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Dedicated Internet Access Terms & Service Level Agreement (SLA).
This Dedicated Internet Access SLA is to be read in conjunction with the DIA Service Specific Terms and Conditions ("DIA Service Terms").
1.1. This SLA shall only apply to DIA Service provided and managed by us with both the originating and terminating ends located locally and shall exclude any and all access circuit portion(s) provided by a third party and all other customer premises equipment. This SLA supersedes any and all past SLA with effect from the Effective date.
2.1. We will offer you the following Service Level Agreements:
2.2. If we are unable to meet any of the agreements, you are eligible to claim applicable service credits as set forth below in this SLA.
3.1. We will install and provision the DIA Service within 6-8 weeks measured from the date we accepted your Application, and subject to KDS Fiber network coverage, availability of network, service, resources, access, in-building cabling and tray and the procurement of all relevant approvals.
3.2. Subject to clauses in the DIA Service Terms, you may cancel the part of the DIA Service that we are unable to provide, without paying any cancellation charges on that part, if we are unable to provision and activate the DIA Service 14 days beyond the RFS date or our provisioning lead-time.
We agree on a monthly network uptime of 99.96% using commercially reasonable endeavors.
4.1. The Service Uptime shall be calculated as follows:
4.2. You are eligible to "Service Uptime Service Credit" for an Outage if the Service Uptime falls below 99.95%.
| Cumulative Monthly Outage Duration | Service Credit |
|---|---|
| Less than 8 hours | 15% |
| From 8 hours to less than 16 hours | 20% |
| From 16 hours to less than 24 hours | 30% |
| Over 24 hours | 40% |
We shall not be liable for any service credit in any case where you do not present the claim for service credit to us within thirty (30) business days after the date on which the SLA is not met.
We may, as determined by us, set off the amount of service credit against your next bill. Under no circumstances will we be obligated to make any refund to you by way of cash payment.
Limitation of Liability: We shall not be liable to you or to any representative claiming through you for any direct, indirect, consequential or incidental damages or losses or expenses whatsoever, including but not limited to, loss of profits or business.