SERVICE LEVEL AGREEMENT

Phonoscope has designed a maintenance and support plan to meet the needs of the Fiber Optic Network installed by Phonoscope. 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: Phonoscope shall make all reasonable efforts to ensure 99.9% network availability of the Applicable Fiber.
• Network Operations Center: Phonoscope 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 Phonoscope provided services.
• Trouble Reporting: Upon interruption, degradation or loss of service, Customer may contact Phonoscope by calling (713) 272-4600. Minor problems can be reported through email: support@phonoscope.com. Upon contact from the
Customer, the Phonoscope 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 Phonoscope 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 Phonoscope in closing the incident report.
• Measurement: Phonoscope 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 Phonoscope and identifies the problem. Credits: Customer shall be entitled to request credits against future monthly charges, as set forth in Table A, for each Service that is the subject of an Outage for more than the period of time set forth in Table A. An Outage shall be deemed to have commenced upon the earlier of (i) an alarm signifying such Outage, (ii) when Phonoscope learns of same or (iii) Customer otherwise learns of such and notifies the Phonoscope network control center, and shall end at the earlier of the time when Service is no longer unavailable or the condition causing the alarm has been rectified. None of the above credit allowances apply to Outages: (i) caused by a failure in the Customer provided connection facilities, (ii) caused by Customer; (iii) due to failure of power or equipment provided by
Customer or others; (iv) during any period in which Phonoscope is not given access to the Service premises; (v) of Off-Net Services, or (vi) due to scheduled maintenance and repair. Customer shall be responsible for all maintenance and repair of the Customer provided connection facilities. If an Outage occurs in Off-Net Services, and Phonoscope receives a credit or other payment from a third party for such Outage of Off-Net Services, such credit or other payment will be passed through to Customer by Phonoscope. Notwithstanding any other provision herein, the above credits shall be the sole and exclusive remedy of Customer for outages. Credit Allowances do not apply to service outages (i) caused by the negligence or acts of Customer and/or and End Users or its agents, (ii) due to power failure; (iii) the failure or malfunction of non Phonoscope equipment or systems; (iv) circumstances or causes beyond the control of Phonoscope or its agents; (v) during any period in which Phonoscope is not given access to the service premises; or (vi) an unscheduled emergency 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
Note: No more than one full day’s credit will be allowed for any period of 24 hours
Reports Monthly Phonoscope service utilization statistical reports will be provided to Customer thru a web-based access portal. Phonoscope represents and warrants to Customer that (i) the Service provided over its Network hereunder shall be 99.997% free of errored seconds over a one (1) month
period for each Service, other than for reasons of Planned Service Outages (scheduled maintenance). Error free seconds shall consist of the Customer’s data packets transmitted over the Phonoscope Network using 802.1Q VLANs being unaltered or unchanged within the standards provided in this Service Level Commitment. Actions or inactions of the Customer or third parties can impair or
disrupt the Customer’s data packets. In the event the standard established herein is not met in a given month, upon written request of Customer, Phonoscope will investigate the circumstances, isolate and remedy the cause.
Components Included (but not limited to)
• Phonoscope provided Customer Premise Equipment
• Phonoscope provided Data Circuit
• All Ports on Phonoscope equipment (Switches, Routers, etc.) Components Excluded
• All components during downtime for Phonoscope previously scheduled maintenance windows.
Phonoscope 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 Phonoscope components within the Customer’s Facility that cannot be corrected due to
unavailability of the Customer or inaccessibility of its premise
• Customers equipment or Content
• Force Majeure