To initiate a claim for a service credit with respect to the SLA’s described herein, Client shall submit to BROAD SKY a request in writing for the service credit. For all Network Performance SLA: Client shall submit the service credit request to the Client’s assigned BROAD SKY Representative within seven (10) business days after the end of the month in which the event occurred that gives rise to the claim for the service credit.
BROAD SKY shall acknowledge receipt of all service credit requests via email within twenty-four (24) hours after such receipt and will review all requests within ten (10) business days after such receipt. Client shall be notified via email upon resolution of the request. Client shall cooperate with BROAD SKY in the service claim investigation. When service requests are submitted, the Client shall pay its entire service bill, and shall not set off any service credits it would anticipate receiving from BROAD SKY.
BROAD SKY shall issue a service credit to clients account upon approval of its service credit request. Service credit will appear on the invoice issued in the month following the month in which the service credit request was approved. BROAD SKY shall not be held liable for failure to fulfill its obligations hereunder if such failure is due to an Excused Event as set forth in Section 2.1.Service Credits delivered as remedies in conjunction with SLA’s described herein represent BROAD SKY’s sole responsibility and Client’s sole remedy related to the service(s) to be provided under this Agreement. BROAD SKY shall provide its service in accordance with this SLA, and the Client’s sole remedy for failure of BROAD SKY to provide such SLA related to BROAD SKY Service is described herein. An SLA and/or warranties, other than the network’s performance SLA listed above and as described herein, whether expressed or implied, are hereby disclaimed, including warranties of merchantability and fitness for a particular purpose.
This is amount of time that the network will be available as measured in minutes per month. The calculation is: Total minutes of actual availability divided by the total number of minutes in a month (“Covered Time”).
In the event the network availability is less than the SLA, a credit will be issued of 1% of the MRC of the affected location for each percentage point below the SLA that the network was not available.
Important Note: SLA applies only to managed orders wherein an agent or designee of Broad Sky Networks has performed a professional installation (to include an external antenna) of Service(s). Client self -install or mobile applications are not covered under the conditions of the SLA.
Service Interruptions Excluded from Covered Time
The following service interruptions are excluded in any calculation of Availability: