Common use of Packet Delivery Guarantee Clause in Contracts

Packet Delivery Guarantee. The Switch Network has an average monthly Packet loss of 0.1 % (or successful delivery of 99.9% of packets). Switch monitors aggregate packet loss within the Switch Network on an ongoing basis and compiles the collected data into a monthly average packet loss measurement for the Switch Network “Packet loss” is defined as the percentage of packets that are dropped within the Switch Network. After being notified by Customer of Packet Loss in excess of 0.1% in a given calendar month (“Excess Packet Loss”), Switch will use commercially reasonable efforts to determine the source of such excess Packet loss and to correct such problem to the extent that the source of the problem is on the Switch Network. If Switch fails to remedy such Excess Packet Loss within two (2) hours of being notified of any Excess Packet Loss on the Switch Network and average Packet Loss for the preceding thirty (30) days exceeds 0.1%. Switch will issue Service Credits to Customer’s account for the period commencing at the time of receipt notification from Customer until the average Packet Loss for the preceding thirty (30) days is less than 0.1% provided that in no event shall the Service Credits exceed 100% of the Switch Network Access Fees for the calendar month in which the Excess Packet Loss occurs.