Transit Services Schedule

Version 2019 (07.01.2019)

This Schedule, together with the Proposal, Master Service Terms and all ancillary agreements to it, and the CareServ AUP, set forth the terms that apply to the Internet Transit Services (the "Transit Services," which shall be a "Service" under the Master Service Terms) provided by CareServ to Customer. This Schedule contains terms that are in addition to, and not instead of, the Proposal, the Master Service Terms, and the CareServ AUP and all other agreements executed by and between the parties. Capitalized terms used but not otherwise defined herein shall have the same meanings given for such terms in the Master Service Terms.

Services Provided

By its execution of the Proposal, CareServ agrees to perform and provide to Customer, during the Term outlined in the Proposal, the Transit Services, comprised of an Internet Protocol (“IP”) Transit Service including dedicated IP access ports providing access to the Network and the Internet.
In connection with the Transit Services, CareServ may also provide Customers with certain other services relating to it, which, if so purchased by Customer, the terms of which shall be detailed under a separate Schedule.
The demarcation for the Transit Service, at which point the Customer is responsible for all service and support costs, is at the point of the Customer’s connection to the Network at the applicable Internet port on CareServ’s router (the “Customer Interface”). Customer shall not, without CareServ’s prior, written consent (which may be withheld in its sole discretion), resell, transfer or assign the ports assigned by CareServ for delivery of the Transit Service to Customer, nor any IP address, IP number, or IP account associated therewith, in whole or in part, to any third parties.

Digital Millennium Copyright Act Compliance

The customer agrees that it will comply with the DMCA and with CareServ DMCA Policies and Procedures.

Service Level Warranties

CareServ guarantees that Service Availability for the Network for the Transit Services shall be at least equal to CareServ's Service Availability representations outlined in the Master Service Terms.
CareServ’s exceptions from awarding Customers any Service Availability Service Credits relating to the Transit Services are those outlined in the Master Service Terms.
THE SERVICE AVAILABILITY GUARANTY OUTLINED IN THIS SECTION SHALL APPLY ONLY TO THE Transit Services AND NOT TO ANY OTHER SERVICE. THIS SECTION SETS FORTH CUSTOMER’S SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE BY CARESERV TO PROVIDE THE Transit Services AND ANY BREACH BY CARESERV OF THE SERVICE AVAILABILITY GUARANTEE, EACH AS SET FORTH HEREIN. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN OR IN ANY OTHER AGREEMENT BY AND BETWEEN CARESERV AND CUSTOMER, THE MAXIMUM AMOUNT OF SERVICE CREDITS CARESERV SHALL GRANT FOR THE Transit Services IN ANY ONE MONTH SHALL BE THE MONTHLY RECURRING CHARGES UNDER THE PROPOSAL APPLICABLE TO THE Transit Services.
CareServ guarantees an average, as calculated for each calendar month, Network Latency of fifty (50) milliseconds or less. “Network Latency” means the average time taken for an IP packet to travel between CareServ’s switch port and the CareServ transit routers. Subject to the other terms of Sections 3(e) and (f), if the guarantee outlined in this Section 3(d) is not met in any given calendar month during the Term of the Transit Service, CareServ shall provide the Customer with one Service Credit.
CareServ will maintain measurement tools for the determination of compliance with the guarantees mentioned above (each an "SLA"), and while the Customer may also maintain such, CareServ's measurements, except in the case of manifest error, shall be the only basis for determining compliance or non-compliance with the guarantees set forth herein.
To report service issues, the Customer must contact CareServ at (678) 649-3000 or via email at support@gocareserv.com, or any other number or email address provided to the Customer by CareServ for such service reporting purposes from time to time. Standard support hours are Monday through Friday, 7 a.m. – 7 p.m., Eastern Time. CareServ will make reasonable efforts to respond to any support request received during standard support hours within thirty (30) minutes. Any requests received outside of standard support hours are subject to additional charges, as noted on the Proposal applicable to the Transit Services unless otherwise stated in the Proposal.
Notwithstanding anything to the contrary in this Schedule, an SLA shall not be deemed to be breached, and no remedy shall be available to Customer hereunder as to the Proposal: (i) if Customer has not paid any undisputed amounts due under the Terms (the parties agreeing not to dispute any amounts owed unreasonably); or (ii) to the extent any of the following causes the breach of the SLA:
1. Failure of Customer Equipment or equipment of a Customer's vendor not covered under the Agreement;
2. A breakdown of applications or software code owned or licensed by Customer or provided to CareServ by Customer;
3. The customer’s connection terminates at an inactive CareServ POP or a non-CareServ POP; “CareServ POP” or “POP” means any location on the Network at which CareServ permits access or interconnection to the Network;
4. Failure in local access circuits or cross-connects connecting the Customer to the CareServ Network, unless otherwise specified;
5. A failure or delay by CareServ’s testing agent to report data relating to the service performance metrics outlined in the applicable Order, including any failure or delay caused by false-positive data point readings;
6. A breakdown of any service or product not provided to Customer by CareServ according to this Schedule (including the failure of any other service or product delivered to Customer by CareServ according to the Terms, which failure shall be governed by any service level warranty outlined in the schedule applicable to such service or product);
7. Force majeure events as defined under the Master Service Terms;
8. Any act or omission of Customer or any third party, including, without limitation, Customer’s agents, contractors, or vendors, that causes CareServ to be unable to meet any SLA, including, without limitation: (x) failing to provide CareServ (or its agents) adequate access to facilities for testing; (y) failing to provide access to Customer premises as reasonably required by CareServ (or its agents) to enable CareServ to comply with its obligations regarding the Transit Service; or (z) failing to take any remedial action in relation to the Transit Service as recommended by CareServ, or otherwise preventing CareServ from doing so;
9. Customer’s negligence or willful misconduct, including Customer’s failure to follow CareServ’s Terms or policies and/or agreed-upon procedures;
10. Any scheduled maintenance periods of which the Customer has been informed and any emergency maintenance;
11. Customer’s account, during the period in question, violating the CareServ AUP; and/or
12. Customer not opening a support ticket to report any specific service performance issue.
The customer must submit any claim for Service Credits no later than thirty (30) calendar days after the last day of the month in which the applicable failure of the SLA occurred.
1. Each claim must include the following information: (1) Customer name; (2) Customer contact name and information; (3) date and beginning/end time of outage or failed SLA; (4) a report from a measurement tool stating the basis for the failed SLA; and (5) the specific CareServ support ticket number opened in relation to the performance issue and brief description of the characteristics of the failed SLA.
2. The customer must submit the required information by written, electronic notice to: billing@gocareserv.com.
3. CareServ will apply approved credits to the Customer’s invoice within sixty (60) days of the Customer's credit request submission.
CareServ reserves the right to change, amend, and/or revise this policy at any time upon notice to the Customer.
THE SLAS OUTLINED IN THIS SCHEDULE SHALL APPLY ONLY TO THE TRANSIT SERVICE DESCRIBED HEREIN AND NOT TO ANY OTHER SERVICE. THIS SCHEDULE SETS FORTH CUSTOMER’S SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE BY CARESERV TO PROVIDE THE Transit Services DESCRIBED HEREIN AND FOR ANY BREACH BY CARESERV OF ANY OF THE SLAS SET FORTH HEREIN. NOTWITHSTANDING ANYTHING CONTAINED TO THE CONTRARY HEREIN OR ANYWHERE ELSE IN THE AGREEMENT, THE MAXIMUM SERVICE CREDITS CARESERV MUST GRANT FOR THE TRANSIT SERVICE IN ANY ONE MONTH SHALL BE THE MONTHLY RECURRING CHARGE FOR THE TRANSIT SERVICE UNDER THE APPLICABLE ORDER THEREFOR.