SERVICE LEVEL AGREEMENT
Customer services guidelines, processes & procedures
The provision of Services and/or Products by Yama Industrials, Inc., a Wyoming corporation, are subject to the terms and conditions set forth in the following Service Level Agreements (“SLAs”). The Yama Industrials “Order Form” for the Services shall be expressly incorporated herein and the delivery, installation and provision of Services shall be subject to Yama Industrials Main Service Agreement (“MSA”), which can be found at: https://resources.yamaindustrials.com/ Customer agrees to abide by and be subject to the Service Level Agreements (“SLAs”) set forth herein as well as the Order Form and MSA. Based on the terms hereof, Customer may be eligible for specific reductions in future monthly recurring charges (“MRC”) owed by Customer (“Service Credits”). Any terms not defined herein shall be ascribed the definition set forth in the MSA or the Order Form.
a. “Chronic Service Issue” means one (1) identical issue that results in the issuance of Service Credits to Customer under this SLA.
b. “Network Latency” means the average network transit delay, measured via roundtrip pings on an ongoing basis to determine a consistent average monthly performance level for Latency at all the points of presence (“POPs”).
c. “Network Outage” exists when a Customer’s SDWAN or Network as-a-Service is unable to transmit data. A Network Outage is measured from the time a Trouble Ticket is opened due to the Network Outage to the time Customer’s SDWAN or Network-as-a-Service is again able to transmit and receive data.
d. “Network Packet Delivery” refers to the successful delivery of units of data carried over a network.
e. “Voice Outage” exists when a Customer’s Voice Services are unable to accept or make phone calls because the Yama Industrials voice network core is unavailable.
2. Network Outage. For each cumulative one (1) hour period where SDWAN or Network-as-a-Service experiences a Network Outage, Customer shall be eligible to receive a Service Credit equal to 1/720th of the affected Service’s MRC. No Service Credit shall be available for any Network Outage lasting less than one (1) cumulative hour or any partial hour. To be eligible for a Service Credit due to a Network Outage lasting longer than one (1) cumulative hour for SDWAN Services:
a. Customer must purchase SDWAN with at least one dedicated Broadband Link or MPLS Link connection from Yama Industrials;
b. Customer must have at least a second network connection, which can be Customer or Yama Industrials provided network connection, subject to Yama Industrials sole and absolute discretion that there is true diversity between the primary network connection and the secondary network connection; and
c. CPE failure is not the cause of the Network Outage.
3. Network Latency. For locations in the United States: (a) Network Latency for Service Credit purposes is calculated on a monthly basis; and (b) if monthly average Network Latency exceeds fifty (50) milliseconds (ms) for any calendar month (the “Network Latency Goals”), Customer shall receive a future Service Credit equal to ten percent (10%) of the MRC for the affected service that exceeded the Network Latency Goals; provided, however, Yama Industrials broadband services do not qualify for a Network Latency Service Credit, unless the underlying internet service provider specifically allows for such in their service level agreements, which Yama Industrials will pass on to the Customer, if applicable, on a case by case basis. Notwithstanding the foregoing, Network Latency calculations for locations outside of the United States are subject to a separate technical review and shall be separately agreed to by Yama Industrials and the Customer based on that review.
4. Network Packet Delivery. Packet Delivery is measured on an ongoing basis to determine a consistent average monthly performance level for data actually delivered between POPs. If average monthly Network Packet Delivery is below 99.99% (“Packet Goal”) for any calendar month, Customer shall be eligible to receive a Service Credit equal to ten percent (10%) of the MRC for the affected Service that did not meet the Packet Goal.
5. Chronic Service Issue. If a Chronic Service Issue occurs at least three (3) times or more during any calendar month for any single Location, and the third Chronic Service Issue has not been resolved to the reasonable satisfaction of Customer within five (5) business days of Customer notifying Yama Industrials of such Chronic Service Issue, Yama Industrials shall provide Customer with a remediation plan as to how it will correct the Chronic Service Issue within thirty (30) business days following such notice by Customer that the third attempt to address the Chronic Service Issue was inadequate (the “Remediation Period”). If Yama Industrials is unable to correct the Chronic Service Issue to the reasonable satisfaction of Customer by the expiration of the Remediation Period, Customer shall have the option of terminating Services to the Location experiencing the Chronic Service Issue without penalty, including, without limitation, the payment of any early Termination Fee.
6. Voice Outage. For each cumulative one (1) hour period where a Customer experiences a Voice Outage, Customer will be qualified to receive a Service Credit equal to 1/720th of the affected Service’s MRC. No Service Credit shall be available for any Voice Outage lasting less than one (1) cumulative hour or any partial hour.
7. Simple Configuration Changes. Non-urgent, simple configuration requests for security or routing changes will be reviewed by Yama Industrials upon Customer submitting a Trouble Ticket to Yama Industrials (a “Configuration Change Notice”). Yama Industrials will endeavor to complete the configuration change within one (1) business day or as noted by the SLA of receiving a Configuration Change Notice (the “Configuration Goal”). Provided, however, many configuration changes require a design review process or update of diagrams, modification of customer’s approved technical documents, and/or discussions around how it could impact other applications/services and such changes shall not be subject to the Configuration Goal. Whether a configuration is simple or more detailed shall be determined in Yama Industrials sole and absolute discretion.
8. Hardware and Equipment Replacement. Yama Industrials endeavors to replace hardware, equipment and CPE (collectively, “Replaced Equipment”) by the end of the next business day or as noted by the SLA for locations within the United States (“Replaced Equipment Goal”) after a Replaced Equipment Notice (defined below) is received. For locations outside of the United States, the Replaced Equipment Goal may be longer based on shipping and fulfillment times or other matters related to the local jurisdiction. Customer shall notify Yama Industrials of the need for Replaced Equipment by submitting a Trouble Ticket to Yama Industrials (a “Replaced Equipment Notice”). If CPE must be replaced, Yama Industrials shall first identify, diagnose, and determine a replacement for the applicable CPE. Once determined, Yama Industrials shall endeavor to replace the affected CPE by the Replaced Equipment Goal. If replacement by the Replaced Equipment Goal is not possible, Yama Industrials will replace the Replaced Equipment within a commercially reasonable time.
9. High Availability Configuration. Yama Industrials highly recommends a high availability (HA) configuration, especially for any Location where Customer’s business would be especially impacted by a Network Outage, Voice Outage or equipment failure.
10. Installation. Installation of Products and Services varies based on the applicable technology employed and a host of other variables. Should Yama Industrials determine that construction, carpentry, electrical wiring, etc. (collectively, a “Build Out” is required to install a Product or provide a Service, Customer may elect to move forward with the installation any pay applicable construction costs for the Build Out, or the Customer can cancel the affected Product or Service without penalty or obligation to Yama Industrials. Should the installation of a Product or Service exceed the date set forth below as the “Installation Goal,” Customer will be eligible to receive a Service Credit equal to five percent (5%) of the affected Service’s monthly recurring charge (MRC).
11. SLA Claim Process. Customer must request a Service Credit within fifteen (15) days of the incident allegedly giving rise to a Service Credit or within 15 days of a Product or Service being installed (for purposes of Installation Goals only) by emailing [email protected]amaindustrials.com (a “Service Credit Request”). A Service Credit Request must include the Customer’s name, Location address, contact information, dates of incident, and background on the incident. Yama Industrials will review the Customer’s claim and provide feedback or a response within fifteen (15) days of its receipt of the Service Credit Request. If Customer fails to provide a response to any Yama Industrials request for additional information regarding a claim for Service Credits within fifteen (15) days from Customer’s receipt thereof, the claim will be denied. Yama Industrials will not accept late Service Credit Requests under any circumstance and any applicable Service Credits shall be null and void. A separate Service Credit Request must be submitted for each incident and each Location, unless the request is for the same Service and Location. Customer must also be current in all of its invoices to be eligible for service credits, and may not withhold payments based on pending or disputed Service Credit Requests.
12. Service Credit Terms. The maximum Service Credit to be issued to Customer for any given calendar month shall not exceed fifty percent (50%) of the MRC for the affected Service. Service Credits must also be equal to or greater than twenty dollars ($25.00) to be processed.
13. Service Credit Ineligibility. Customer will not be entitled to Service Credits if an event was caused by any of the following:
a. Scheduled and/or emergency maintenance, service alteration, or implementation.
b. Failure of CPE.
c. Acts or omissions caused by Customer, its employed staff, contracted representatives, or end users.
d. Events involving force majeure.
e. Termination for cause due to a Customer breach of the MSA or Order Form.
f. Yama Industrials lack of reasonable access to Customer’s Location.
g. Interruptions to a Service due to power failure at a Customer Location.
YAMA INDUSTRIALS, INC. - 2021