Urbanfibre Commercial Service Level Agreement

April 1, 2021

1. General Overview

Urban Networks Inc. (“Urbanfibre”), 4647 Hastings Street, Burnaby, BC, V5C 2K6, in the interest of building a strong business relationship, is pleased to provide a Service Level Agreement (“SLA”) for the Customer as of the Effective Date of a Master Service Agreement or Commercial Service Agreement between Urbanfibre and the Customer.

2. General Definitions

a) “Urbanfibre Network” includes the following components that make up its network: gateway routers, core routers, aggregation routers, access routers, connectivity to the Internet from the backbone, and any other equipment, components or elements, owned, installed or managed by Urbanfibre;

b) “7/24/365” – means seven days a week, 24 hours a day, 365 days a year;

c) “Business Days” – All intervals are measured in Business Days. Statutory Holidays are governed by the legislation of the applicable province;

d) “Mean Time To Restore” (“MTTR“) – has the meaning described in paragraph 5.2;

e) “Month” means the number of days in a calendar month;

f) “Provisioning On-Time Delivery” – has the meaning described in paragraph 5.3;

g) “Service Availability” – – has the meaning described in paragraph 5.1;

h) “Service Level” – means the level of service contracted to be provided by Urbanfibre from time to time under a Master Service Agreement or Commercial Service Agreement;

i) “Site(s)” means the Customer Premises address.

3. Service Level Principles

The principles under which Urbanfibre agrees to provide this Service Level Agreement to the Customer are as follows::

a) Service credits to the Customer are designed to demonstrate Urbanfibre’s willingness to partner with the Customer to deliver the service at or above the Service Level;

b) The Customer must request service credits in writing within 30 days of the last day in the calendar month in which the failure occurred;

c) This SLA is only applicable to those Customer Sites within Canada where applicable Urbanfibre service and technology exist, and where Urbanfibre is permitted by law to provide service;

d) For cascading failures, only the primary or causal failure is used in determining Service Levels and associated consequences. Only one Service Level component metric can be used for determining service credits;

e) In the event of the failure of Urbanfibre to meet multiple Service Level component metrics in a one-month period, the highest service credit will apply, not the sum of multiple service credits;

f) The total amount that may be credited to a Customer under this agreement in any given month is limited to 25% of the Customer’s monthly fee for the affected service;

g) If the service installation charge has already been waived under a prior agreement or promotion, a service credit for Provisioning – On-Time Delivery will not be provided;

h) Service Levels are provided based upon the agreed upon Urbanfibre network design;

i) The Customer shall ensure that all Customer provided equipment on its premises that connects to the Services will perform according to published technical specifications for such equipment, and will conform to interface requirements as set in the applicable Urbanfibre Services interface specifications;

j) Changes to business, technology improvements and changes to Urbanfibre’s Services may result in a revision to the Service Level components and Service Level component metrics;

k) Urbanfibre reserves the right, at any time, to change existing measurement tools or implement new measurement tools used in connection with the measurement of the Service Level component metrics herein, provided that any such change or implementation will have the effect of meeting or exceeding the Service Level component metrics set out in this Service Level Agreement; and

l) Any adjustments to the Service Level component metrics shall only be by mutual written consent of the parties.

4. Services Covered By This Agreement

4.1 Ethernet Private Line (EPL)

These services provide for data transport services between end points in the Urbanfibre network infrastructure including Customer demarcation points at the Site, and can be point to point or point to multipoint. These services are delivered via Layer 2 VLAN trunks or dedicated VLANs based on the Customer’s service requirements. Measurement of service levels is based on acceptable metrics for latency and packet loss. Jitter is not measured at Layer 1 or 2 but generally Urbanfibre will accept the Customer’s Layer 3 jitter requirements as an acceptable metric. Urbanfibre does not delay or reorder packets as a general rule.

4.1.1 Service Availability

4.1.1 Service Availability

Service Level ComponentAccess
Service Availability99.99%

Availability – The service is considered available as long as the Customer access at the Site demarcation of the Urbanfibre-provided network interface device can access the designated end point of the connection. The service is considered unavailable if the service is operating at less than 80% of the rated speed.

4.1.2 Latency

4.1.2 Latency

Latency is measured between the ends of service, and is measured round trip. The latency  measurement unit is milliseconds and the calculation is based on an average of 200 1500 byte pings. Measured latency should be less than the maximum latency listed in the table below based on a 7/24/365 basis.

Maximum LatencyBandwidth of Service
5 milliseconds1 Gbps and higher
7 Milliseconds10 Mbps to
< 1 Gbps

4.1.3 Packet Loss

4.1.3 Packet Loss

Packet loss is measured on a 7/24/365 basis and calculated as a percentage of packets lost versus those successfully received. Urban’s IP Network goal is to keep Packet Loss on EPL to 0.1% or less.

MetricStandard
Packet Loss< 0.1%

4.1.4 Mean Time to Restore (MTTR)

4.1.4 Mean Time to Restore (MTTR)

Time to Restore is defined as the net elapsed time from the time a particular trouble ticket is opened to the time service is restored to normal operating performance.

 Access
Mean Time to Restore (hours)4

Mean Time to Restore (MTTR) is the average for all tickets over a one month period for an individual service.

4.2 Dedicated Internet Access (DIA)

By utilizing Urbanfibre’s fibre optic network, customers can obtain broadband access speeds up to 10,000 Mbps to the Site and grow their access incrementally as required. Urbanfibre’s Customers will be treated as a group that has defined and measurable Service Level components listed below. The table below provides an overview of Urbanfibre’s Service Level components, broken down into measurable deliverables.

4.2.1 Service Availability

4.2.1 Service Availability

Service Level ComponentAccess
Service Availability99.99%

Availability – The service is considered available as long as the Customer access at the Site demarcation of the Urbanfibre-provided network interface device can access the designated end point of the connection. The service is considered unavailable if the service is operating at less than 80% of the rated speed.

4.2.2 Latency

4.2.2 Latency

The maximum average monthly latency between an Urbanfibre hub location and a tier 1 provider router (note 1) is as follows:

Service AreaLatency
Anywhere in North America50 milliseconds
London, UK (Europe)90 milliseconds
Tokyo, JP (Asia)150 milliseconds

Note 1: A tier 1 provider is defined as an autonomous system having a provider count of 0 as per the CAIDA ASRank (https://asrank.caida.org/).

4.2.3 Packet Loss

4.2.3 Packet Loss

Packet loss is measured on a 7/24/365 basis and calculated as a percentage of packets lost versus those successfully received. Urban’s IP Network goal is to keep Packet Loss on Dedicated Internet Access to 0.1% or less.

MetricStandard
Packet Loss< 0.1%

4.2.4 Mean Time to Restore (MTTR)

4.2.4 Mean Time to Restore (MTTR)

Time to Restore is defined as the net elapsed time from the time a particular trouble ticket is opened to the time service is restored to normal operating performance.

 Access
Mean Time to Restore (hours)4

Mean Time to Restore (MTTR) is the average for all tickets over a one month period for an individual service.

5. Basis for Service Credits

5.1 Service Availability

5.1.1 Calculation

Calculation of the Service availability objectives will be based on troubles reported by the Customer using Urbanfibre’s trouble ticketing systems. Service outage time begins when the Customer reports the trouble and releases the affected components to Urbanfibre and ends when Urbanfibre notifies the Customer that the problem has been resolved and the components are available to the Customer to use.

5.1.2 Compensation

If Urbanfibre is unable to meet the Service availability metric as detailed above for the service during any one month measurement period (as confirmed by Urbanfibre), the Customer (upon written request to Urbanfibre) will be provided with a service credit based on the total monthly recurring charges for the affected Ethernet Private Line or Internet Access Service and calculated in accordance with the following table. The service credit shall be applied to the next available billing.

Service AvailabilityMonthly Credit %
≥ 99.7%0%
< 99.7% ≥99.5%10%
<99.5%25%

5.2 Latency

5.2.1 Calculation

Calculation of the Latency service level (defined above by service) will be begin after the Customer reports the latency issue using Urban’s trouble ticketing system and service level will be determined by ping tests between an Urbanfibre hub location and a tier 1 provider router.

5.1.2 Compensation

If Urbanfibre is unable to meet the Network Latency metric as detailed above for the service during any one month measurement period (as confirmed by Urbanfibre), the Customer (upon written request to Urbanfibre) will be provided with a service credit based on the total monthly recurring charges for the affected Ethernet Private Line or Internet Access Service and calculated in accordance with the following table. The service credit shall be applied to the next available billing.

Monthly average latencyMonthly Credit %
Meets Service Level0%
Fails Service Level15%

5.3 Mean Time To Restore (MTTR)

5.3.1 Calculation

The Total Service Outage Time excluding Customer Deferred time (in hours) for all Trouble Tickets in a Month/ Total Number of Trouble TicketsCalculation of the Mean Time To Restore (MTTR) objectives will be based on troubles reported by the Customer using Urbanfibre’s ticketing systems. Mean Time To Restore (MTTR) begins when the Customer reports the trouble and releases the affected components to Urbanfibre and ends when Urbanfibre notifies the Customer that the problem has been resolved and the components are available to the Customer to use.

5.3.2 Compensation

If Urbanfibre is unable to meet the Mean Time To Restore metric for the service during any one month measurement period (as confirmed by Urbanfibre), the Customer (upon written request to Urbanfibre) will be provided with service credits based on the total monthly recurring charges for the Layer 2 Transport or Internet Access Service and calculated in accordance with the following table:

MTTR in HoursMonthly Credit %
≤ 40%
>425%

6. Excluded Items

a) Local access facilities not supplied or sub-contracted through Urbanfibre;

b) “Test and inquiry” trouble tickets;

c) “No Trouble Found” trouble tickets;

d) Outages where no trouble ticket has been established;

e) Disaster recovery activities;

f) The failure of Customer premises equipment (including but not limited to routers and integrated modems) not supplied by Urbanfibre as part of the service;

g) Instances where Urbanfibre or its agents are not afforded access to the Customer premises;

h) Outages during any period when the Customer has released service to Urbanfibre for the purpose of rearrangement of for the implementation of a Customer Order;

i) Negligence of the Customer or parties authorized by the Customer other than Urbanfibre;

j) Outages due to labour difficulties, governmental orders, civil commotion, acts of God and other circumstances beyond Urbanfibre’s reasonable control;

k) Scheduled Maintenance Window. Urbanfibre executes scheduled enhancements to its systems and network between the hours of 12 a.m. and 3 a.m. (Pacific Time) on Saturday mornings. Measurements during this period are excluded from the Service Level Agreement;

l) Problems originating outside the Urbanfibre Network. The Standard Service Levels cover the portion of the Service that is controlled by Urbanfibre. For example, problems beyond Urbanfibre’s interconnection at the Internet Network Access Points (NAPs) are not applicable;

m) Provisioning Not Completed. The provisioning process must be completed and the services declared operational in order for the Service Level Agreement to apply;

n) When a “build” is necessary to provide the service, or if the service is a non-standard design, the Provisioning On-Time Delivery guarantee will not apply;

o) Outages due to software and hardware defects of access devices and systems not under Urbanfibre control which provide service to and from the Urbanfibre defined Internet Services;