Common use of Latency Clause in Contracts

Latency. 2.2.1 For Latency measurement purposes, Metrotech divides the network into zones, namely the Access Zone, the Metrotech Zone (Metrotech’s national IP network) and the 3nd zone called the “Public Internet Zone”. If the Access Zone is terminated at the Service Demarcation Point with a Metrotech Network Interface Device (as identified on the SOF) then Metrotech guarantees that the round trip Latency between the Service Demarcation Point and a Metrotech Network Core Internet Router will be no greater than the target identified on the SOF. If no such device is provided, (as identified on the SOF) then Metrotech guarantees that the round trip Latency between the Metrotech Network PoP and a Metrotech Network Core Internet Router will be no greater than the target identified on the SOF. If the Latency so identified is greater than the target, the Customer may claim re-imbursement up to 10% of the monthly rental for the relevant Connection, PROVIDED THAT in calculating the average round trip Latency there shall be deducted from such calculation any increase in the Latency as a result of the Customer’s breach of this Agreement, or a disruption to the power supply to the Equipment, or a disruption to the Internet Services caused by the Customer or the Customer’s own equipment, or a failure by the Customer to provide access to the Site and/or the Premises or as a result of an event of Force Majeure PROVIDED ALWAYS THAT Metrotech’s total aggregate liability to the Customer under this Service Level Agreement shall not exceed the sum of one year’s Annual Rental for the relevant Connection. 2.2.2 The Latency between the Metrotech Network PoP (or the Service Demarcation Point if a Network Interface Device is provided) and the designated Core Internet Router will be monitored and reported to the Customer only if the Customer so requests, and Metrotech agrees to such monitoring taking place. Metrotech will agree to such a request once a Quarter, if necessary. The Latency will be calculated by averaging the Latency measurements recorded over a 60 minute period. Any compensation awarded to the Customer pursuant to this Agreement will be credited by Metrotech against the next following payment due from the Customer or if no payment is due it will be payable by Metrotech by cheque to the Customer at the end of the relevant monitoring Quarter. 2.2.3 Latency on access ports below 10Mbps will be guaranteed for the target Latency for 64 byte frames only. 2.2.4 In respect of a 3rd party circuit, Metrotech will be liable to the Customer for compensation for Latency to the extent only that a third party supplier is liable to Metrotech.