The below defines the service level commitments of StarStarMobile for the StarStarMobile Service to be provided to its brand enterprise customers under the StarStarMobile Number Lease and Services Agreement between StarStarMobile and each brand.
|Availability||The percentage resulting from: [1 – (Down Time/Total Time)] x 100. Availability percentages shall be expressed to two decimal points with the second decimal place rounded up or down to the nearest one-hundredth of a percentage point.|
|Down Time||The number of minutes the StarStarMobile Service is not Operational during a calendar month due to an Incident, excluding any time during Scheduled Maintenance, and excluding any time during a Service Suspension.|
|Incident||Any problem with the StarStarMobile Service within the StarStarMobile Span of Control causing the StarStarMobile Service not to be Operational, except if due to Scheduled Maintenance.|
|Operational||The StarStarMobile Service is (i) functional and available for use by subscribers of wireless carriers participating in the StarStarMobile Service, in full accordance with all applicable documentation and specifications, and (ii) not experiencing any subscriber-impacting errors, defects or service-limiting issues.|
|Scheduled Maintenance||Weekly routine updating of systems that may or may not result in the StarStarMobile Service not being Operational.|
|Emergency Maintenance||Emergency maintenance occurs when the StarStarMobile Service is not Operational for reasons other than Scheduled Maintenance.|
|Service Suspension||Suspension of the StarStarMobile Service due to (a) power outages, earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott or other events beyond StarStarMobile’s reasonable control; (b) suspension of availability of the networks of participating carriers or of the StarStarMobile Services; (c) denial of service attack or other similar event that StarStarMobile determines, in its sole discretion, may create a risk to the StarStarMobile Service or to any of its brand enterprise customers if the StarStarMobile Service was not suspended; (d) StarStarMobile’s determination that any part of the StarStarMobile Service is prohibited by law or StarStarMobile otherwise determines that it is necessary or prudent to suspend the StarStarMobile Service for legal or regulatory reasons; or (e) any other reasons not within the StarStarMobile Span of Control.|
|Total Time||The total number of minutes in a given annual period.|
|StarStarMobile Span of Control||All hardware and software deployed by StarStarMobile to implement the StarStarMobile Services up to the point of connecting to transport providers that will be used for SS7 or IP network interconnect between StarStarMobile and the participating carriers or between StarStarMobile and third parties that may be providing content for any StarStarMobile Number. The point of demarcation between the participating carriers’ networks and the StarStarMobile Service is the meet point between the participating carriers’ transmission facility connections at the smart jack or equivalent network termination facilities.|
1. PERFORMANCE REQUIREMENTS
1.1. Availability Performance Requirement. StarStarMobile will ensure that the StarStarMobile Service maintains an Availability of 99.90%.
2. MONITORING AND NOTIFICATIONS
2.1. Service Monitoring. StarStarMobile will monitor the StarStarMobile Service and the StarStarMobile Span of Control 24 hours per day, 7 days per week, and 365 days per year. StarStarMobile intends to perform this monitoring by using both an automated system and a 24/7 network operations center (NOC). StarStarMobile will provide its brand enterprise customers with the results of this monitoring by email upon the brand’s reasonable request.
2.2. Performance Requirements. If the performance requirement in Section 1 is not met, StarStarMobile will promptly notify each brand by email and will provide each brand with the actual level achieved.
2.3. Scheduled Maintenance. StarStarMobile performs all scheduled maintenance on Wednesday mornings between 12:00 AM and 5:00 AM (PST). Other than scheduled maintenance, StarStarMobile shall provide reasonable notice to Brand prior to any non-emergency Maintenance that is anticipated to result in the StarStarMobile Service not being Operational.
2.4. Emergency Maintenance. StarStarMobile will notify each brand by email as soon as reasonably possible under the circumstances of any Emergency Maintenance. StarStarMobile will notify each brand by email on the timing for returning the StarStarMobile Service to Operational after an Emergency Maintenance.
2.5. Subscribers. During Scheduled Maintenance or Emergency Maintenance resulting in the StarStarMobile Service not to be Operational, subscribers dialing a StarStarMobile Number would receive their own participating carrier’s standard “call cannot be completed” message.
3. Incident Response
StarStarMobile will use commercially reasonable efforts to resolve all Incidents as soon as possible.