Common use of Latency Clause in Contracts

Latency. Masergy will meet or be less than 5ms average roundtrip latency time as measured between the DCC Partner’s peering location and Masergy’s closest hub. Customer will be eligible to receive a credit equal to one week of its affected site's monthly recurring Masergy Service fees (excluding local access circuit charges) for the month in which the average latency target is not met. In order to be eligible for the Direct Cloud Connect Latency credit, Customer must notify Masergy of the latency failure within thirty (30) business days of the end of the month in which the failure occurred. Customer should open a trouble ticket and make claims via the Masergy Portal application, which can be accessed by clicking on the Log In link located on the Masergy website ▇▇▇.▇▇▇▇▇▇▇.▇▇▇; claims may also be submitted via electronic mail sent to ▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇.▇▇▇. Latency failures caused by Force Majeure events do not apply and any resulting latency data will not be used in the calculation of the monthly latency measurement.