by the applicable terms and no failure or outage of this Service will be deemed to apply.
  3. Credits available pursuant to this SLA apply only to future service delivery and will be credited against the applicable invoices. Lumen will not provide a refund or issue a credit against an invoice with no amounts payable. If Customer retains a credit balance on termination of the account in question, all applicable credits are forfeited.
  4. The SLA provides Customer's sole and exclusive remedies for any Service interruptions, deficiencies, or failures of any kind. A Service Unavailability will not occur, the SLA will not apply and Customer will not be entitled to receive a credit if any of the following apply: (1) downtime during planned maintenance or emergency maintenance periods; (2) outages caused by acts or omissions of Customer, its employees, customers, end users, contractors or agents, including its applications, equipment or facilities, or by any use or user of the Service authorized by Customer; (3) outages caused by hackers, sabotage, viruses, worms or other third party wrongful actions; (4) DNS issues; (5) outages resulting from Internet anomalies outside of Lumen’s control; (6) any suspension of Service pursuant to the Agreement, Service Exhibit or the Service Schedule; (7) the unavailability of required Customer personnel, including as a result of failure to provide us with accurate, current contact information; (8) network performance to Customer's physical location or Internet access point (such as a local DSL/cable modem); (9) failures due to denial of service attacks; (10) the failure or malfunction of equipment, applications, software or systems not owned or controlled by Lumen. Customer will not be eligible to receive any otherwise applicable credits if Customer is in breach or default under any provisions of the Agreement, the Service Exhibit or the applicable Service Schedule at the time when a Service Unavailability occurred or at the time the credit is requested by Customer until such breach is cured, at which point the credit will be issued.