Terms & Conditions

Last updated: January 30, 2019

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://mitechpartners.com website (the “Service”) operated by Mitech Partners (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service. This Terms and Conditions was created with (TermsFeed).

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Mitech Partners.

Mitech Partners has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Mitech Partners shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Tennessee, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Carrier – Client Relationship

Mitech Partners reserves the right to make authorized decisions on behalf the client given an executed Service Order Agreement (SOA) has been signed or verbally agreed to regarding any services for the said property. Mitech serves as an authorized user and manager of the technology services for involved client and can authorize, execute or act as a signor on the client’s behalf. Mitech will also manage all billing of services for client and invoice only one (1) combined billing invoice per cycle.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

SLA AGREEMENT

Service Level Agreement for

Wholesale Dedicated Internet

 Last revised and effective:  January 13, 2019

  1. APPLICABILITY:

The Service Levels and remedies set forth in this Service Level Agreement (“SLA”) are applicable to Company’s use of Mitech IP Non-Transit or Transit service pursuant to an executed Mitech Master IP Backbone Services Agreement between Mitech and Company.

  1. DEFINITIONS:

Any capitalized terms used in this SLA and not otherwise defined here or in the Mitech

Master IP Backbone Services Agreement, shall have the meaning set forth in the

Agreement, or, if not defined there, have the common meaning understood in the industry.

  • Availability – The percentage of minutes in a calendar month during which Company’s port has not incurred a Service Outage.
  • Eligible Company – Company is in good standing with no past due invoice amounts.
  • Latency – Average roundtrip time for IP packets to traverse over the Mitech Network. Latency is measured by averaging sample measurements during a calendar month between representative hub routers across the Network.
  • New Installation – Service that has been active for less than 2 business days.
  • Packet Delivery – The percentage of IP packets that are successfully delivered over the Mitech Network. Packet Delivery is measured by averaging sample measurements during a calendar month between representative hub routers across the Network
  • Service Credit – A credit equal to a portion or total of the actual billed monthly recurring or usage charges for the affected Port.
  • Service Outage – An unscheduled period (e., not including any scheduled maintenance outage) during which the Company’s port is unable to send or receive traffic. The duration of a Service Outage is measured from the time when a trouble ticket is opened until the time Mitech has resolved the issue and closed the ticket.
  1. SERVICE LEVEL COMMITMENTS:

3.1. PORT AVAILABILITY

3.1.1. Availability Service Level Commitment

Availability for each Company Port will not fall below 99.9% in any given Service billing month.

3.1.2. Availability Credit:

If Availability is less than the above commitment, Mitech will issue to Eligible Company a Service Credit based on the cumulative amount of Service Outage time in a calendar month as set forth in the table below:

3.2. LATENCY

3.2.1. Latency Commitment

Roundtrip Latency for the Service on average in any given Service calendar month will not exceed 55ms.

3.2.2. Latency Credit

If Latency exceeds the above commitment, Mitech will issue to Eligible Company a Service Credit based on the amount the average measured Latency exceeds the stated Latency commitment as set forth in the table below:

3.3. PACKET DELIVERY

3.3.1. Packet Delivery Commitment

Packet Delivery for the Service shall not fall below 99.5% in any given Service calendar month.

3.3.2. Packet Delivery Credit

If Packet Delivery is less than the above commitment, Mitech will issue to Eligible Company a Service Credit based on such deficit as set forth in the table below:

  1. CREDIT STRUCTURE:

To receive a Service Credit, Company must be Eligible and must notify Mitech of the Service Outage, Latency or Packet Delivery shortfall and request such Service Credits in writing within thirty (30) days of the end of the billing month in which the event occurred. If requesting a Service Credit for Availability, Eligible Company must first open a Trouble Ticket.

Credits will be based on Eligible Company’s monthly CDR and/or usage charges during the month the Service Credit accrued. If Company receives aggregate billing across multiple Ports, any Availability Service Credits will be calculated using a pro-rated amount of the net monthly CDR or usage charges by applying a ratio of the bandwidth of the impacted Ports over Company’s entire Port bandwidth. Total Service Credits across all Service level metrics in a billable month shall not exceed twenty percent of Company’s CDR for such month.

  1. TROUBLE TICKET CREATION:

Company may open a trouble ticket go to MiTrouble.com or call 1-800-375-4974

  1. CHRONIC OUTAGE:

Eligible Company may elect to terminate affected Service prior to the end of the service term without termination liability if:

  • Service Outages are incurred during each twelve month period, on six (6) or more separate occasions, each with a duration of more than eight (8) hours; OR
  • Cumulative duration of all Service Outages within a single calendar month total more than forty-eight (48) hours.

Company may only terminate such Service that is unavailable as described above, and must exercise its right to terminate the affected Service under this section in writing, within thirty (30) days after the event giving rise to a right of termination hereunder, which termination will be effective as set forth by Company in such a notice of termination. Together with any Service Credits accrued pursuant to Section 3, this Section 6 sets forth the entire remedy of Company for chronic outages of interruptions of any Service.

  1. EXCLUSIONS:

Measurements do not include periods of Service Outages or other service level deficits in whole or in part due to the following causes:

  • Any act or omission on the part of Company, any third party contractor, vendor or any other entity over which the Company exercises or has the right to exercise control.
  • Company’s software, equipment or facilities.
  • Mitech’s (including without limitation its third party carriers) or Company’s scheduled network maintenance.
  • Any event or occurrence that results in “no trouble found” by Mitech customer support.
  • Any outage or event lasting under 60 seconds in duration.
  • Force majeure event beyond the reasonable control of Mitech including, but not limited to acts of nature, cable cuts, government acts and regulation and national emergency.
  • Trouble tickets associated with a New Installation.
  • Service interruptions arising out of or in connection with any act or omission on the part of Company or a third party, including without limitation any local access providers, or an interruption occurring in whole or in part because Company elects not to release the Service for testing and repair by Mitech, but continues to use it on an impaired basis.
  • Any failure or issue associated in whole or in part with Company’s connection to the Network, local access, and cross-connect, Company premises equipment, applications, facilities or internal network.
  • Time attributed to Company’s delay in responding to Mitech’s requests for assistance to repair a Service Outage.
  • No Service Credit shall be available to a Party for any Availability, Packet Delivery or Latency deficit occurring when such Party’s peak Send Traffic exceeds bandwidth available on any Port.

Contact Us

If you have any questions about these Terms, please contact us.