3.1. Enterprise Fibre Internet Services

This section applies to Oqitor Dedicated Internet Access (DIA) and other premium Fibre Internet Access services delivered over fibre optic infrastructure.

3.1.1. Availability (Uptime)

3.1.2. Network Latency

3.1.3. Packet Delivery

3.1.4. Mean Time To Repair (MTTR)

3.1.5. Bandwidth Guarantee (for DIA Services)

3.2. Enterprise VoIP Services

This section outlines general SLA objectives for Oqitor Voice over IP (VoIP) / Business Phone services. Specific targets are detailed in your SOF/SLA Addendum.

3.2.1. 911/E911 Service Limitations & Customer Obligations for VoIP

Customer acknowledges and agrees to the inherent limitations of VoIP 911/E911 services compared to traditional 911 and accepts the following responsibilities, which must be communicated to all End Users:

• Location Accuracy is Critical: VoIP 911 service functionality depends on Oqitor having the correct, current physical service address for each VoIP device/DID. Customer is solely responsible for providing and maintaining this information via the Oqitor portal or designated process. Incorrect or outdated information may result in misrouted 911 calls or dispatch to an incorrect location. Location updates may take several business days to propagate through all emergency databases.
• Service Interruptions: VoIP 911 will not function during power outages or internet service disruptions unless adequate backup power (UPS) for all necessary equipment (modem, router, ATA/IP phone, switches) and resilient internet connectivity are maintained by the Customer. An alternative means of accessing 911 (e.g., mobile phone or analog line) is strongly recommended.
• Call Routing & Information Display: Calls may be routed to a third-party emergency call center requiring verbal location confirmation. Automatic Number Identification (ANI) and Automatic Location Identification (ALI) may not always be available or accurately display to the PSAP.
• No “Lifeline” Service: Oqitor VoIP is not a traditional “lifeline” telephone service and should not be solely relied upon for critical emergency communications.
• Indemnification: Customer agrees to defend, indemnify, and hold harmless Oqitor, its officers, directors, employees, agents, and its upstream providers from any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from or related to 911 calling or the inability to access 911 services through Oqitor VoIP, particularly those arising from Customer’s failure to meet its obligations (e.g., accurate location data, End User notification) or from the inherent limitations of VoIP 911.

3.2.2. CRTC Requirements for Multi-Line Telephone Systems (MLTS)

Customers utilizing MLTS with Oqitor VoIP services must ensure full compliance with CRTC Decision 2022-265 (and subsequent applicable regulations and best practices) including, but not limited to:

• Ensuring 911 can be dialed directly from any station without requiring an initial digit or prefix (e.g., “9”).
• Provisioning accurate, granular, dispatchable location information (e.g., building, floor, room number, quadrant) for each device/extension capable of originating a 911 call, and providing this information to Oqitor for entry into the 911 database.
• Ensuring the MLTS supports PSAP callback capabilities to the specific device that initiated the 911 call.
• Implementing on-site notification mechanisms to alert designated personnel (e.g., security desk, front office) when a 911 call is placed from within the system, including the caller’s location.
• Providing training to End Users and relevant on-site staff regarding 911 calling procedures and emergency access for first responders.
• Planning for compatibility with Next Generation 9-1-1 (NG9-1-1) features as they become available and mandated.

Failure to comply with these MLTS requirements may result in regulatory penalties and significantly impact the effectiveness of 911 emergency response.

3.3. Managed WiFi Services

This section outlines general SLA objectives for Oqitor Managed WiFi services. Specific targets, design specifications, and responsibilities are detailed in your SOF/SLA Addendum.

3.3.1. Customer Responsibilities for Guest/Public WiFi & Data Collection

If Managed WiFi Services are used by the Customer to provide guest or public internet access, the Customer is solely responsible for and warrants that it will:

• Provide clear, conspicuous, and easily understandable notice to all End Users *prior* to their accessing the WiFi network regarding:
  • The types of data that may be collected (e.g., MAC addresses, IP addresses, device types, visited websites/applications, session duration, location data if location services are enabled by Customer).
  • The purposes for which such data is collected and used by the Customer, Oqitor (for network management and security), and any third-party technology partners (e.g., WiFi management platform provider).
  • How data is stored, secured, and for how long it is retained.
  • Any sharing of data with third parties.
• Obtain legally valid, informed, and explicit consent from all End Users for such data collection and use *before* granting network access. This is typically achieved via a mandatory click-through splash page or captive portal with a link to a comprehensive privacy policy.
• Ensure all data collection, use, storage, retention, and disclosure practices fully comply with all applicable federal and provincial privacy laws (e.g., PIPEDA, and relevant provincial equivalents).
• Implement and maintain appropriate security safeguards for any data collected.
• Indemnify Oqitor, its directors, officers, employees, agents, and upstream providers against any and all claims, damages, losses, liabilities, costs, and expenses arising from Customer’s failure to meet these WiFi data collection and privacy obligations.

4.1. Reporting Service Issues, Trouble Tickets, and Credit Claims

4.1.1. Reporting Service Issues

To report a suspected Outage or service degradation (“Service Issue”), the Customer must contact Oqitor Support immediately via the designated methods (e.g., support@oqitor.ca, 1-888-676-8240, or as otherwise specified). The Customer must provide all reasonably requested information and cooperation to assist Oqitor in diagnosing and resolving the Service Issue, including details of the issue, affected users/locations, and any troubleshooting steps already taken.

4.1.2. Trouble Ticket Management

Upon receiving a report of a Service Issue, Oqitor will open a trouble ticket to track the investigation and resolution process. Oqitor will provide the Customer with the trouble ticket number for reference. Oqitor will use commercially reasonable efforts to diagnose the Service Issue and determine if it constitutes an Outage under the terms of this SLA or the applicable SOF/SLA Addendum.

4.1.3. Outage Confirmation and Timing

An Outage period, for the purpose of SLA calculation, begins when Oqitor (or its upstream carrier, where applicable) confirms the Service is experiencing an Outage after the Customer has reported the Service Issue and a trouble ticket has been opened by Oqitor. The Outage period ends when Oqitor (or its upstream carrier) confirms that the affected Service has been restored to normal operational status and notifies the Customer.

4.1.4. Service Credit Request Procedure

To be eligible for any applicable SLA credit, the Customer must submit a written request for the credit to Oqitor (e.g., via email to a designated Oqitor billing or SLA claims address, as specified in the SOF or by Oqitor). This request must:

1. Be received by Oqitor within ten (10) business days following the end of the calendar month in which the qualifying Outage occurred.
2. Include the Oqitor-assigned trouble ticket number(s) for the Outage.
3. Detail the date(s), start time(s), end time(s), and total duration of the Outage(s).
4. Specify the Service(s) and service location(s) affected.

Failure to report the Outage promptly or to submit a credit request in accordance with these procedures and timeframe will result in the forfeiture of any right to that credit. Oqitor will investigate all credit requests based on its records and the records of its upstream carriers. Approved credits will typically be applied to a subsequent Customer invoice. SLA credits are the Customer’s sole and exclusive remedy for any failure by Oqitor to meet the service level objectives outlined herein or in an applicable SOF/SLA Addendum, unless otherwise expressly stated in the Agreement.

4.2. General SLA Exclusions

The service level objectives and any associated remedies or credits described in this SLA or any SOF/SLA Addendum do **not** apply to service interruptions, degradation, or unavailability (“Excusable Downtime”) resulting from or caused by any of the following:

• Scheduled Maintenance: Any maintenance activities performed by Oqitor or its upstream providers for which the Customer has received prior notification (typically at least 48 hours in advance, or as otherwise specified in the SOF/SLA Addendum).
• Emergency Maintenance: Maintenance activities performed by Oqitor or its upstream providers deemed immediately necessary to address critical issues, protect network integrity, or prevent a more significant service impact, even if prior notice is not feasible. Oqitor will use reasonable efforts to minimize the duration and impact of such maintenance.
• Force Majeure Events: As defined in the Master Services Agreement or Service Order Form (e.g., acts of God, natural disasters, war, terrorism, civil unrest, labour disputes affecting third parties, widespread power outages, major upstream carrier network failures beyond Oqitor’s reasonable control, epidemics/pandemics, governmental actions).
• Customer-Caused Issues:
  • Acts or omissions of the Customer, its employees, agents, contractors, or end-users.
  • Misconfiguration, misuse, or failure of Customer Premise Equipment (CPE), Customer’s internal network (LAN/WAN), applications, software, or other systems not provided and managed by Oqitor as part of the Service.
  • Customer’s breach of Oqitor’s Acceptable Use Policy (AUP) or other terms of the Agreement.
  • Customer’s failure to provide Oqitor or its agents with necessary, safe, and timely access to premises or equipment for testing, repair, or maintenance, or failure to provide requested information or cooperation.
  • Customer’s refusal to allow Oqitor to perform necessary diagnostic tests or implement recommended solutions.
  • Security incidents or breaches originating from or caused by the Customer’s network or systems.
• Third-Party Networks and Services: Failures, interruptions, or performance issues on networks, services, or equipment not provided by or under the direct operational control of Oqitor or its direct upstream carrier for the specific Service component in question (e.g., the public internet, issues within another carrier’s network that is not Oqitor’s direct upstream for the service, local access loop issues if not part of an end-to-end Oqitor managed service and such issues are attributable to that third-party loop provider).
• Service Suspension: Periods during which Services are suspended by Oqitor in accordance with the terms of the Agreement (e.g., for non-payment, AUP violations, or security concerns).
• Beta or Trial Services: Any Services, features, or functionalities provided on a beta, trial, evaluation, or no-charge basis are provided “AS-IS” and “AS-AVAILABLE” without any SLA commitments, warranties, or remedies unless explicitly stated otherwise in a separate written agreement for such beta/trial service.
• Upstream Carrier Non-Creditable Events: Any event, condition, or outage that is not recognized as a creditable service failure by Oqitor’s upstream network provider under the terms of Oqitor’s agreement with that provider for the specific service component being resold to the Customer. Oqitor’s obligation to provide credits is contingent upon receiving corresponding credits from its upstream provider where the failure originates with such provider.
• Customer Data or Applications: Issues related to the performance, availability, or integrity of Customer’s data, applications, or content, unless such issues are a direct result of a confirmed Outage of the underlying Oqitor Service.
• Service Alterations: Unauthorized alterations or modifications to the Service or Oqitor-provided Equipment by the Customer or any third party not authorized by Oqitor.
• Usage Exceeding Contracted Capacity: Service degradation due to Customer usage exceeding the contracted capacity or design parameters of the purchased Service (e.g., exceeding subscribed bandwidth, call path limitations), unless such oversubscription is explicitly permitted and managed under the terms of the Service.

SLA credits are not cumulative; if multiple SLA metrics are impacted by a single underlying event, only one type of credit (typically the one corresponding to the primary impact, e.g., Availability) will be issued for that event, unless otherwise specified in the SOF/SLA Addendum. The total aggregate credits in any single calendar month for any Service shall not exceed the MRC for that Service for that month, unless otherwise specified.

4.3. Chronic Outage Provisions

If a specific Service at a specific Customer location experiences Chronic Outages, the Customer may have the right to terminate the affected Service without incurring an Early Termination Fee (ETF), subject to the terms defined in the Customer’s SOF or SLA Addendum. A “Chronic Outage” condition is typically defined based on the terms provided to Oqitor by its upstream carrier for that specific Service, and may include scenarios such as:

• A specified number of separate, qualifying Outages (excluding Excusable Downtime), each exceeding a defined duration (e.g., four (4) or more Outages, each lasting two (2) hours or more), occurring within a defined consecutive period (e.g., any thirty (30)-day period); OR
• A single qualifying Outage (excluding Excusable Downtime) lasting for an extended continuous duration (e.g., seventy-two (72) or more consecutive hours); AND
• Such Outages resulting in the actual Availability for the affected Service falling below a specified threshold (e.g., 95%) during the measurement period, as confirmed by Oqitor’s records.

To exercise this right, the Customer must provide Oqitor with written notice of its intent to terminate the affected Service under this chronic outage provision within a specified timeframe (e.g., thirty (30) days) following the end of the measurement period giving rise to such right. The right to terminate expires if not exercised within this timeframe. This provision does not apply to Outages arising from any of the Exclusions set out in Section 4.2 of this SLA. Termination under this clause is the Customer’s sole remedy for Chronic Outages unless otherwise specified in the SOF/SLA Addendum.

5. SLA Modifications

Oqitor reserves the right to modify this Standard Service Level Agreement document from time to time. Notice of material changes may be provided via Oqitor’s website, email, or invoice notification. However, the SLA terms applicable to a Customer’s specific purchased Service are those in effect and agreed upon in their active Service Order Form (SOF) or specific SLA Addendum at the time of service commencement or renewal. Any modifications to a Customer’s active SLA terms will require mutual written agreement, typically in the form of an amendment or new SOF/SLA Addendum.

Appendix A: Illustrative Service Credit Schedule (Based on Availability)

This schedule is illustrative and provided as an example of how service credits might be structured for Availability failures of certain enterprise services (e.g., DIA Fibre with a 99.9% target). **The actual credit schedule, applicable services, availability targets, and calculation methodology for your specific Services will be detailed in your Service Order Form (SOF) or SLA Addendum and are contingent upon the SLA provided to Oqitor by the upstream carrier.**

Note: The mapping of outage duration to availability percentage and specific credit tiers are illustrative and will be finalized in your SOF/SLA Addendum based on the specific upstream carrier SLA. The maximum total credit in any month for a specific service is typically capped (e.g., at 50% or 100% of the MRC for the affected service), as will be specified in the SOF/SLA Addendum.