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Service Level Agreement

Towerstream supports and monitors its service up to the Customer Demarcation point 24 hours per day. Towerstream Technical Support is available toll-free 24 hours per day. A Customer Ticket is opened when Towerstream monitors a Customer service issue or Customer reports trouble to Towerstream Tech Support (“Ticket Open”).

Customer Standard Installation includes antenna and radios, non-penetrating sled or J-bar antenna mount, up to 250 feet of standard cable weather-sealed and run from the antenna to the Customer Demarcation, service turn-up and testing. In the unlikely event of additional installation costs, Towerstream will notify Customer prior to installation via email detailing such costs and Customer will have 7 days to accept additional charges or terminate this contract without penalty and receive a full refund of any payments made to Towerstream in connection with this Agreement. Towerstream owns all equipment that it supplies to the Customer. If service is discontinued for any reason, Towerstream has the right to remove any or all of its equipment in a workmanlike manner upon 10 days advance notice. Customer Demarcation is defined as the location where Customer plugs into the Towerstream equipment and is generally located in the Customer equipment room.

The Customer agrees to allow personnel of Towerstream and its sub-contractors reasonable access to the Customer’s site for the purpose of installing, repairing, and removing the Towerstream equipment and, if necessary, Customer shall obtain appropriate authorization from the landlord.

If Towerstream’s network is not performing as stated below, Customer is entitled to a credit. The three components of the Towerstream Service Level Agreement are:

• Service Availability Guarantee: Towerstream guarantees 99.99% network availability, annualized method.
• Network Latency: Less than 75ms round trip delay on Towerstream Backbone, and less than 50ms round trip delay on Towerstream last mile.
• Packet Loss: Packet Loss less than 1% on Towerstream Backbone.

Unless stated otherwise herein, the Customer’s exclusive remedy for loss of connectivity is repair of service and credit for the period of lost connectivity to the Internet. Credits will be paid for loss of connectivity as listed below if the elapsed time from Ticket Open exceeds the following:

• Exceeding 2 hours: 5% of monthly billed site revenue.
• Exceeding 4 hours: 10% of monthly-billed site revenue.
• Exceeding 6 hours: 15% of monthly billed site revenue.

Every subsequent 4-hour increment shall receive an additional 5% credit, the sum of which is not to exceed 100% of the total monthly bill for that location. The period of lost connectivity to the Internet shall be determined by records kept by the Towerstream Network Operations Center (“NOC”) and based on measurements to the Customer Demarcation.

Towerstream will incur no liability and issue no credits due to any causes beyond its reasonable control, including, but not limited to, Acts of God, War, Strikes, electrical storm, hurricane and, if needed, lack of access to its equipment at the Customer Site. All monies owed Towerstream and not in dispute must be paid in full before a credit is applied.

Credits must be requested within 30 days of service outage. The Customer is responsible for providing adequate voltage surge protection with a UPS for the Towerstream router/equipment at the Customer Demarcation.