Premium SMB Service Level Agreement (“SLA”)

Last modified: 2022-05-10 (view archived versions)

During the term of the agreement under which Google Fiber has agreed to provide Google Fiber Business Services to you (“Agreement”), the Covered Service will provide a Monthly Uptime Percentage to you of 99.9% (the “Service Level Guarantee”). The terms of this SLA are incorporated into the Agreement. If Google Fiber does not meet the Service Level Guarantee, you will be eligible to receive the SLA Credits described below. This SLA states your sole and exclusive remedy for any failure by Google Fiber to meet the Service Level Guarantee.

Definitions

The following definitions apply to the SLA:

• “Covered Service” means a Google Fiber Business Service to which this SLA applies, as indicated to you during the sign up process (if you are a new customer), or in the portal (if you are an existing customer).

• “Downtime” means a Covered Service outage associated with your connection to the Google Fiber network such that the Covered Service is unusable due to a total loss of signal after completion of construction and installation of the Covered Service.

• “Monthly Recurring Charge” means the recurring charges for the Covered Service as specified in your bill, and excludes all taxes, surcharges, license fees, right-of-way fees, and franchise fees assessed by or required by applicable law to be remitted to any federal, state, or local governmental entity or its agent.

• “Monthly Uptime Percentage” means the total number of minutes in a month, minus the number of minutes of Downtime in a month, divided by the total number of minutes in a month.

• “Service Credit” means any financial credit (other than SLA Credits) Google Fiber provides to you under the Agreement.

• “SLA Credit” means the following:

Reporting

During the term of the Agreement, Google Fiber will provide monthly internet uptime reports to you that describe Google Fiber’s performance with respect to the Service Level Guarantee.

SLA Credit Procedures

If Google Fiber determines in its sole discretion that you are eligible to receive an SLA Credit, Google Fiber will automatically apply the SLA Credit to your bill for the second billing cycle following the month in which Google Fiber did not meet the Service Level Guarantee.

Maximum Credits

The aggregate maximum number of SLA Credits to be issued by Google Fiber to you in a single billing month will not exceed 25% of the Monthly Recurring Charge for the applicable month.

The aggregate maximum number of credits (i.e., SLA Credits plus Service Credits) to be issued by Google Fiber to you in a single billing month will not exceed 100% of the Monthly Recurring Charge for the applicable month.

Scheduled Maintenance

Google Fiber will provide you with at least 72 hours’ prior notice of scheduled maintenance.

SLA Exclusions

The SLA does not apply to Downtime that resulted from: (a) scheduled maintenance events, (b) your acts or omissions, including abuses or other behaviors that violate the Agreement, (c) your software or hardware or third party software or hardware, or both, (d) updates or configuration changes to equipment provided by Google Fiber, or (e) factors outside of Google Fiber’s reasonable control, including commercial power outages.

The SLA does not apply to any month where (x) you subscribed to the Covered Service for less than the full calendar month or (y) you or Google Fiber suspended your receipt of the Covered Service at any point during such month.