CenturyLink or its vendor will attempt to respond via phone or email to all Customer requests, in writing, for support with the Emergency Response Services within 2 hours of Customer notifying CenturyLink’s SOC.
An Incident Responder will be assigned and will attempt to contact the Customer to obtain additional details and determine appropriate next steps in no more than 2 hours of acknowledging Customer’s request for Emergency Response Service.
If on-site presence is required, CenturyLink or its vendor will make commercially reasonable efforts to place appropriate resources on site within 24-48 hours.
The Emergency Response SLO aims to have the response times consistently fall within the above target at least 99% of the time.
If response times are delayed due to lack of Customer response to CenturyLink or its vendor correspondence, the Emergency Response SLO may be affected.
Customer must request any Service Credit due hereunder by submitting an e-mail to email@example.com within sixty (60) calendar days of the conclusion of the month in which the Service Level Failure(s) occurs. Customer waives any right to Service Credits not requested within this sixty (60) calendar day period. Once validated by CenturyLink, Service Credits will be applied toward the invoice Customer receives no later than two (2) months following Customer’s Service Credit request. All performance calculations and applicable Service Credits are based on CenturyLink records and data unless Customer can provide CenturyLink with clear and convincing evidence to the contrary.
The applicable SLA or SLO provides Customer's sole and exclusive remedies for any Service interruptions, deficiencies, or failures of any kind. To clarify, such sole and exclusive remedies shall not apply to breaches of unrelated obligations under the Agreement such as infringement, confidentiality, etc. A Service Level Failure shall not occur, including any remedies hereunder, and Customer will not be entitled to receive a Service Credit in the case of an Excluded Event. Excluded Event means any event that adversely impacts the Service that is caused by (a) the acts or omissions of Customer, its employees, customers, contractors or agents including, by way of example the unavailability of Customer provided connectivity; (b) the failure or malfunction of equipment, applications or systems not owned or controlled by CenturyLink; (c) Force Majeure events; (d) scheduled and/or emergency maintenance; (e) any suspension of Service pursuant to the Agreement; (f) Customer’s failure to maintain currently supported hardware and software; or (g) the unavailability of required Customer personnel, including as a result of failure to provide CenturyLink with accurate, current contact information. Customer will not be eligible to receive any otherwise applicable Service Credits if Customer is in breach or default under any provisions of the Agreement at the time the Service Level Failure(s) occurred or at the time when such Service Credit is requested by Customer until such breach is cured, at which point the Service Credit will be issued. The Service Credits set forth herein are not cumulative and in no event will the Service Credits accrued in any calendar month exceed, in the aggregate across all events, fifty percent (50%) of the Affected Service MRC.
“Service Credit” means an amount deducted from fees billed to Customer in the event of a Service Level Failure related to the Availability SLA.
“Service Level Failure” means CenturyLink’s performance for a particular Service fails to meet the applicable Service Level set forth in this SLA and SLO.