Aryaka provides this SLA subject to the Agreement and the terms set forth herein. Aryaka has the right to update the SLA from time to time without notice. The most current version of the SLA is set forth at Aryaka Service Level Agreement. Capitalized terms used in this SLA but not defined herein have the meanings in the Aryaka Networks, Inc. Master Subscription Agreement (the “Agreement”).

Definitions

  1. “ANAP” means Aryaka Network Access Point hardware.
  2. “Claim” means a claim submitted by Customer to Aryaka pursuant to this SLA that a Service Level has not been met and that a Service Credit may be due to Customer.
  3. “Customer” means the organization that has entered into an Agreement under which it has purchased and deployed Services.
  4. “Customer Support” means the services by which Aryaka may provide assistance to Customer to resolve issues with the Services.
  5. “Incident” means any set of circumstances resulting in a failure to meet a Service Level; provided, however, if service failure or delay occurs across multiple sites due to the same cause or event, it shall be considered one incident and not multiple incidents.
  6. “Link” means the pair of sites connected using the Services.
  7. “Link Service Fee” means, for a specific Link at a specific site, the total of the monthly fees for the impacted Services that are attributable to the Link. The Link Service Fee is calculated by dividing the monthly fees for the impacted Services for the site by the total number of remote sites connecting to that specific site. (Link Service Fees = Monthly Recurring Charge (“MRC”) for the impacted Services for the site/Total Number of remote sites connected to the site).
  8. “Scheduled Maintenance” means a scheduled maintenance window, of which Customer will be advised forty-eight (48) hours in advance.
  9. “Service” or “Services” means the Aryaka services provided to Customer pursuant to the Agreement.
  10. “Service Credits” means credits against future payments of fees otherwise due from Customer for the Service with respect to which a Service Level failure occurred.
  11. “Service Level” means standards Aryaka chooses to adhere to and by which it measures the level of service it provides, as specifically set forth in this SLA.
  12. “SLA” means this Service Level Agreement.

Service Credit Claims

Aryaka provides this SLA subject to the following terms.

  1. Claims must be submitted by Customer to Customer Support by the end of the billing month directly following the billing month in which the Incident, which is the subject of a Claim, occurs.
  2. Customer must provide to Customer Support all reasonable details regarding the Claim and Incident, including but not limited to, detailed descriptions of the Incident(s), the duration of the Incident, tickets raised with Customer Support and any attempts made by Customer to resolve the Incident (any confidential or sensitive information should be removed or replaced with asterisks).
  3. If a Service Level failure pertaining to the Incident reported on the Claim that would result in Customer being entitled to a Service Credit pursuant to this SLA is confirmed by Aryaka, then Aryaka will issue the applicable Service Credit to Customer within one billing cycle following the month in which the Claim is confirmed by Aryaka. Customer’s failure to submit the Claim or provide the other information as required above will disqualify Customer from receiving a Service Credit.
  4. Aryaka will apply any Service Credits only against future payments of fees otherwise due from Customer for the Service with respect to which the Service Level failure occurred. Service Credits will not entitle Customer to any refund or other payment from Aryaka. Service Credits may not be transferred or applied to any other account. Service Credits are Customer’s sole and exclusive remedy for any unavailability, non-performance, or other failure of Aryaka to provide the Services in accordance with the terms of this SLA.
  5. The Service Credits awarded in any billing month shall not, under any circumstance, exceed 25% of the impacted site/service Customer’s monthly fees. This limitation is in addition to any limitations applicable to specific Service Levels, as described in this SLA.

Tunnel-Down-Notification-Response-Service Level

Applicable to the following Services:

a. SmartConnect-InternetVPN

Service Level Target:
  • Aryaka will inform Customer by email within 30 minutes of Aryaka detecting that the tunnel is down.
  • Tunnel means:
    1. The site-to-site tunnel over the Internet between two ANAP for a site pair;
    2. An Azure virtual WAN tunnel between ANAP and Azure hub; or
    3. A Cloud security tunnel between ANAP and third-party cloud gateway (i.e., Zscaler, Palo Alto).
Measurement:

Aryaka will monitor the tunnel and report the tunnel status every minute. The tunnel is considered down if the loss exceeds a certain threshold determined by Aryaka. The measurements are done using (but not restricted to) ICMP pings.

Service Credit:

If, for a given site, Aryaka fails to meet the Tunnel Down-Notification-Response-Service Level more than three (3) times in the same month, Customer is eligible for a Service Credit of 10% of the impacted sites’ monthly service fees for the specific Service for the applicable month.

End-to-End-Uptime-Service Level

Applicable to sites that have ALL of the following Services:
  1. SmartConnect-PrivateCore-SBW
  2. SmartConnect-ANAP-HA
  3. SmartConnect-LastMileService with dual ISP’s
Service Level Target:
  • Uptime of 99.9% for sites with POP HA and dual ISP’s using the Last Mile Service.
Measurement:
  • Aryaka will do a 64-byte ping every second between the ANAP deployed at the Customer site and the nearest POP connected to it.
  • Aryaka will do a 64-byte ping every second between the POPs to which Customer sites are connected.
  • End-to-end packet loss is the sum of the loss on individual segments. End-to-end packet loss is measure on one-minute interval.
  • The Service will be marked as down for every one-minute interval where the end-to-end packet loss exceeds 50%.
  • Monthly minutes are calculated based on the actual number of monthly minutes.
Service Credit:

If the Service is down for more than 30 minutes in a month, Customer is eligible for a Service Credit based on the duration for which the Service is down, as follows:

Down Time in a monthService Credit
30 min < Down Time <= 60 min5% of Link Service Fees for the applicable month
60 min < Down Time <= 120 min10% of Link Service Fees for the applicable month
120 min < Down Time20% of Link Service Fees for the applicable month

PrivateCore-Uptime-Service Level

Applicable to the following Services:
  1. SmartConnect-PrivateCore-SBW
  2. SmartCloud-PrivateCore-SBW
  3. SmartSecure-Secure-Remote-Access SBW-Worldwide
Service Level Target:
  • Uptime of 99.99%
  • Monitored every minute
  • Measured on a monthly basis
  • Aryaka POP to POP measurement for each site pair
Measurement:
  • Aryaka will do a 64-byte ping every second between the POPs to which Customer sites are connected. The Packet Loss for every one-minute interval is calculated by dividing the number of failed ping measurements by the total number of ping measurements done in that minute. The link between a POP pair is considered down if the Packet Loss exceeds 50%. Down Time is the number of minutes in a month that the Link is down.
Service Credit:

If the Link is down for more than five minutes in a month, Customer is eligible for a Service Credit based on the duration for which the Link is down, as follows:

Down Time in a monthService Credit
5 min < Down Time <= 60 min5% of Link Service Fees for the applicable month
60 min < Down Time <= 120 min10% of Link Service Fees for the applicable month
120 min < Down Time20% of Link Service Fees for the applicable month

PrivateCore-PktLoss-Service Level

Applicable to the following Services:
  1. SmartConnect-PrivateCore-SBW
  2. SmartCloud-PrivateCore-SBW
  3. SmartSecure-Secure-Remote-Access SBW-Worldwide
Service Level Target:
  • Packet Loss of less than 0.1%
  • Monitored every minute
  • Measured on a monthly basis
  • Aryaka POP to POP measurement for each site pair
Measurement:
  • Aryaka will do a 64-byte ping every second between the POPs to which Customer sites are connected. The Packet Loss for every one-minute interval is calculated by dividing the number of failed ping measurements by the total number of ping measurements done in that minute. Packet Loss for the month is calculated by taking the average of the Packet Loss for each minute.
Service Credit:

If the average packet loss for a month exceeds 0.1%, Customer is eligible for a Service Credit of 10% of the Link Service Fees for the applicable month.

PrivateCore-Latency-Service Level

Applicable to the following Services:
  1. SmartConnect-PrivateCore-SBW
  2. SmartCloud-PrivateCore-SBW
  3. SmartSecure-Secure-Remote-Access SBW-Worldwide
Service Level Target:
  • Latency exceeds the specified threshold
  • Monitored every minute
  • Measured on a monthly basis
  • Aryaka POP to POP measurement for each site pair
Measurement:
  • Aryaka will do a 64-byte ping every second between the POPs to which Customer sites are connected. The Latency for a month is calculated as the standard deviation in the latency reported by successful ping measurements in that month.
Service Credit:

If Monthly Latency value for a POP pair exceeds the values specified in the matrix (Appendix-A), Customer is eligible for a Service Credit of 10% of the Link Service Fees for the applicable month.

PrivateCore-Jitter-Service Level

Applicable to the following Services:
  1. SmartConnect-PrivateCore-SBW
  2. SmartCloud-PrivateCore-SBW
  3. SmartSecure-Secure-Remote-Access SBW-Worldwide
Service Level Target:
  • Jitter exceeds the specified threshold
  • Monitored every minute
  • Measured on a monthly basis
  • Aryaka POP to POP measurement for each site pair
Measurement:
  • Aryaka will do a 64-byte ping every second between the POPs to which Customer sites are connected. The Jitter for a month is calculated as the standard deviation in the latency reported by successful ping measurements in that month.
Service Credit:

If the Monthly Jitter value for a POP pair exceeds the values specified in the matrix (Appendix-B), Customer is eligible for a Service Credit of 10% of the Link Service Fees for the applicable month.

ANAP-HighAvailability-Service Level

Applicable to the following Services:

a. SmartConnect-ANAP-HA

Service Level Target:
  • Failover to the Standby ANAP in less than 5 minutes.
Measurement:

Aryaka will count the number of minutes it takes for the Standby ANAP to take over the role of an Active ANAP after the failure of an Active ANAP.

Service Credit:

If the Standby ANAP takes more than 5 minutes to assume the role of an Active ANAP after the failure of an Active ANAP, Customer is eligible for a Service Credit of 10% of the Site’s MRC for each Incident. The Service Credit is limited to one Incident per day.

SmartConnect-POP-HighAvailability-Service Level

Applicable to the following Services:

a. SmartConnect-POP-HA

Service Level Target:
  • Failover to the Standby Site in less than 5 minutes
Measurement:

Aryaka will count the number of minutes it takes for the Standby Site to take over the role of an Active Site after the failure of an Active Site.

Service Credit:

If the Standby Site takes more than 5 minutes to assume the role of an Active Site after the failure of an Active Site, Customer is eligible for a Service Credit of 10% of the Site’s MRC for each Incident. The Service Credit is limited to one Incident per day.

Hosted-Firewall-Service Uptime Service Level

Applicable to the following Service:

a. SmartSecure-Hosted-Firewall-Service

Service Level Target:
  • Uptime of 99.99%
Measurement:
  • The Service is considered available down if Aryaka’s monitoring system detects that the VM is down. Aryaka will monitor the VM status and not the guest OS running in the VM.
Service Credit:

If the VM is down for more than 5 minutes in a month, Customer is eligible for a Service Credit based on the duration for which the VM is down, as follows:

Down Time in a monthService Credit
5 min < Down Time <= 60 min5% of Hosted VM Service Fees for the applicable month
60 min < Down Time <= 120 min10% of Hosted VM Service Fees for the applicable month
120 min < Down Time20% of Hosted VM Service Fees for the applicable month

Managed-Firewall-Service Service Level

Applicable to the following Services:

a. SmartSecure-Managed-Firewall-Service

Service Level Target:
  • Measured as response times
  • Measured on a monthly basis
  • Dependent upon the support procured by Customer from the Firewall Vendor and the Firewall Vendor’s provision of the support.
Service Level Incident Management:
service level change management
Service Level Change Management:
service level change management
Violation:

For a given service, if Response time for SLA is not met for more than 3 times in a month, there is an SLA violation.

Service Credit:

For a given Service, if Aryaka fails to meet any Response time Service Level more than 3 times in a month, Customer is eligible for a Service Credit of 10% of the Site’s MFS fee for the applicable month (Site-MFS-Fees x 10%).

SmartCDN & Secure Remote Access Service Level

Applicable to the following Service:

a. SmartCDN

Service Level Target:
  • 99.99% uptime
Measurement:

Aryaka will send probes every 1 minute from all the edge locations, testing the Origin and Aryaka path. A specific Edge probe is said to have failed if the Origin Probe succeeds and the Edge Probe fails for three consecutive measurements. The service is considered down if more than 50% of the Edge probes fail.

Service Credit:

If the Service is down for more than 5 minutes in a month, Customer is eligible for a Service Credit based on the duration for which the Service is down, as follows:

Down Time in a monthService Credit
5 min < Down Time <= 60 min5% of the Domain Service Fees for the applicable month
60 min < Down Time <= 120 min10% of the Domain Service Fees for the applicable month
120 min < Down Time20% of the Domain Service Fees for the applicable month

SmartConnect-LastMileService Installation Service Level

Delivery timelines are applicable in the working days of the region. The delivery commitment is calculated as the difference between RFS Date (Ready for Service) and Order Acceptance Date.

Delivery Commitment Time = RFS Date – Order Acceptance Date

Delivery Commitment Time is not applicable and Aryaka will have no liability for any failure to meet the SmartConnect LastMileService Service Level, and no Service Credits will apply, to the extent the failure arises from or is caused by and of the following events:

  • When there is a failure of providing space and power at the Customer’s site for installing the Last Mile vendor or Aryaka-managed equipment.
  • When Aryaka or its agent/sub-agent is not granted access to the site when needed.
  • When Aryaka receives incorrect, incomplete or inaccurate information or instructions from Customer, to deliver the Service.
  • When Aryaka or its agent/sub-agent is unable to contact the person designated as the local contact at the site (by the Customer) and that causes a delay in the delivery.
  • When interruptions, service cancellations, or modifications during installation are requested by the Customer.
  • When the site is not ready for installation.
  • When civil works are needed to install the local tail.
  • When special permits or certifications are required to access the site.
  • Force majeure events.

Committed Delivery Time varies according to the region and country and conditions of the site scenario.

For Ethernet access, it depends on the availability of fiber connectivity at the site. If no fiber is available or the capacity of the fiber is insufficient, these values will be increased in terms of the expected time required for getting the necessary infrastructure.

cdt
  • The Service Credit for delay in the Last Mile delivery date of a Service Unit, is a percentage of the recurring cost. Percentage to be applied per region is indicated in the table above.
  • Service Credits cannot be accumulated, applying the most favorable to Customer among those claimed by following the defined procedure and provided a proven and formal claim from Customer exists.
  • There is a maximum Service Credit of 25% of the Last Mile MRC in a month.

SmartConnect-LastMileService Service Level

Service Level Target:
  • Service Availability for Last Mile defines the percentage of time in a month in which the site is able to reach the Internet breakout point.
  • Offered for circuits procured from Aryaka only.
Measurement:
  • Aryaka will do a 64-byte ping every second between the ANAPs that are the termination points for the Customer’s connectivity. Site is considered down when ALL the links show more than 50% loss for a minute.
Dependencies:

Target availability for Last-Mile depends on the geographic location and the conditions of the site scenario. For general purposes, 5 different Class of Locations have been established, with the following targets:

dependencies
Regions falling under Class A, Class B, Class C, Class D and RE
regions
Service Credits:

If the site availability, in the relevant monthly measurement period, falls below the applicable target due to Last Mile failure, the Customer will be entitled to claim the following Service Credits for Last-Mile as per Access type:

  1. Dual Access below target will qualify for a Service Credit of 10% of MRC.
  2. Single Access below target will qualify for a Service Credit of 5% of MRC.
    • Service Credits for Last Mile unavailability apply if the target site availability figures fall below the applicable target (due to a Last Mile DIA link failure), during the monthly measurement period, against the fault tickets raised by the Customer/reported by Aryaka.
    • Service Credits are applicable on Last Mile MRC for DIA Links.
Service-Credit Calculation:
  • Service availability at the service demarcation point for each Customer site will be calculated as follows:
P = (A – B)/A x 100

P = Percentage availability
A= Number of minutes in the measurement period
B= Number of qualified outage hours/ minutes from the time Aryaka receives notification from the Customer/ from Aryaka monitoring platform, until the time when the fault is resolved.

Exclusions:

Aryaka will have no liability for any failure to meet the SmartConnect-LastMileService Service Level, and no Service Credits will apply, to the extent the failure arises from or is caused by any of the following:

  1. A fault or any other problem that arises with non-Aryaka supplied power or non maintained internal wiring or any other telecommunication equipment not operated by Aryaka or Aryaka managed vendors.
  2. The Customer not performing or a delay in performing any of the Customer responsibilities.
  3. Any circumstances beyond Aryaka’s control, including force majeure events.
  4. The Customer requesting that Aryaka modify the Service at the Customer site or test one although no fault has been detected or reported in accordance with the terms of the Agreement.
  5. Scheduled or emergency maintenance windows.
  6. Missing and/or incorrect configuration in the Customer’s network as well as incorrect information entered into the MyAryaka portal by the Customer.
  7. Customer’s or a third party’s hardware or software.
  8. Interruptions or Service degradation caused by negligence or error of the Customer or any authorized Customer user.
  9. DSL Links.
Last Mile Service Level: MTTR (Mean Time To Resolve) Service Level
Service Level Target:
  • Calculated on a monthly basis.
  • MTTR for Last Mile will be measured as the length of time taken by Aryaka to resolve a fault. Calculation is the number of whole hours from the time a trouble ticket is OPEN and to the time taken to resolve the fault.
Measurement:
  • Aryaka will do a 64 byte ping every second between the ANAPs and the nearest Aryaka POP.
  • Measurement period is per trouble-ticket against the fault tickets raised by the Customer/ reported by Aryaka for DIA Links.
Dependencies:
  • The Service Level target for Last Mile depends on the geographic location and the conditions of the site scenario. For general purposes, 5 different Class of Locations have been established, with the following targets:
Target:
Class AClass BClass CClass DRE
4 Hrs6 Hrs12 Hrs24 HrsReasonable Endeavour
Service Credits:
Number of Hours beyond the relevant target time scale that the fault remains unsolvedAccess Type
Single AccessDual Access
Between 1 to 8 Hours25.00%50.00%
More than 8 Hours50.00%100.00%

Service Credits are applicable on Last Mile DIA Link MRC, pro-rated on a daily basis.

Packet Loss:

Packet Loss (PL) is defined as the percentage of IP packets lost in a round-trip journey for the probe over the route path and are calculated as the average of the results collected every 5 minutes throughout the month.

Packet Loss Service credits:
Packet Drop Percentage within a given monthCredits in terms of MRC of Last Mile for applicable month
> 20%5.00%

Packet loss Service Credits are applicable on Last Mile DIA Link MRC.
Measurement of packet loss for DIA Link is, one ping packet per second from POP to Aryaka CPE/ANAP, averaged to 5 minutes.

Last-Mile Management – Service Assurance Service Level

lastmile management

Exclusions

General SLA Exclusions:

In addition to any exclusions set forth elsewhere in this SLA with respect to specific Service Levels, this SLA and the Service Levels do not apply to and Aryaka will have no liability for Service Credits for any performance, availability or functionality issues to the extent arising from or caused by any of the following:

  1. Scheduled or emergency maintenance windows.
  2. Problems attributable to Customer’s edge link issues.
  3. ANAP hardware failure where the Customer has not elected to include a redundant ANAP as part of the Services.
  4. Missing or incorrect configuration in the Customer’s network or incorrect information entered into the MyAryaka portal by the Customer.
  5. Customer’s or a third party’s hardware, software or other technology.
  6. Actions or inactions of Customer or third parties.
  7. Customer’s use of a Service after Aryaka advised Customer to modify its use of the Service, if Customer did not modify its use as advised.
  8. During beta, pilot and trial Services (as determined by Aryaka).
  9. Acts or omissions of Customer or Customer’s employees, agents, contractors, or vendors, or anyone gaining access to Services by means of Customer’s passwords or equipment.
  10. Aryaka’s suspension or termination of Customer’s right to use the Services in accordance with the Agreement; or
  11. Any circumstances or factors beyond Aryaka’s reasonable control (including Force Majeure).

Additional Circuit Service Level Exclusions

Further, in addition to the exclusions above, in the case of Last Mile Circuits, Service Levels do not apply to and Aryaka will have no liability for Service Credits for any performance, availability or functionality issues to the extent arising from or caused by any of the following:

  1. A fault or any other problem that arises with non-Aryaka supplied power or non maintained internal wiring or any other telecommunication equipment not operated by Aryaka or Aryaka-managed vendors.
  2. The Customer not performing or delaying performance of any of the Customer’s responsibilities.
  3. The Customer requesting Aryaka to modify the Service at the Customer site or test one although no fault has been detected or reported in accordance with the terms of the Agreement.

Appendix-A

core sla mapping list

Appendix-B

The POPs in each region are as specified in Table-1 of the Services Definition.

pops regions