OPAQ Service Level Agreement

Objectives

This SLA sets forth the specific terms and conditions of the service level reliability and performance guarantees made by OPAQ in connection with the service provided by OPAQ to the Customer pursuant to the signed service order form (the “Service”). Customer understands and acknowledges that the remedies set forth in this SLA are the sole and exclusive remedy with respect to any claim in any way related to or arising from any delay, outage, degradation, or non-compliance of the Service.

Availability

OPAQ is committed to delivering a highly reliable, low-latency service, with availability of at least 99.999% on its Core Network infrastructure. OPAQ utilizes third-party, external monitoring of Core Network infrastructure and is continuously working to improve service delivery.

Due to the nature of how OPAQ’s Security-as-a-Service is delivered, OPAQ is dependent on services outside of our control, such as Internet Service Providers which provide connectivity to the last-mile. OPAQ provides best-effort access to external service provider networks utilizing multiple IP transit providers and peering relationships.

In order to provide the highest quality of service, OPAQ highly recommends that customers utilize high-availability (HA) service options, which connect via multiple last-mile service providers to multiple security points of presence.

Support Level Metrics

Level 1–Network Operations -Front Line Support

For the vast majority of incidents, this is all that should be necessary. Please submit a support ticket via our customer portal (authenticated) or via email.

• Portal: https://portal.opaqnetworks.com
• Email: support@opaqnetworks.com

To help our support team respond and resolve your issue in the fastest time possible, please include the following in your ticket:

• Detailed summary of the issue
• Source and Destination IP address, Port(s) [and domain if applicable]
• Steps to replicate the problem [as much detail as possible]
• Ping/Traceroute if a network related issue

Please note: Configuration changes should only be requested via the OPAQ 360 portal, and generally take 1-2 business days to complete. If configuration changes are needed, which cannot be entered in the ‘Configuration’ section, please submit a ticket via the ‘Support’ section of the OPAQ 360 portal. This allows us to authenticate the request, to ensure valid permissions are enforced.

Level 2–Network Operations -Escalation

If you are experiencing a critical, user-impacting issue (e.g. loss of internet connectivity), or no progress has been made on a technical case, the issue may be escalated within the Network Operations group.

Call NOC at 703-574-2555 ext. 1 to request escalation of existing ticket.

Level 3–Systems or Network Engineering

For critical, user-impacting issues, after thirty (30) minutes from the Level 2 escalation, the issue may be escalated by requesting the NOC escalate to Level 3.

Request NOC to escalate to Level 3 for systems or network engineering assistance.

Level 4–SVP Operations

For critical, user-impacting issues, if no progress has been made after sixty (60) minutes from the Level 3 escalation, the issue may be escalated to the Senior Vice President of Operations.

Request escalation to SVP Operations.

MAINTENANCE ACTIVITIES

From time to time, OPAQ will conduct maintenance activities on its network and systems infrastructure following peer-reviewed ITIL change management processes. Notification of any such activities will be delivered to the contacts specified in the Client Portal. It is the Customer’s responsibility to ensure their maintenance contact information is up to date. Additionally, OPAQ provides a real-time status page at https://status.opaqnetworks.com to track maintenance activities and service-affecting issues.

• Scheduled Maintenance
  • To be deemed a Scheduled Maintenance, OPAQ shall provide at least two (2) business days’ notice prior to any service interruption, and any service interruption shall occur between the hours of 8:00pm and 6:00am in the local time-zone of the affected security point of presence (SPOP).
• Emergency Maintenance
  • An Emergency Maintenance is a maintenance activity for which normal Scheduled Maintenance notice cannot be given, due to a customer impacting event which requires more immediate attention.

EXCLUSIONS AND LIMITATIONS

The cumulative SLA credits during any Service Month shall not exceed 100% of the MRC of the affected Service(s). Customer’s account must be current in order for SLA credits to be applied.

SLA credits will not be issued where the target performance measure is not met as a result of:

• The acts or omissions of Customer, its employees, contractors or agents or its end users
• The failure or malfunction of any network elements, equipment, applications, services, or systems not owned or controlled by OPAQ, including without limitation, third-party facilities, customer-owned network devices, cross-connects, local loops, or other third-party access services
• Maintenance periods, a planned maintenance coordinated with the Customer, or Customer requested alterations to the Service
• The unavailability of required Customer personnel, including as a result of failure to provide OPAQ with accurate, current contact information
• Customer’s failure to release the Service for testing or repair, and continuing to use the Service on an impaired basis
• OPAQ’s termination or suspension of the Service for Customer’s Default
• Customer’s use of the Service in an unauthorized or unlawful manner
• Customer’s request to keep a trouble ticket open after OPAQ has confirmed that the Service is Available
• Force Majeure Events (as defined in Terms and Conditions with OPAQ)

The time period associated with any of foregoing exceptions shall also be excluded from any calculations associated with Chronic Outages.