PS Lightwave has designed a maintenance and support plan to meet the needs of the Fiber Optic Network installed by PS Lightwave. The support plan is designed to provide on-site support response within two hours of notification, 24 hours per day, 7 days per week according to the following Service and Maintenance plan:
- Network Availability: PS Lightwave shall make all reasonable efforts to ensure 99.99% network availability of the Applicable Fiber.
- Network Operations Center: PS Lightwave Support Plan is based on providing customer support functions including problem tracking, resolution and escalation support management on a 24x7x365 basis. Customer has the right and is encouraged to call concerning any problems that may arise relative to its connection with PS Lightwave provided services.
- Trouble Reporting: Upon interruption, degradation or loss of service, Customer may contact PS Lightwave by calling 832.615.6000. Minor problems can be reported through e-mail: support@pslightwave.com
Upon contact from the Customer, the PS Lightwave support team will initiate an immediate response to resolve any Customer issue. Customer will receive rapid feedback on trouble resolution, including potential resolution time. - Escalation: In the event that service has not been restored in a timely manner, or the Customer does not feel that adequate attention has been allocated, the Customer can escalate the trouble resolution by request. A list of escalation contacts will be provided when implementation schedule is completed.
- Resolution: The Customer will be notified immediately once the problem is resolved and will be asked for verbal closure of the incident.
- Trouble Reporting, Escalation and Resolution: At the time of contract execution, the Customer agrees to provide PS Lightwave with an overview of its internal procedures for trouble reporting and resolution. The Customer list of escalation contacts will be included in this. The Customer agrees to provide at least customary first level support to assist PS Lightwave in closing the incident report.
- Chronic Service Outage. An affected service shall be deemed to have experienced a Chronic Service Outage to the extent that in any calendar month (i) three or more like/related Service Outages have occurred with each such Service Outage having a duration of more than thirty (30) minutes or (ii) one Service Outage has occurred for a duration of more than forty-eight (48) hours, in each case where the applicable Service Outage has been reported by Carrier to PS Lightwave with respect to any service within ten (10) days. If a Chronic Service Outage occurs, then Carrier shall have the right to terminate the affected service upon providing written notice to PS LIGHTWAVE, without the incurrence of any Early Termination Charge, provided that Carrier terminates the applicable service on or before the expiration of the calendar month in which the Chronic Service Outage occurred. CARRIER’S RIGHT TO TERMINATE THE AFFECTED SERVICE SHALL BE THE CARRIER’S SOLE AND EXCLUSIVE REMEDY AND THE PLW’S SOLE AND EXCLUSIVE OBLIGATION IN THE EVENT OF A CHRONIC SERVICE OUTAGE.
- Measurement: PS Lightwave stated commitment is to respond to any outage within two (2) hours and a four (4) hour restoration of service. Time starts from the time the Customer contacts PS Lightwave and identifies the problem.
- Credits: Customer shall not receive a credit allowance for any outage caused by (i) the negligence or acts of it or its end user or agents; (ii) failure of power; (iii) the failure or malfunction of non-PS Lightwave equipment of systems; (iv) circumstances beyond PS Lightwave’s control; (v) lack of PS Lightwave access to service premises; or (vi) a plannedservice outage, unscheduledemergency maintenance scheduled maintenance alteration or implementation.
Outage Length Credit Less than 5 Hours:59 Minutes None 6 Hours to 8 Hours:59 Minutes 2/5 Day 9 Hours to 11 Hours:59 Minutes 3/5 Day 12 Hours to 14 Hours:59 Minutes 4/5 Day 15 Hours to 24 Hours 1 Day
The time shall start when a trouble ticket is opened and shall terminate when the ticket is acknowledged as resolved and closed by both Customer and PS Lightwave. - Components Included (but not limited to): The following components are included in this Plan: PS Lightwave provided WAN Infrastructure components.
- Components Excluded: The following components are not included in the Plan:
- All components during downtime for PS Lightwave previously scheduled maintenance windows. PS Lightwave shall provide seven (7) day notification of all scheduled maintenance. Scheduled maintenance shall be performed between the hours of 12:00 am to 6:00 am local time.
- Any PS Lightwave components within the Customer’s Facility that cannot be corrected due to unavailability of the Customer or inaccessibility of the premise.
- Customer’s equipment or content.
- Reports: Upon request, an incident report will be made available to the Customer within five (5) working days of resolution of the trouble.