Aryaka provides this SLA subject to the Aryaka Networks, Inc. Master Subscription Agreement (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 https://www.aryaka.com/aryaka-service-level-agreement.

Capitalized terms used in this SLA but not defined herein shall have the same meanings as set forth in 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. “DIA” means Dedicated Internet Access.
  6. “Dual ISP” means two last mile links from two separate ISPs connected to an ANAP over two separate physical paths. Two links from the same ISP shall not be considered a Dual ISP.
  7. “Enterprise LMC Services” shall include: Dedicated Internet Access (DIA), Ethernet Virtual Private Line (EVPL or P2P).
  8. “ICMP” means Internet Control Message Protocol.
  9. “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.
  10. “IP” means Internet Protocol.
  11. “Internet Service Provider” (“ISP”) means any 3rd party carrier providing a Link to the Customer site.
  12. “L2PrivateCore” or “PrivateCore” (without “L2” prefix) means Layer-2 based network within the Aryaka network.
  13. “L3EnhancedCore” or “L3PrivateCore” means Layer-3 based network within the Aryaka network.
  14. “Last Mile Circuit” (“LMC”) means the physical link (wired or wireless) that is used to connect Customer’s premise to the closest Aryaka POP as further described under the Services Description and Terms available at www.aryaka.com/services-terms/.
  15. “Link” means the pair of sites connected using the Services.
  16. “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.
  17. “MTTR” means Mean Time To Repair.
  18. “Network Optimization” means Aryaka initiated strategic resourcing activities of Links, which Aryaka, at its sole discretion, deems appropriate to support ongoing performance, responsiveness and quality consistent with this SLA.
  19. “Packet Loss” (PL) means 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.
  20. “POP” means point of presence.
  21. “Scheduled Maintenance” means a scheduled maintenance window, of which Customer will be advised forty-eight (48) hours in advance.
  22. “Service” or “Services” means the Aryaka services provided to Customer pursuant to the Agreement.
  23. “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.
  24. “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.
  25. ”Small & Medium Business” (“SMB”) LMC Services” shall include: Broadband, DSL, wireless service (4G/5G/LTE) and any future LMC link technology not explicitly included in Enterprise LMC Services.
  26. “WAN” means Wide Area Network.

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.

I . 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(as used in this SLA “Down” means not operating).
  • Tunnel means:
    1. The site-to-site Tunnel over the Internet between two ANAPs for a site pair;
    2. An Azure virtual WAN Tunnel between an ANAP and an Azure hub; or
    3. A cloud security Tunnel between an ANAP and a 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 or SmartConnect-EZ-SiteLicense
  2. SmartConnect-ANAP-HA
  3. SmartConnect-LastMileService with dual ISP
Service Level Target:
  • Uptime of 99.99% for site pairs with ANAP HA and Dual ISP using the Last Mile Service at both sites in the site pair.
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 measured 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 month Service Credit
30 min < Down Time <= 60 min 5% of Link Service Fees for the applicable month
60 min < Down Time <= 120 min 10% of Link Service Fees for the applicable month
120 min < Down Time 20% of Link Service Fees for the applicable month

II. 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 99.999%
  • 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 period for which the Link is Down, as follows:

Down Time in a month Service Credit
5 min < Down Time <= 60 min 5% of Link Service Fees for the applicable month
60 min < Down Time <= 120 min 10% of Link Service Fees for the applicable month
120 min < Down Time 20% of Link Service Fees for the applicable month

III. 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.

IV. 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.

V. 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.

VI. L3EnhancedCore-Uptime-Service Level

Applicable to the following Services:

a. SmartConnect-EZ-SiteLicense

Service Level Target:
  • Uptime of 99.99%
  • Monitored every minute
  • Measured on a monthly basis
  • Aryaka POP to POP measurement for each site pair over L3Enhanced Core
Measurement:

Aryaka will do a 64-byte ping every second between the POPs over L3Enhanced Core 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 Thirty 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 month Service Credit
30 min < Down Time <= 300 min 5% of Link Service Fees for the applicable month
300 min < Down Time <= 600 min 10% of Link Service Fees for the applicable month
600 min < Down Time 20% of Link Service Fees for the applicable month

VII. 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 ANAP-HA Service Fees for each Incident. The Service Credit is limited to one Incident per day.

VIII. 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 POP-HA Service Fees for each Incident. The Service Credit is limited to one Incident per day.

IX. 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 month Service Credit
5 min < Down Time <= 60 min 5% of Hosted VM Service Fees for the applicable month
60 min < Down Time <= 120 min 10% of Hosted VM Service Fees for the applicable month
120 min < Down Time 20% of Hosted VM Service Fees for the applicable month

X. 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.
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%).

XI. 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 month Service Credit
5 min < Down Time <= 60 min 5% of the Domain Service Fees for the applicable month
60 min < Down Time <= 120 min 10% of the Domain Service Fees for the applicable month
120 min < Down Time 20% of the Domain Service Fees for the applicable month

XII. SmartConnect-LastMileService Installation Service Level

Delivery timelines are defined by using the working days specified for a given region. The delivery commitment is calculated as the difference between RFS (Ready for Service) Date and the Order Form Effective Date, exclusive of any approved changes to the RFS 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 LMC 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 ISP Last Mile Circuit 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.
  • When a site survey is required by the ISP which delays the install.
  • When a build, riser or lateral is required to reach the ISP demarcation point.
  • Force majeure events.

Committed Delivery Time applies to Enterprise LMC Services and varies according to the region and country and conditions at the site. Delivery credits are not available for SMB LMC Services.

cdt
  • The Service Credit for delay in the Last Mile delivery date of a service unit is a percentage of the MRC. Percentage to be applied per region is indicated in the table above.
  • Service Credits cannot be cumulated: Service Credits are calculated by using the Service Credit most favorable to Customer among those claimed by following the defined procedure and provided a proven and formal claim from Customer exists.
  • The maximum total Service Credit available under this provision is10% of the Link MRC.

XIII. SmartConnect-LastMileService Service Level

Applicable to the following Service:

SmartConnect-LastMileManagement

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, which includes an ANAP at Customer site.
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 the links, in aggregate, show more than 50% loss of traffic during a measured minute.
Dependencies:

Target availability for Last Mile depends on the geographic location and the topology of a site. For general purposes, 5 different Class of Locations have been established, with the targets in the table on the following page:

dependencies

* In case of ANAP failover or POP failover, failover time is not considered in calculating LMC service downtime.
[continues next page]

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 topology type:

  1. Dual Access topology below target will qualify for a Service Credit of 10% of MRC.
  2. Single Access topology 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 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 of corresponding site.
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.

XIV. Last Mile Service Level: MTTR (Mean Time to Resolve) Service Level
Applicable to the following Service:

SmartConnect-LastMileManagement

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 opened 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 site conditions topology . For general purposes, 5 different Class of Locations have been established, with the following targets:
Target:
Class A Class B Class C Class D RE
4 Hrs 6 Hrs 12 Hrs 24 Hrs Reasonable Endeavour
Service Credits:
Number of Hours beyond the relevant target time scale that the fault remains unsolved Access Type
Single Access Dual Access
Between 1 to 8 Hours 10.00% 10.00%
More than 8 Hours 20.00% 20.00%

Service Credits are applicable on LMC Link MRC.

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 month Credits 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

Priority Matrix Incident Management – Definition:

Priority Matrix Incident Management

Service Level Incident Management:

Service Level Incident Management

Service Level Change Management:

Service Level Change 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.
  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.
  11. Any circumstances or factors beyond Aryaka’s reasonable control (including Force Majeure).

LMC Specific Exclusions:

In addition to any exclusions set forth elsewhere in this SLA, including the General SLA 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. 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.
  4. Interruptions or Service degradation caused by the 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.
  5. Loss of power at Customer site.
  6. Refusal by Customer to cooperate with Network Optimization activities designed to optimize link performance. Legacy links in place after a Network Optimization refusal shall be excluded from all SLAs.

[End of Service Level Agreement]

Appendix-A

POP to POP Latency in Milliseconds

core sla mapping list

[End of Appendix A]

Appendix-B

Jitter in Milliseconds Between Two POPs in Different Regions

The POPs in each region are as specified in the Services Description and Terms www.aryaka.com/services-terms/ under Table 1.

pops regions

*UCM = United States, Canada & Mexico

*APJK Asia Pacific, Japan & Korea

[End of Appendix B]

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