Professional Service Level Agreement

The City of Pharr and TeamPharr.Net Broadband are proud to serve you!
This Professional Service Level Agreement (“SLA”) is incorporated into and made part of the TeamPharr.Net Commercial Services Agreement (“CSA”) between TeamPharr.Net Broadband (“TeamPharr.Net”) and you (“Customer”). All terms defined in the signed Service Order and CSA shall have the same meaning when referred to in this SLA. This SLA measures the percentage of time a port is available for Customer’s broadband services and establishes a credit mechanism.

OBJECTIVES
This SLA sets forth the specific terms and conditions of the service level reliability and performance guarantees made by TeamPharr.Net in connection with the broadband services (“Services”) provided by TeamPharr.Net to the Customer pursuant to the signed Service Order, as well as any remedies that may be available to the Customer should those guarantees be unmet. Customer understands and acknowledges that the remedies set forth in this SLA are the sole and exclusive remedy with respect to any claim in any way related to or arising from any delay, outage, degradation, or non-compliance of the Services.

SLA PACKAGES

SERVICE LEVEL STANDARDS
TeamPharr.Net will maintain a 99.9% Committed Access Port Availability (“CAPA”) for each port that TeamPharr.Net utilizes for broadband services. TeamPharr.Net commits to a 4-Hour Mean Time to Respond (“MTTR”) Performance Objective. If TeamPharr.Net fails to meet its Service Level Standards, TeamPharr.Net will credit Customer per the remedies described in Remedies section of this document. TeamPharr.Net must provide the local access on TeamPharr.Net facilities to qualify for this SLA.

Calculation of Service Level Standards

1. Port Availability Calculation. Port availability is calculated monthly as follows: (Number of Minutes in a Month) – (Port Outage Time in Minutes) / (Number of Minutes in a Month) = Port Availability
2. Components Included in Port Availability. Port availability is calculated based upon the performance of TeamPharr.Net provided local access facilities to access the TeamPharr.Net IP network.
3. Outage Time. Excluding Outages caused by the factors listed below, outage time (“Outage Time”) is the total time in a month that a Customer’s Access Port is unable to transmit or receive IP traffic, and Outage Time is measured from the time a trouble ticket is opened to the time a problem is repaired. Outage Time does not include outages of less than 60 seconds duration, or time attributed to Customer’s delay in responding to requests from TeamPharr.Net for assistance to repair an outage. Outage Time will not include outages caused by:
   1. Failure of any component not included in subsection 2 above
   2. Failure of Customer provided local access to facilities used to access the TeamPharr.Net IP network
   3. Scheduled maintenance from 12:00 a.m. – 6:00 a.m. CST
   4. Failure of any components beyond the IP side of a network-to-network interface (“NNI”)
   5. Failure of any components TeamPharr.Net cannot repair because Customer fails to respond to requests for access
   6. Failure of any components TeamPharr.Net cannot repair because Customer facilities are inaccessible
   7. Trouble tickets resolved as No Trouble Found (NTF)
   8. Force majeure events under the CSA
   9. Customer’s negligence or willful misconduct or the negligence or willful misconduct of others using Services under the CSA
   10. Lateral Exchange Network Services
4. Mean Time to Respond. Mean Time to Respond (“MTTR”) is defined as the monthly average of the time taken between opening a trouble ticket and when TeamPharr.Net acknowledges the receipt of the trouble ticket. MTTR is calculated by dividing TeamPharr.Net’s total response time by the total number of trouble tickets in a calendar month.

REMEDIES
If Customer believes that TeamPharr.Net has failed to meet its SLA in any given billing month, Customer must contact TeamPharr.Net Customer Operations Center within thirty (30) days of Customer’s receipt of bill for the specific billing month. Once TeamPharr.Net verifies that the actual SLA is below the committed levels in any given billing month, TeamPharr.Net will calculate the cumulative Total Outage Time for the specific billing month and will issue a service credit (“Service Credit”) to Customer that will appear on Customer’s monthly bill. The Service Credit will equal the applicable amount from the table below. Service Credits will not exceed the limits listed in Maximum Service Credits section.

*1-Day of Service Credit is equal to 1/30 of the Monthly Recurring Charge (“MRC”) for the affected Access Port in the applicable month.

Maximum Service Credits

1. Monthly Service Credit. Service Credits issued in any month for an Access Port under this SLA will not exceed the MRC for the affected Access Port.
2. Yearly Service Credit. Without limitation of the Monthly Service Credit maximum listed above, the combined cumulative total of Service Credits issued during each year that the CSA is in effect under this SLA will not exceed 10% of Customer’s total services for Internet connectivity that have been or will be invoiced during that year.

APPLICABILITY
This SLA applies to new Customers that select the TeamPharr.Net Commercial Pro Add-On Services with a term of one (1) year or longer and toexisting Customers that extend the Term of their existing Agreement for an additional one (1) year or longer term. All Customerswho do not select the TeamPharr.Net Commercial Pro Add-On Services will only receive the Standard SLA. Only one SLA is available per Customer, and this SLA replaces and supersedes any prior SLA in effect between TeamPharr.Net and Customer with respect to TeamPharr.Net Commercial Pro Services. This SLA is limited to the Access Ports utilized to provide connectivity to the TeamPharr.Net IP network. This SLA does not apply to any Port utilized to provide voice, data or other telecommunications services, whether or not the underlying facilities utilize IP equipment in the provision of such service.

Effective Date: 10/01/2022
Last Updated: 10/01/2022