1. “Smart Access” means usage of Aryaka’s global network for accelerating remote-access virtual private network (VPN) connectivity with cloud-based management and visibility using MyAryaka.

    Terms for use of Smart Access Services, when such Services are purchased by Customer:

    (i) Aryaka reserves the right to limit the total number of User sessions if, and when, the number of simultaneous User sessions exceeds the number of sessions designated in the particular User Pack purchased by Customer.

    (ii) Aryaka reserves the right to limit the maximum network data transfer rates that can be achieved over the Aryaka Network if, and when, the aggregate data usage exceeds the data usage allocation schedule specified in the applicable Smart Access Table 1, below.

    (iii) It is understood and agreed that the Smart Access Services will be delivered by Aryaka only from the list of POPs set forth in the applicable Smart Access Table 2, below.

  1. “SmartCDN” means usage of either the Web Application Delivery as-a-Service (WADS) or IP Application Delivery-as-a-Service (IADS) which are used for accelerating any web or IP-based public applications over Aryaka’s global network using capabilities such as, for example, TCP optimization, caching and compression with cloud-based management and visibility using MyAryaka.

    Terms of use of SmartCDN Services, when such Services are purchased by Customer:

    (i) Aryaka reserves the right to choose the edge POPs and Origin POPs to deliver the Services on its global network.

    (ii) Aryaka reserves the right to limit the maximum data transfer rates achieved over the Aryaka network based on the aggregate commits purchased.

  1. “SmartCONNECT means Aryaka’s global SD-WAN service that combines a global optimized private network, SD-WAN functionality at the edge, L3 VPN connectivity, cloud connectivity, wan optimization capabilities including compression, data deduplication, application acceleration proxies, and SmartLink with cloud- based management and visibility using MyAryaka.

    Terms of use of SmartConnect Services, when such Services are purchased by Customer:

    (i)   Aryaka reserves the right to choose the ANAP device type based on Customer subscription and capabilities desired.

    (ii)  Aryaka reserves the right to choose and or move sites to a POP for connecting a site to its network based on providing optimal service delivery.

  1. Last Mile Circuits. Terms for use when such Services are purchased by Customer:

    (i) All charges for each Last Mile Circuit Service will commence when each particular circuit is provisioned and ready for service, and the ready for service date is communicated to the Customer. Such charges shall commence as set forth in the preceding sentence regardless of whether or when other Aryaka Services are provisioned.

    (ii) Upon completion of the site survey of Customer’s premises, the particular third-party service provider will advise Aryaka if there will be: (a) additional charges for providing service above the charges previously quoted to the Customer. In any such case, Aryaka will propose the associated cost changes to the Customer; (b) “no service available” or equivalent, or if a redesign is required. Aryaka will then undertake to locate an alternate provider for the Last Mile Circuit. Aryaka will propose the alternate Last Mile Circuit together with the associated cost changes to the Customer. The Customer has the right to reject the proposed charges within five (5) days of receipt of the proposal. If the Customer rejects the proposal, then the original order for the Last Mile Circuit will be automatically cancelled with no early termination fees.  The proposal will be considered accepted if not so rejected by the Customer within the 5-day period.

    (iii) All start or completion dates provided at the time of signing the Last Mile Circuit order are advisory and non-binding. The final service activation date will be provided after the third-party service provider has completed the site survey of Customer’s premises.

    (vi) Aryaka will not be responsible for delays in (i) completion of internal wiring, (ii) the Customer responding to requests for additional information, or (iii) gaining access to the Customer’s premises to have the service installed.

    (v) All Last Mile Circuit quotes are based on providing connectivity to the Minimum Point Of Entrance (MPOE). All wiring from the MPOE to Customer’s facilities or equipment is the responsibility of Customer. Upon written request from Customer, Aryaka will advise whether it has the capability to provide the internal wiring, together with an estimate of the associated extra cost.

    (vi) For all Last Mile Circuits, the Mean Time to Repair and the Service Availability Service Level Agreement will, as provided by (or limited by, as the case may be), the particular third-party service provider, depend upon the type of circuit that is ordered. Aryaka will pass through to Customer any service credits that become due to the Customer from the third-party service provider for violations of the service provider’s applicable service level agreement.

  1. Enterprise Services. Terms for use for SmartConnect Enterprise Services, when such Services are purchased by Customer:

    Customer’s purchase of the optimized bandwidth will be on a per region basis and can be allocated only among the sites in a particular region. Regions are:

    (i) US, Canada and EMEA
    (ii) China (Mainland China)
    (iii) South Africa/Dubai
    (iv) South America/Australia
    (v) APAC (Singapore, Hong Kong, Taiwan, Japan, Korea, India, Israel

    The sites can consume capacity in a region subject to availability of the site license required for consuming that capacity.  Priced in units of sites tiered on capacity:

    (i) Up to 20 Mbps
    (ii) Up to 100 Mbps
    (iii) Up to 200 Mbps

    Customer may add sites, provided that Customer does not exceed the maximum number of site licenses purchased for that capacity tier.

    Site moves, bandwidth reallocation and add-on relocations are limited to no more than one (1) change per site in any given month.

    Customer cannot exceed the purchased aggregate bandwidth, number of site licenses and/or service limits as set forth in the Order Form. Customer will be notified, in writing if such event occurs, and the Parties have to agree to enter into an amended order form.

    A billing schedule based on the deployment dates shall be set forth in the Order Form.

  1. Terms for Bursting, when such Services are purchased by Customer:

    (i) Bursting is applicable only for bandwidth and is calculated per region using an industry standard of 99th percentile on a monthly basis.

    (ii) Customers will pay an additional usage fee, as set forth in the Order Form, for the extra bandwidth used.

    (iii)  A site may burst up to a maximum of 1.5 times it SBW.

    (iv) The burst rate is limited to a maximum of 100 Mbps.

  1. Terms for Oversubscription, when such Services are purchased by Customer:

    (i) Oversubscription is applicable for bandwidth, sites, Last Mile Management and HA ANAPs.

  1. Link Monitoring. If Aryaka receives an executed Letter of Authorization (LOA) from Customer, Aryaka will proceed with the following link monitoring services as part of the Last Mile Circuit Management:
    • Monitor the last mile link 24x7x365 by pinging between Aryaka’s POP and the end-user device.
    • Pings occur once per second and Aryaka reports average packet loss and latency by the minute.
    • Aryaka monitoring team to be alerted when the rolling average for either latency or packet loss exceeds the applicable thresholds set forth in the SLA.
    • As specified in the Last Mile Management SLA terms, in the event of an incident where latency or packet loss exceed the applicable thresholds, or the last mile tunnel becomes unavailable, Aryaka will follow up with Customer, Customer’s Internet Service Provider (ISP), or both.
    • In working with each ISP, Aryaka will comply with any incident resolution priority or escalation matrix provided by the ISP.

    Aryaka disclaims responsibility for any ISP failing to restore service in accordance with the ISP’s SLA.  Aryaka is not responsible for procuring ISP links or other non-Aryaka links for Customer.

SMART ACCESS TABLES
TABLE 1 – DATA USAGE ALLOCATION SCHEDULE

User Pack Data Usage Allowed (Limit)
50 100 GB
100 200 GB
250 500 GB
500 1 TB
1000 2 TB
>1000 No Limit

 

TABLE 2 – LIST OF POPS FOR DELIVERY OF SMART ACCESS SERVICES

San Jose Ashburn
Miami Chicago
Dallas London
France Amsterdam
Johannesburg Dubai
Seoul Tokyo
Beijing Shanghai3
Sydney Hong Kong
Taipei1 Tel Aviv
Sao Paulo Bangalore
Chennai Delhi
Frankfurt Los Angeles
Mumbai Seattle
Singapore Tokyo
Toronto