MarketSpark will use commercially reasonable efforts to make our MarketSpark IP “Network” (defined below) available to you at all times, subject to certain limitations described in this Agreement (the “Network Availability Commitment”). For purposes of this Network Availability Commitment, the MarketSpark IP Network (“Network”) means the integrated access device, local access loop, aggregation router, connectivity to the core network, and core network components up to the handoff to either the Internet peering point (for Internet packets) or the handoff to local, long-distance or other voice Services provider for phone service traffic.
A Network outage occurs when there is a total “Loss of Service” (defined below) for more than 60 consecutive minutes per occurrence. “Loss of Service” means that MarketSpark is unable to transmit IP packets on your behalf, such that you are unable to communicate with or access any other Internet Service Providers via the IP transmission protocol or unable to communicate with or access any other telecommunications providers via the Public Switched Telephone Network, as a result of the failure of MarketSpark facilities, equipment, or personnel used to provide the MarketSpark Services.
The Network Availability Commitment does not cover or apply to (a) Services activation or any Loss of Service caused by our maintenance of the system or network; or (b) problems or issues relating to your equipment at the Service Address, including, but not limited to your Local Area Network, your phone equipment (including cables, PBX and associated cards), routine maintenance events, outages or disruptions caused by you either directly or indirectly, interconnections to or from and connectivity within other Local Exchange Carriers’ networks (for example, calls to certain numbers or area codes), subsequent voice carriers’ networks, interconnections to or from and connectivity within other Internet Service Provider networks, degraded or slow Services, and Events of Force Majeure.
MarketSpark reserves the right to change or modify the terms or conditions of the Network Availability Commitment at any time by notice to you.
You are eligible for a full day’s credit of 1/30th of the MarketSpark communications package recurring Monthly Fee (excluding any fees for additional Services) (the “Daily Credit”) for each full 60 minutes that you experience a covered Network outage for that Service after you have reported it to our technical support ([email protected] or 844-900-0599) (“Technical Support”); however, you may receive: (a) a maximum of 5 Daily Credits for covered Network outages in any 24-hour period starting from when you reported it to us; and (b) no more than 30 Daily Credits for covered Network outages in any calendar month.
You are eligible to receive daily credit only as to the MarketSpark Service for which you experienced a covered Network outage.