IP Transit Service Level Agreement

SLA for IP Transit Service by Bamboozle Wen Services Inc.

Bamboozle is committed to delivering service quality for fixed term agreement services within the following service level targets.

Uptime

a) Bamboozle will maintain the listed up-time target for each of the Customer’s services / connections.

b) Downtime is defined in this Service Level Agreement as a total failure of the endpoint service or connection being delivered.

c) If downtime as defined exceeds the specified up-time SLA percentage in any month, Bamboozle will credit the customer’s account in the next billing period as follows;

i) 0 to “Calculated SLA downtime (based on percentage eg; 99.8% = 88 minutes)” = 0%

ii) SLA + 4 hours = 10%

iii) SLA + 4 to 8 hours = 25%

iv) SLA + 8 hours + = 50%

d) Credits applied to the customer’s account will be calculated using the monthly charge for service affected.

Fault Resolution

a) Bamboozle shall respond to urgent network issues within thirty (30) minutes of notification during normal working hours. Outside normal working hours, Bamboozle will respond within one (1) hour. Urgent network issues relate to maintaining performance of the overall network or a significant service. The Customer agrees to check network status web-pages or answer services before notifying NOC staff with an urgent network notification.

b) Bamboozle shall make every effort to resolve urgent network issues within its direct control within one (1) hour. Bamboozle shall make every effort to resolve other faults affecting provision of service to The Customer within (24) twenty-four hours. The Customer acknowledges that Bamboozle relies on various network providers and Partners for services that support or facilitate the Customer’s services and that these service providers may respond to urgent network issues or faults according to their own service level targets.

c) Bamboozle reserves the right to charge The Customer its standard hourly rates for fault resolution specific to the customer outside normal working hours (as specified above) unless the customer has signed an agreement with Bamboozle for provision of 24hr support. d) Bamboozle reserves the right to charge the customers where The Customer logs faults, incurs the use of Bamboozle staff time and the problem is later determined to relate to The Customer’s network rather than Bamboozle's.

Scheduled Outages

a) Bamboozle endeavors to provide The Customer with at least 5 working days notice of the timing and duration of any planned outages. These will be scheduled to occur at a time that will cause least inconvenience to the majority of Bamboozle customers.

b) The Customer acknowledges that Bamboozle may be required to perform emergency changes to ensure the overall integrity of the Bamboozle network and or the services provided to The Customer is maintained. Such emergency changes may require a short notice period and Bamboozle will endeavor to provide at least 2 hours notice under such clauses.

Network Latency & Packet Delivery

a) Bamboozle will provide a quality service with minimum network latency and packet delivery within its direct control. Bamboozle will not be held responsible for third party network latency outside the boundaries of its own network, such as upstream bandwidth providers, but will work with The Customer to request resolution of such issues.

Cancellation for Performance Issues

a) Not-withstanding the Customers statutory rights, a Customer who has committed to a fixed term agreement as part of this agreement shall only be able to cancel this agreement for the causes specified in these service terms and subject to the following terms;

i) The Customer shall be liable for all charges up until the time of cancellation, calculated on a pro-rate basis

ii) The Customer’s right to cancel applies only to failures caused by factors reasonably within Bamboozle's control and after Bamboozle has had a reasonable opportunity to rectify the failures.

iii) If a service level failure giving cause for cancellation can be reasonably proved to relate to only one particular Bamboozle service, (i.e. IP Transit) and does not affect other fixed term contract services purchased by the customer, the customer shall be able to cancel that particular service only.