This Service Level Agreement (“SLA”) is effective as of the first day of the first month after initial installation of AireSpring Fortinet Firewall Service (the Service) (the “Effective Date”). This SLA sets forth the provisions and commitments relating to the Service quality between AireSpring and Customer. The provisions of this SLA state Customer’s sole and exclusive remedies for Service interruptions or Service deficiencies as defined in this agreement. This SLA applies only to the Service and does not modify or affect any other SLAs provided by AireSpring (if any) for telecommunications or information services purchased by Customer pursuant to other service exhibits or agreements. This SLA does not apply to MPLS, Internet, Wireless, Voice, SD-WAN or any other services that are supplied in conjunction with or exclusive of the Airespring Fortinet Firewall Service.

Definitions

The AireSpring Fortinet Firewall Service only includes Fortigate equipment located at the customer premise for Premises Based Firewall Service or Fortigate equipment located in the Airespring Network for Network Based Firewall Service (NBFW)

Overall Commitment

AireSpring will use reasonable efforts under the circumstances to maintain its overall Fortinet Firewall Service quality.  AireSpring is committed to providing reliable, high-quality Fortinet Firewall Service. As one indicator of AireSpring’s Service commitment, AireSpring provides SLAs covering this Service.

Service Availability

The availability of the Service (“Service Availability”) is measured by “Service Downtime” or “Service Outage” which exists when Customer’s premises based Fortigate equipment or NBFW equipment is unable to transmit and receive data due to an AireSpring Fortinet Firewall Service outage. Service Downtime is measured from the time a trouble ticket is opened by AireSpring or Customer in the AireSpring NOC Trouble Ticketing System to the time the Affected Service is again able to transmit and receive data. The AireSpring Fortinet Firewall Service shall be available to Customer free of Service Outages for 99% of the time each month. If the Service availability guarantee is not met in a calendar month, Customer will receive a credit equal to one thirtieth (1/30th) of the affected Service’s Airespring Fortinet Firewall Service monthly recurring charge (“MRC”) for each full hour of outage in excess of the 99% guaranteed under this SLA, at a maximum of 1 such credit accrued per day. Two or more interruptions during any one 24-hour period shall be considered as one interruption.  In order to qualify for the credit, Customer is responsible for reporting any suspected service availability problems to AireSpring within twenty-four hours from the time Customer became aware of the problem through the opening of a Trouble Ticket in AireSpring’s NOC Trouble Ticketing System.

Credits

Customer shall be eligible for a credit during any calendar month per the procedures set forth in this SLA if Customer experiences performance that does not meet the applicable metric set forth in this SLA and is reported by Customer to AireSpring and confirmed by AireSpring’s measurements. AireSpring will issue the Eligible Customer a Service Credit provided that the Customer submits in writing, addressed to the Parties at the email, address, or fax number below with all necessary supporting documentation within fifteen (15) business days of the confirmed Goal failure to meet the specific SLA metric/s. For calculating credit allowances, every month is considered to have thirty (30) days. “Affected Service” means the AireSpring Fortinet Firewall Service that fails to meet the applicable Goal. A credit allowance is applied on a pro-rata basis against the monthly recurring charges for AireSpring Fortinet Firewall Service of the affected service in which the requisite Goal failure occurred. No credits will be available for any usage-base Service or the usage-based portion of any Service. AireSpring will apply any Service Credits against future payments and will not entitle customer to a refund. Credits do not survive the end of the contract. Service Credits may not be transferred or applied to any other account.

Credit requests must be made in writing to AireSpring:

By Mail to:                                         By Fax to:                                  By Email to: customerservice@airespring.com
AireSpring, Inc.                                 AireSpring, Inc.
Attn: Customer Relations               Attn: Customer Relations

1-866-410-3684

Credit Maximums

Unless otherwise expressly allowed, SLA failures are not aggregated for purposes of determining a credit allowance. The credits will apply to the AireSpring Fortinet Firewall Service MRCs of the Affected Service after application of all discounts and do not apply to MRCs of other services, nor to circuit loop or port MRC’s of the Affected Service. The maximum credits issued for failure to meet any one SLA or combination of SLA’s within a 24-hour period will not exceed one thirtieth (1/30th) of the affected Service’s AireSpring Fortinet Firewall Service monthly recurring charge (“MRC”). The maximum SLA credits available in any one (1) calendar month will not exceed seven (7) days’ charges pro-rated from the AireSpring Fortinet Firewall Service MRCs of the Affected Service. In no event will the total credit, in the aggregate for all credits issued in one (1) month, exceed the equivalent of 50% of the relevant AireSpring Fortinet Firewall Service MRCs for the Affected Service.  Cumulative Credits in any one (1) month must exceed $25.00 to be processed. If Customer fails to notify AireSpring in the manner set forth above with respect to the applicable SLA credits, Customer will have waived its right to any SLA credits for that month. Total credits under this SLA are limited to the AireSpring Fortinet Firewall Service MRCs for the affected Service for the monthly billing period in which the Service does not meet one or more of the above guarantees/goals.   The combined cumulative total of Service Credits issued during a Contract Year under these SLAs will not exceed 50% of an Eligible Customer’s total AireSpring Fortinet Firewall Service MRCs invoiced during the Contract Year.

Credit Exceptions

Credits will not be issued where the SLA is not met as a result of:

(a) The acts or omissions of Customer, its employees, contractors or agents or its end users.

(b) The failure or malfunction of Customer Premise Equipment, applications, wiring beyond the Minimum Point of Entry (MPOE) or systems, whether owned, installed or controlled by AireSpring or Customer, including the failure or malfunction of Customer Premise Equipment or systems as a result of a power surge or loss of power originating from Customer provided electric power.

(c) Interruption or delay in transportation and Force Majeure Events, as defined in the AireSpring Master Service Agreement.

(d) Normal Maintenance, Urgent Maintenance, or Service alteration or implementation.  Normal maintenance is scheduled to occur in off-hours, during a maintenance window of 10:00 p.m. to 2:00 a.m. local time.  This maintenance window excludes any needed emergency maintenance or any special maintenance that was scheduled in advance with prior notice given to the Customer.

(e) The unavailability of required Customer personnel, including as a result of failure to provide AireSpring with accurate, current contact information.

(f) AireSpring’s lack of access to the Customer premises where reasonably required.

(g) Customer’s failure to release the Service for testing or repair and continuing to use the Service on an impaired basis.

(h) AireSpring’s termination of Service for Cause or Customer’s use of Service in an unauthorized or unlawful manner.

(i) Improper or inaccurate network specifications provided by Customer.

(j) Customer’s failure to materially comply with its obligations as defined in customer’s service agreement for AireSpring Fortinet Firewall Service, including failure to pay valid past-due amounts, order suspensions due to customer’s credit worthiness.

(k) unavailability of or interruption or delay in telecommunications or third-party services, including but not limited to (services, software, access circuits and Internet or Internet access).

(l) Customer’s failure to properly maintain AireSpring provided equipment or Customer Provided Equipment used by Customer to utilize the AireSpring Fortinet Firewall Service, and other acts or omissions of Customer or others, including but not limited to (any negligence or willful misconduct)

Credit Deductions

Any Credits issued by AireSpring as a result of goals not being met on this SLA will be reduced/adjusted as a result of:

(a) Time attributed to customer’s delay in responding to AireSpring’s requests for assistance to address or investigate the issue on the Service.

(b) Time attributed for implementation delays caused by customers delay in providing required technical/operational specifications or info.

(c) If AireSpring responds to a service call initiated by the Customer, and AireSpring reasonably determines that the cause of the problem is (i) not due to AireSpring’s Fortinet Firewall Service; or (ii) on the Customer’s side/responsibility, Customer must compensate AireSpring for the service call at AireSpring’s then prevailing Time and Materials rates if service call requires on site response.

Trouble Ticketing Support

AireSpring includes 24*7 Trouble Ticketing Support with the AireSpring Fortinet Firewall Service. AireSpring shall respond to trouble tickets within thirty (30) minutes of Customer creation of ticket in the AireSpring NOC Trouble Ticketing System.

Firewall Policy Changes and Security Review

AireSpring will configure firewall using standard settings. Customer can make up to four (4) firewall related requests per month for free and will be charged $150 for each additional firewall request. These requests can be utilized to make firewall policy changes (during AireSpring’s normal business hours) or for reviewing a customer’s security profile for a potential breach.

Hardware Failure

In the event of Premises Based Fortigate Hardware failure, AireSpring will ship replacement Fortigate Hardware based on the following:

*Before 12pm PST – replacement is shipped Same Day for Next Day delivery

*After 12pm PST – replacement is shipped Next Day for Next Day delivery

*Time based on when Fortigate Hardware failure is confirmed by the AireSpring NOC.

Amendments

AireSpring reserves the right to amend the SLA from time to time effective upon the posting of revised SLA metrics.