We know that you can't afford to be let down by your Internet Service Provider. That is why we are making commitments to our customers in the form of Service Level Agreements (SLAs) which provide certain rights and remedies regarding the performance of the FlashFlow Network.
As described below, FlashFlow's SLAs provide commitments based upon goals in three key areas:
The FlashFlow Network will be available to Customer free of Network Outages for 100% of the time.
Online Availability
The average monthly Latency (speed) of the FlashFlow Network will not exceed 85 milliseconds round-trip.
Online Latency
The average monthly Packet Loss (reliability) of the FlashFlow network will not exceed 1%.
Online Packet Loss
Network Service Level Agreement
This Service Level Agreement (SLA) applies only to FlashFlow customers receiving service within the contiguous United States who are (i) customers of FlashFlow 56k point-to-point, frame relay (all access speeds), and T1/T3/OC3/OC12, or (ii) colocation and dedicated server customers ("Customer"). This SLA does not apply to other customers of FlashFlow, including, without limitation, those with xDSL, ISDN, Dial, Enterprise Hosting and other services.
This SLA provides Customer with certain rights and remedies regarding the performance of the FlashFlow Network. The "FlashFlow Network" means the FlashFlow owned and operated Internet Protocol (IP) routing infrastructure consisting solely of FlashFlow measurement devices at selected FlashFlow points of presence ("Selected POPs") and the connections between them in the forty-eight continental United States. The amount of credit available per month is subject to a cap described below.
Availability Guarantee
FlashFlow's goal is to make the FlashFlow Network available to Customer free of Network Outages for 100% of the time. A "Network Outage" is an instance in which no traffic can pass in or out of Selected POPs for more than 15 consecutive minutes.
Upon Customer's request (in accordance with the procedure set forth below), FlashFlow will issue a credit to Customer for Network Outages occurring during any calendar month that are reported by Customer to FlashFlow and confirmed by FlashFlow's measurements of the FlashFlow Network. Such credit will be equal to one day's worth of the monthly Access Fee (as defined below) paid by Customer, multiplied by each hour (or portion thereof rounded to the next hour) of the cumulative duration of such Network Outages, not to exceed in any calendar month the Access Fee paid by Customer for that month.
Latency Guarantee
FlashFlow's goal is to keep Average Round-Trip Latency on the FlashFlow Network to 85 milliseconds or less. "Average Round-Trip Latency", with respect to a given month, means the average time required for round-trip packet transfers between Selected POPs on the FlashFlow Network during such month, as measured by FlashFlow.
If Average Round-Trip Latency on the FlashFlow Network for a calendar month exceeds 85 milliseconds, then upon Customer's request (in accordance with the procedure set forth below), FlashFlow will issue a credit to Customer equal to and not to exceed in any calendar month one day's worth of the Access Fee (as defined below) paid by Customer for such month.
Packet Loss Guarantee
FlashFlow's goal is to keep Average Packet Loss on the FlashFlow Network to 1% or less. "Average Packet Loss", with respect to a given month, means the average percentage of IP packets transmitted on the FlashFlow Network during such month that are not successfully delivered, as measured by FlashFlow. If Average Packet Loss exceeds 1% during a calendar month, then upon Customer's request (in accordance with the procedure set forth below), FlashFlow will issue a credit to Customer equal to and not to exceed in any calendar month one day's worth of the Access Fee (as defined below) paid by Customer for such month.
The terms of this SLA relating to Average Round-Trip Latency and Average Packet Loss will take effect the first full calendar month after Customer's first use of the FlashFlow Network.
Access Fee Definitions
The Access Fee for all Customers is the base monthly access fee paid by Customer for use of the applicable FlashFlow service at the amount of data transfer allowed each month without additional charge, excluding set-up fees, fees for additional services, and for server and other types of options. Such excluded fees will vary by the type of applicable service, and could consist of fees for local loop, extra and/or burstable bandwidth, add-on components, extra IP addresses, hourly support charges, electricity when an additional fee is charge for such an item, and managed services. This list of potentially excluded fees is offered solely for purposes of illustration and not by way of limitation.
Unlimited access is measured by different backbones differently. Some backbones allow up to 250 hours while other tier one providers provide a true unlimited no limit access. Check your network to be sure what your access permissions are.
Cancellation
The Customer or FlashFlow may cancel at anytime without reason or cause. The Customer or FlashFlow must be notified 30 days prior to cancellation. Charges may occur if usage is obtained during any given month. Customer is responsible for the entire length of requested services. If a customer is cancelled for spamming or any usage violation, no refunds will be issued.
Exceptions
Notwithstanding anything in the SLA to the contrary, Customer shall not receive any credits under this SLA in connection with any failure or deficiency of the FlashFlow Network caused by or associated with:
Measurement
FlashFlow will periodically (on average every 15 minutes) measure the FlashFlow Network at Selected POPs using software and hardware components capable of measuring application traffic and responses at such Selected POPs. Customer acknowledges that not every POP may be covered by such measurements, that such measurements may not measure the exact path traversed by Customer's packets, and that such measurements constitute measurements across the FlashFlow Network but not other networks to which Customer may connect. FlashFlow reserves the right to periodically change the measurement points and methodologies it uses without notice to Customer. Measurements for Latency and Packet Loss will be posted to a Web site designated by FlashFlow and made available to Customer.
Credit Request and Payment Procedures
Requests for credits must be made on the Web site designated by FlashFlow. Each request in connection with a Network Outage must be received by FlashFlow within seven days of the Network Outage. Each request in connection with Average Round-Trip Latency or Average Packet Loss in a calendar month must be received by FlashFlow within seven days after the end of such month.
All pre-paid credit card term agreements that expire will be converted to a month-to-month account at the current month-to-month rate for that service. The original credit card information will be used for the continuing provided service(s). The Customer will then have 60 days to cancel or extend the pre-existing expired program or any other prepay term program starting from the previous term agreement expiration date. Any month-to-month fees paid with be credited to the new term program selected. After 60 days, the Customer may upgrade to any program the following month of the current paid month.
Customers that dispute LEGITIMATE credit card charges will be liable for researching and responding administration fees.
Each validly requested credit will be applied to a Customer invoice within 2 billing cycles after FlashFlow's receipt of such request. Credits are exclusive of any applicable taxes charged to Customer or collected by FlashFlow, and are subject to the caps described in the various SLA categories.
Notwithstanding anything in this SLA to the contrary, the total amount credited to a Customer in connection with Network Outages, Average Round-Trip Latency, and Average Packet Loss shall not exceed in any calendar month, when combined, the Access Fee paid by Customer for such month. In addition, the total amount credited under this SLA and under any other service level agreement or form of performance guarantee with respect to a Customer shall not exceed in any calendar month, when combined, the fees paid for the applicable services subject to such service level agreements or performance guarantees.
General
FlashFlow reserves the right to change or modify this SLA at any time effective upon the posting thereof on this website. Except as set forth in this SLA, FlashFlow makes no claims regarding the availability or performance of the FlashFlow Network or FlashFlow services.