Applicability
The Outage Protection Service Commitment described below applies only to Customers who have an active contract or Master Service Agreement (MSA) with Hologram explicitly stating that Outage Protection is included. If no such agreement exists, the Outage Protection terms and Service Commitment do not apply.Multi-Core SIMs
Hologram’s Multi-Core SIMs are SIMs that combine two profiles, providing connectivity via a minimum of two network providers, on a single SIM card with fallback capability enabled. In the event of a loss of Individual Network Availability (as defined below) of the primary network provider (“Network Provider 1”), a Multi-Core SIM can switch profiles and automatically attempt to connect via the secondary network provider (“Network Provider 2”). All Multi-Core SIMs deployed in the USA are guaranteed access to at least one Tier-1 USA or Canada backup network in that respective country through Network Provider 2.Outage Protection Service Commitment
Hologram shall use commercially reasonable endeavors to ensure that the Multi-Core SIM service Combined Network Availability, as defined below, is equal to or greater than 99.95% for any given calendar month (the “Service Commitment”) for Multi-Core SIMs that are active, powered, and attempting to connect to a cellular network. In the event of a loss of Individual Network Availability, as defined below, of Network Provider 1, resulting in the modem signaling to the SIM that it has entered a limited service or no service state, and after no more than one hour of the SIM being continuously powered and the modem attempting to connect while in a limited service or no service state, a Multi-Core SIM can switch profiles so that a modem can automatically attempt to connect via Network Provider 2. In the event that Hologram does not meet this Service Commitment, Customer will be eligible to request a Service Credit as described below. For Multi-Core SIMs to switch profiles and operate as expected, a modem must support “proactive polling” and must send “STATUS” events to the SIM that indicate entering and leaving the states of limited service and no service on an interval of once every twenty to thirty seconds, and without interruption of this interval, as described in the 3GPP’s Card Application Toolkit specifications (e.g. ETSI TS 102.221 and ETSI TS 102.223). For the avoidance of doubt, a lack of modem or device support shall not be considered an Outage, as defined below. For purposes of this Agreement, (1) “Individual Network Availability” shall mean for each network provider (each of Network Provider 1 and Network Provider 2) that the particular network provider allows modems to attach to a tower and establish a PDP context when using the correct/compatible modem configuration and APN configuration for Hologram’s services; (2) “Combined Network Availability” shall mean whether or not a provider (at least one of either of Network Provider 1 or Network Provider 2) allows modems to attach to a tower and establish a PDP context when using the correct/compatible modem configuration and APN configuration for Hologram’s services on those towers for which a SIM is contractually allowed access; and (3) “Outage” shall mean a loss of Combined Network Availability that results in a Combined Network Availability Percentage (as defined below) of less than 99.95%, but shall exclude the percentage of time (no more than one hour) prior to the Multi-Core SIM switching profiles, and a lack of coverage or contractual access to a network shall not be considered an Outage.Combined Network Availability Percentage
The “Combined Network Availability Percentage” is calculated by subtracting from 100% the percentage of eligible minutes during the month that the Multi-Core SIMs faced a loss of Combined Network Availability and did not meet the Service Commitment. Combined Network Availability calculation periods are based on full calendar months, commencing at 00:00:00 on the first calendar day of the month to 23:59:59 on the final calendar day of the month. Note that scheduled/planned downtime (such as planned works) and the exclusions set forth in the Multi-Core SIM Service Commitment section and Service SLA Exclusion section, are not considered Outage periods and therefore not subject to the 99.95% availability commitment.Service Credits
A “Service Credit” is a US dollar credit, calculated using the formula set forth below, that will be credited to Customer’s Hologram account for assignment towards future Hologram service charges. Service Credits are calculated based solely on the monthly recurring charges and data charges attributable to Multi-Core SIMs with Outage Protection enabled that were affected by the Outage, excluding charges for any other SIM types, devices, or services.Combined Network Availability Percentage / Service Credit Percentage
Less than 99.95% but equal to or greater than 99.0%:
- Customer will receive 10% of the monthly recurring charges and data charges for affected Multi-Core SIMs with Outage Protection enabled in the month preceding the Outage as a Service Credit.
Less than 99.0%:
- Customer will receive 25% of the monthly recurring charges and data charges for affected Multi-Core SIMs with Outage Protection enabled in the month bill preceding the Outage as a Service Credit.