CIRBN’s goal is for 100% uptime of Services available through the Network. A Service Interruption occurs when the Customer’s Port is unable to transmit and receive data. A Service Interruption Period starts when a Customer reports the interruption of service to CIRBN and ends when Service is restored. CIRBN’s website (www.cirbn.org) provides additional details regarding CIRBN’s maintenance procedures and schedules.
In the event of a Service Interruption, Customer may request credits against future monthly charges as set forth in this Agreement. CIRBN will provide credits for service disruptions unless applicable restrictions or exclusions applies. Service Interruption credits shall be calculated as follows:
Each cumulative hour that occurs associated with a Service Interruption Period qualifies Customer for a credit of two hours of charges pro-rated from the monthly recurring charge. The maximum credit for a single outage for any specific Service Interruption will be one month’s recurring charge.
Customer shall be responsible for all maintenance and repair of the Customer provided connection facilities and equipment on the Customer’s side of the Customer Port. Notwithstanding any other provision herein, the above credits shall be the sole and exclusive remedy of Customer for Service Interruptions.
Restrictions and Exclusions
A Service Interruption will not be deemed to have occurred in the event that the Service is unavailable or impaired due to any of the following reasons:
- Interruptions on a Service not provided in accordance with your selected Service Plan.
- Interruptions that are a result of failures of circuits, equipment or any other facilities or services that are outside of the Network.
- Interruptions caused by the negligence, error or omission of Customer or others authorized by Customer to use or modify Customer’s service;
- Interruptions due to failure of power at Customer premises or failure or poor performance of Customer premise equipment;
- Interruptions during any period in which CIRBN or its agents are not afforded access to the premises where the access lines associated with Customer’s service are terminated, provided such access is reasonably necessary to prevent a degradation or to restore service;
- Interruptions during any period when CIRBN has posted on the CIRBN website (www.cirbn.org) or communicated to Customer in any other manner that Customer’s service will be unavailable for maintenance or rearrangement purposes, or Customer has released the service to CIRBN for the installation of a customer service order;
- Interruptions during the CIRBN standard maintenance window as set forth on the CIRBN website (www.cirbn.org);
- Interruptions during any period when Customer elects not to disrupt the Customer’s Service for testing and/or repair and continues to use it on an impaired basis;
- Interruptions resulting from force majeure events beyond the reasonable control of CIRBN as defined in this Agreement including, but not limited to, acts of God, government regulation, labor strikes, national emergency or war (declared or undeclared);
- Interruptions resulting from Customer’s use of Service in an unauthorized or unlawful manner;
- Interruptions resulting from a CIRBN disconnect for Customer’s breach of a term set forth in the Agreement pursuant to which CIRBN is providing the service to Customer;
- Interruptions due to improper or inaccurate network specifications provided by Customer;
- Special configurations of the standard Service that have been mutually agreed to by CIRBN and Customer; provided, however, CIRBN may provide a separate service level agreement to Customer for those special configurations; or
- Interruptions related to fiber lateral and fiber Customer Premise Equipment,
- Interruptions due to service that has been filtered or terminated due to abuse (Originating SPAM, virus, hacking DoS/DDoS attacks or other compromised activity), or
- Interruptions or service degradation caused by exceeding the capacity of the last mile circuit.
Service Level Agreement Updates
CIRBN reserves the right to modify this agreement at any time by updating the Service Level Agreement on the CIRBN website: www.cirbn.org