BRIGHTSTAR ENTERPRISE SERVICES PRODUCT-SPECIFIC ATTACHMENT ETHERNET BRIGHTSTAR DEDICATED INTERNET SERVICES
ATTACHMENT IDENTIFIER: Ethernet Dedicated Internet, Version 1.2
The following additional terms and conditions are applicable to Sales Orders for Brightstar’s Ethernet Dedicated Internet Service:
DEFINITIONS
Capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the General Terms and Conditions.
“Estimated Availability Date” means the target date for delivery of Service.
“Interconnection Facilities” means transmission capacity provided by Brightstar, Customer or a third-party supplier to extend the Comcast Equipment from a Brightstar terminal to any other location (e.g., a local loop provided by a local exchange company or other communications company).
“Off-Net” means geographical locations that are outside of Brightstar’s service area and/or geographical locations that are within Brightstar’s service area generally, but are not readily accessible by Brightstar Network facilities. All Off-Net Services are provided by third-party service providers.
“On-Net” means geographical locations where Brightstar currently provides Services through its Brightstar Network. On-Net Services may be provisioned over a fiber optic network, or via a hybrid fiber coax network (“HFC Network”), as available through Brightstar.
“Services” means Ethernet Dedicated Internet Services.
ARTICLE 1. SERVICES
This attachment shall apply to Ethernet Dedicated Internet Service. A further description of the Service is set forth in Schedule A-1 hereto which is incorporated herein by reference.
ARTICLE 2. PROVIDER
On-Net Service shall be provided by Brightstar Communications, Inc.
On-Net Service provided over the HFC Network and Off-Net Services are available in a limited number of markets. For information on service availability, contact Brightstar at info@brightstarone.com
ARTICLE 3. CUSTOM INSTALATION FEES
Once Brightstar accepts a Sales Order for Service, Brightstar will invoice Customer for all Custom Installation Fee(s). Customer will pay the Customer Installation Fee(s) within thirty (30) days of the invoice date unless a payment schedule is specified in the applicable Service Order.
ARTICLE 4. PROVISIONING INTERVAL
Following its acceptance of a Sales Order, Brightstar shall notify Customer of the Estimated Availability Date applicable to that Sales Order. Brightstar shall use commercially reasonable efforts to provision the Service on or before the Estimated Availability Date; provided, however, that Brightstar’s failure to provision by said date shall not constitute a breach of the Agreement.
ARTICLE 5. SERVICE COMMENCEMENT DATE
Brightstar shall inform Customer when Service is available and performing in accordance with the “Technical Specifications” set forth in Schedule A-1 hereto (“Availability Notification”). Charges for Service shall begin to accrue as of the Service Commencement Date. The Service Commencement Date shall be earliest of: (A) the date on which Customer confirms receipt of and concurrence with the Availability Notification; (B) five (5) business days following the date of the Availability Notification, if Customer fails to notify Brightstar that the Service does not comply materially with the specifications set forth in Schedule A-1 hereto; or (C) the date on which Customer first uses the Service.
ARTICLE 6. TERMINATION CHARGES; PORTABILITY; UPGRADES
6.1 The charges set forth or referenced in each Sales Order have been extended to Customer in reliance on the Service Term set forth therein. To the extent that a Service Term has not been expressly set forth in a Sales Order, the minimum Service Term for Services is twelve (12) months.
6.2 Termination Charges for On-Net Services.
A. In the event that On-Net Service is terminated following Brightstar’s acceptance of the applicable Sales Order but prior to the Service Commencement Date, Customer shall pay Termination Charges equal to the costs and expenses incurred by Brightstar in installing or preparing to install the On-Net Service plus twenty percent (20%).
B. In the event that On-Net Service is terminated on or following the Service Commencement Date but prior to the end of the applicable Service Term, Customer shall pay Termination Charges equal to a percentage of the monthly recurring charges remaining for the unexpired portion of the then-current Service Term, calculated as follows:
i.100% of the monthly recurring charges with respect to months 1-12 of the Service Term; plus
ii. 80% of the monthly recurring charges with respect to months 13-24 of the Service Term; plus
iii. 65% of the monthly recurring charges with respect to months 25 through the end of the Service Term; plus
iv. 100% of any remaining, unpaid Custom Installation Fees.
Termination Charges shall be immediately due and payable upon cancellation or termination and shall be in addition to any and all accrued and unpaid charges for the Service rendered by Brightstar through the date of cancellation or termination.
C. Termination Charges for Off-Net Services. In the event Customer terminates Off-Net Service following Brightstar’s acceptance of the applicable Sales Order but prior to the end of the applicable Service Term, Customer shall pay Termination Charges equal to 100% of the monthly recurring charges remaining through the end of the Service Term plus 100% of any remaining, unpaid Custom Installation Fees. Customer shall, pursuant to Article 3.2 of the General Terms and Conditions, also pay any third-party service provider ancillary fees incurred by Brightstar due to the early termination of service by the Customer.
6.3 Exclusions. Termination Charges shall not apply to Service terminated by Customer as a result of Brightstar’s material and uncured breach in accordance with Article 5.2 of the General Terms and Conditions.
6.4 Portability. Customer may terminate an existing On-Net Service (an “Existing Service”) and turn up a replacement On-Net Service (i.e., having different termination points on Brightstar’s network) (a “Replacement Service”) without incurring Termination Charges with respect to the Existing Service, provided that (a) the Replacement Service must have a Service Term equal to or greater than the complete Service Term of the Existing Service; (b) the Replacement Service must have monthly recurring charges equal to or greater than the monthly recurring charges for the Existing Service; (c) Customer submits a Sales Order to Brightstar for the Replacement Service within ninety (90) days after termination of the Existing Service and that order is accepted by Brightstar; (d) Customer reimburses Brightstar for any and all installation charges that were waived with respect to the Existing Service; and (e) Customer pays the actual costs incurred by Brightstar in installing and provisioning the Replacement Service.
6.5 Upgrades. Customer may upgrade the speed or capacity of an Existing Service without incurring Termination Charges, provided that (A) the upgraded Service (the “Upgraded Service”) must assume the remaining Service Term of the Existing Service; (B) the Upgraded Service must have the same points of termination on Brightstar’s network as the Existing Service; (C) Customer submits a Sales Order to Brightstar for the Upgraded Service and that order is accepted by Brightstar; (D) Customer pays Brightstar’s applicable nonrecurring charges for the upgrade; and (E) Customer agrees to pay the applicable monthly recurring charges for the Upgraded Service commencing with the upgrade. Upgrades to Off-Net Services are subject to the applicable third party service provider rules and availability. Brightstar has no obligation to upgrade Customer’s Off-Net Service.
ARTICLE 7. ADDITIONAL INFORMATION
As necessary for the interconnection of the Service with services provided by others, Brightstar may request (as applicable), and Customer will provide to Brightstar, circuit facility assignment information, firm order commitment information, and design layout records necessary to enable Brightstar to make the necessary cross-connection between the Service and Customer’s other service provider(s). Brightstar may charge Customer nonrecurring and monthly recurring cross-connect charges to make such connections.
ARTICLE 8. TECHNICAL SPECIFICATIONS; SERVICE LEVEL AGREEMENT
The technical specifications applicable to the Service are set forth in Schedule A-1 hereto. The service level agreement applicable to the Service is set forth in a Schedule A-2 hereto.
SCHEDULE A-1
SERVICE DESCRIPTIONS AND TECHNICAL SPECIFICATIONS BRIGHTSTAR ETHERNET DEDICATED INTERNET SERVICES
Ethernet Dedicated Internet Version 1.2
Brightstar’s Ethernet Dedicated Internet Service (“Service”) will be provided in accordance with the service descriptions, technical specifications set forth below:
Service Descriptions
Ethernet Dedicated Internet Service (EDI). EDI provides reliable, simple, and flexible access to the Internet. The Service is offered with a 10Mbps, 100Mbps, 1Gbps or 10 Gbps Ethernet User-to-Network Interfaces (UNI) and is available in speed increments starting at 1Mbps, subject to available capacity. The Service provides an Ethernet Virtual Connection (EVC) from the Customer Service Location to a Brightstar Internet Point of Presence (POP) router.
Technical Specifications
- Ethernet User-to-Network Interface.The Service provides the bidirectional, full duplex transmission of untagged Ethernet frames using a standard IEEE 802.3 Ethernet interface (UNI) to attach to the customer’s router. Figure 1 lists the available UNI physical interfaces and their available Committed Information Rates (CIR) bandwidth increments and Committed Burst Sizes (CBS). CIR increments of less than 10 Mbps are generally not available in conjunction with Off-Net Services.
| UNI Speed | UNI Physical Interface | CIR Increments | CBS (bytes) | |
| 10 Mbps | 10BaseT | 1 Mbps | 25,000 | |
| 100 Mbps | 100BaseT | 10 Mbps | 250,000 | |
| 1 Gbps | 1000BaseT or 1000BaseSX | 100 Mbps | 2,500,000 | |
| 10 Gbps | 10GBase-SR or 10GBase-LR | 1000 Mbps | 25,000,000 |
Figure 1: Available UNI interface types and CBS values for different CIR Increments
- Traffic Management. Brightstar’s network traffic-policing policies restrict traffic flows to the subscribed, Committed Information Rate (CIR). If the Customer-transmitted bandwidth rate exceeds the subscription rate (CIR) and committed burst size (CBS), Brightstar will discard the non-conformant packets. The Customer’s router must shape their traffic to their contracted CIR. Traffic management policies associated with any Off-Net portions of Service will conform to the policies enforced by the third-party service provider.
- Maximum Frame Size. The Service supports a maximum transmission unit (MTU) frame size of 1518 bytes including Layer 2 Ethernet header and FCS.
- Layer 2 Control Protocol (L2CP) Processing. All L2CP frames are discarded at the UNI.
- IP Address Allocation. IP address space is a finite resource that is an essential requirement for all Internet access services. Brightstar assigns eight (8) routable IP addresses to each customer circuit. Customer can obtain additional IP addresses if required based on ARIN guidelines and by completing an IP address request form.
- Domain Name Service. Brightstar provides primary and secondary Domain Name Service (DNS). DNS is the basic network service that translates host and domain names into corresponding IP addresses, and vice-versa.
- Border Gateway Protocol (BGP) Routing. Brightstar supports BGP-4 routing as an optional service feature. BGP-4 allows Customers to efficiently multi-home across multiple ISP networks. The Service requires an Autonomous System Number (ASN) be assigned to a customer by the American Registry for Internet Numbers (ARIN). Customers should also be proficient in BGP routing protocol to provision and maintain the Service on their router. Additional information and requirements for BGP routing will be provided to the customer upon request. Brightstar supports private peering if the Customer is multi-homed to Brightstar’s network only.
- Online Reporting. Brightstar provides the Customer with a password-protected web portal to access online reports containing their historical network traffic information. Reports may vary based on the Customer’s Service.
SCHEDULE A-2
SERVICE LEVEL AGREEMENT
Ethernet Dedicated Internet Version 1.2
Brightstar’s Ethernet Dedicated Internet Service is backed by the following Service Level Agreement (“SLA”):
Definitions
Capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the Ethernet Dedicated Internet Services PSA or the General Terms and Conditions.
“Planned Service Interruption” means any Service Interruption caused by planned work such as scheduled maintenance or planned enhancements or upgrades to the network.
“Service Interruption” means a failure of the Service to meet the specifications set forth in Schedule A-1 to the Product-Specific Attachment for Ethernet Dedicated Internet Services.
Service Level Agreement (SLA)
Company’s liability for mistakes, errors, omissions, interruptions, delays, outages, or defects in transmission or switching of any Service (individually or collectively, “Liability”), shall be limited to the amounts set forth in the Tables below. The term “Liability” refers to an interruption in transmission that renders the Service unusable due to a total loss of signal for the service or the output signal presented to the customer from Brightstar does not conform to the technical specifications in A-1 above. For the purposes of calculating credit for any such Liability, the Liability period begins when the Customer reports to Company an interruption in the portion of the Service, provided that the Liability is reported by Customer during the duration of the Liability, and, a trouble ticket is opened; the Liability shall be deemed resolved upon closing of the same trouble ticket or the termination of the interruption, if sooner, less any time Company is awaiting additional information or premises testing from the Customer. In no event shall the total amount of credit issued to Customer’s account on a per-month basis exceed 50% of the total monthly recurring charge (“MRC”) associated with the impacted portion of the Service set forth in the Sales Order. Service Interruptions will not be aggregated for purposes of determining credit allowances. To qualify, Customer must request the Credit from Brightstar within thirty (30) days of the interruption. Customer will not be entitled to any additional credits for Service Interruptions. Brightstar shall not be liable for any Liability caused by force majeure events, Planned Service Interruptions or Customer actions, omission or equipment.
TABLE 1: SLA for On-Net Services provided over a Brightstar fiber-optic network
| Length of Service Interruption: | Amount of Credit: |
| Less than 4 minutes | None |
| At least 4 minutes but less than 4 hours | 5% of Total MRC |
| At least 4 hours but less than 8 hours | 10% of Total MRC |
| At least 8 hours but less than 12 hours | 20% of Total MRC |
| At least 12 hours but less than 16 hours | 30% of Total MRC |
| At least 16 hours but less than 24 hours | 40% of Total MRC |
| At least 24 hours or greater | 50% of Total MRC |
TABLE 2: SLA for On-Net Services provided over the HFC Network
| Length of Service Interruption: | Amount of Credit: |
| Less than 40 minutes | None |
| At least 40 minutes but less than 4 hours | 5% of Total MRC |
| At least 4 hours but less than 8 hours | 10% of Total MRC |
| At least 8 hours but less than 12 hours | 20% of Total MRC |
| At least 12 hours but less than 16 hours | 30% of Total MRC |
| At least 16 hours but less than 24 hours | 40% of Total MRC |
| At least 24 hours or greater | 50% of Total MRC |
TABLE 3: SLA for Off-Net Services
| Length of Service Interruption: | Amount of Credit: |
| Less than 20 minutes | None |
| At least 20 minutes but less than 4 hours | 5% of Total MRC |
| At least 4 hours but less than 8 hours | 10% of Total MRC |
| At least 8 hours but less than 12 hours | 20% of Total MRC |
| At least 12 hours but less than 16 hours | 30% of Total MRC |
| At least 16 hours but less than 24 hours | 40% of Total MRC |
| At least 24 hours or greater | 50% of Total MRC |
THE TOTAL CREDIT ALLOWANCES PER MONTH IS CAPPED AT 50% of THAT MONTH’S MRC FOR THE INTERRUPTED PORTIONS OF SERVICE. SEPARATELY OCCURING SERVICE INTERRUPTIONS ARE NOT AGGREGATED FOR THE PURPOSES OF DETERMINING CREDIT ALLOWANCES.
Monitoring, Technical Support and Maintenance
- Network Monitoring. Brightstar monitors On-Net Service on a 24x7x365 basis.
- Technical Support. Brightstar provides a toll-free trouble reporting telephone number to the Enterprise Technical Support (ETS) center that operates on a 24x7x365 basis. Brightstar provides technical support for service-related inquiries. Technical support will not offer consulting or advice on issues relating to CPE or other equipment not provided by Brightstar.
- Escalation. Reported troubles are escalated within the Brightstar Business Services Network Operations Center (“BNOC”) to meet the response/restoration interval described below (Response and Restoration Standards). Service issues are escalated within the Brightstar BNOC as follows: to a Supervisor at the end of the applicable time interval plus one (1) hour; to a Manager at the end of the applicable time interval plus two (2) hours, and to a Director at the end of the applicable time interval plus four (4) hours.
- Maintenance. Brightstar’s standard maintenance window for On-Net Services is Sunday to Saturday from 12:00am to 6:00am local time. Scheduled maintenance for On-Net Services is performed during the maintenance window and will be coordinated between Brightstar and the Customer. Brightstar provides a minimum of forty-eight (48) hour notice for non-service impacting scheduled maintenance. Brightstar provides a minimum of seven (7) days notice for service impacting planned maintenance. Emergency maintenance is performed as needed without advance notice to Customer. Maintenance for Off-Net Services shall be performed in accordance with the applicable third party service provider rules. Therefore, Off-Net Service may be performed without advance notice to Customer.
- Brightstar provides certain Brightstar Equipment for provisioning its services and the delivery of the UNI, which will reside on the Customer-side of the Demarcation Point. Brightstar will retain ownership and management responsibility for this Brightstar Equipment. This Brightstar Equipment must only be used for delivering Services. Customers are required to shape their egress traffic to the Committed Information Rate (“CIR”) identified in the Sales Order. Brightstar will be excused from paying SLA credits if the Service Interruption is the result of Customer’s failure to shape their traffic to the contracted CIR or utilizing Brightstar Equipment for non-Brightstar provided services.
Response and Restoration Standards
Brightstar has the following response and restoration objectives:
| CATEGORY | TIME INTERVAL | MEASUREMENT | REMEDIES |
| Mean Time to Respond Telephonically to Call | 15 minutes | Average Over A Month | Escalation (see above) |
| Mean Time to Restore On-Net Brightstar Equipment | 4 hour | Average Over A Month | Escalation (see above) |
| Mean Time to Restore Off-Net Equipment | 6 hours | Average Over A Month | Escalation (see above) |
| Mean Time to Restore On-Net Services | 6 hours | Average Over A Month | Escalation (see above) |
| Mean Time to Restore Off-Net Services | 9 hours | Average Over A Month | Escalation (see above) |
Customer shall bear any expense incurred, e.g., dispatch/labor costs, where a Service Interruption is found to be the fault of Customer, its end users, agents, representatives or third-party suppliers.
Emergency Blocking
The parties agree that if either party hereto, in its reasonable sole discretion, determines that an emergency action is necessary to protect its own network, the party may, after engaging in reasonable and good faith efforts to notify the other party of the need to block, block any transmission path over its network by the other party where transmissions do not meet material standard industry requirements. The parties further agree that none of their respective obligations to one another under the Agreement will be affected by any such blockage except that the party affected by such blockage will be relieved of all obligations to make payments for charges relating to the circuit(s) which is so blocked and that no party will have any obligation to the other party for any claim, judgment or liability resulting from such blockage.
Remedy Processes
All claims and rights arising under this Service Level Agreement must be exercised by Customer in writing within thirty (30) days of the event that gave rise to the claim or right. The Customer must submit the following information to the Customer’s Brightstar account representative with any and all claims for credit allowances: (a) Organization name; (b) Customer account number; and (c) basis of credit allowance claim (including date and time, if applicable). Brightstar will acknowledge and review all claims promptly and will inform the Customer by electronic mail or other correspondence whether a credit allowance will be issued or the claim rejected, with the reasons specified for the rejection.
Exceptions to Credit Allowances
A Service Interruption shall not qualify for the remedies set forth herein if such Service Interruption is related to, associated with, or caused by: scheduled maintenance events; Customer actions or inactions; Customer-provided power or equipment; any third party not contracted through Brightstar, including, without limitation, Customer’s users, third-party network providers, any power, equipment or services provided by third parties; or an event of force majeure as defined in the Agreement.
Other Limitations
The remedies set forth in this Service Level Agreement shall be Customer’s sole and exclusive remedies for any Service Interruption, outage, unavailability, delay, or other degradation, or any Brightstar failure to meet the service objectives.