Business Service Level Agreement

Network Availability Guarantee

Helio Broadband’s network is guaranteed to be available and capable of forwarding IP packets 99.99% of the time, averaged over a calendar month. Helio Broadband’s IP network includes the customer access port (the port on the Helio Broadband aggregation router upon which the customer’s circuit terminates) and the Helio Broadband IP backbone network. The Helio Broadband IP backbone includes Helio Broadband owned and controlled routers and circuits, including any transit connections. Helio Broadband’s Network Availability Guarantee does not include the customer’s Local Area Network (LAN), local access circuit (e.g. local loop), scheduled and unscheduled maintenance events, Customer Premise Equipment (router or CPE), customer caused outages or disruptions, interconnections to or from and within other Internet Service Provider (ISP) networks, Helio Broadband dial-up, DSL or hosting services, and force majeure events. If the Network Availability Guarantee is not met in a calendar month, the customer is eligible to receive a credit up to 1/30th of the monthly service charge (MRC) for that month for each full hour of outage in excess of the 99.99% guaranteed under this SLA up to a maximum of one month’s recurring charge.

Latency Guarantee

The Helio Broadband network (as defined in the previous section) is guaranteed to have an average round trip packet transit time within the Helio Broadband backbone network over a calendar month of 65ms or less. The average network latency is measured as the average of 5 minute samples taken throughout the month. The Helio Broadband Latency Guarantee does not include the customer’s Local Area Network (LAN), local access circuit (e.g. local loop), scheduled and unscheduled maintenance events, Customer Premise Equipment (router or CPE), customer caused outages or disruptions, interconnections to or from and within other Internet Service Provider (ISP) networks, Helio Broadband dial-up, DSL or hosting services, and force majeure events. If the Latency Guarantee is not met in a calendar month, the customer is eligible to receive a credit up to 1/30th of the monthly service charge (MRC) for that month for each full 1ms above the 65ms average maximum guaranteed under this SLA up to a maximum of one month’s recurring charge.

Bandwidth Availability Guarantee

Helio Broadband’s network is guaranteed to be capable of delivering the contracted bandwidth 99.99% of the time, subtracting all overhead associated with delivery protocols, averaged over a calendar month. Guarantee does not include scheduled and unscheduled maintenance events, Customers premise Equipment (router or CPE), customer caused outages or disruptions, interconnections to or from and within other Internet Service Provider (ISP) networks, and force majeure events. If the Bandwidth Availability Guarantee is not met in a calendar month, the customer is eligible to receive a credit up to 1/30th of the monthly charge (MRC) for that month for each full hour of outage in excess of the 99.99% guaranteed under this SLA up to a maximum of one month’s recurring charge.

Packet Loss Guarantee

The Helio Broadband network is guaranteed to have a maximum average packet loss of 1 percent or less during any calendar month.

Credit Requests

Helio Broadband will offer credits outlined above should these guarantees not be met, subject to verification by Helio Broadband. Requests for credits must be in writing and received by Helio Broadband no later than seven days from the disruption in service as outlined in the guarantees above. Customers requesting credits must have opened a trouble ticket with the Helio Broadband Network Management Center (NMC) at the time of the incident. Please allow one week for credit requests to be adequately researched by Helio Broadband prior to posting to a customers’ account. Total credits under this SLA are limited to the monthly service charge for the month in which the service does not meet the commitment. Concurrent events will not provide consecutive credits. Requests for credits may be emailed to Helio Broadband support@heliobroadband.com/