Uptime Guarantee Agreement (“UGA”)

Last modified: 2024-08-01 During the term of the agreement under which Google Fiber has agreed to provide Google Fiber Services to you (“Agreement”), the Covered Service will provide a Monthly Uptime Percentage to you of 99.9% (the “Uptime Guarantee”). The terms of this UGA are incorporated into the Agreement. If Google Fiber does not meet the Uptime Guarantee, you will be eligible to receive the Uptime Guarantee Credits described below. This UGA states your sole and exclusive remedy for any failure by Google Fiber to meet the Uptime Guarantee.

Definitions

The following definitions apply to the UGA:

“Covered Service” means a Google Fiber Internet Service to which this UGA applies, as indicated to you during the sign up process (if you are a new customer), or in the portal (if you are an existing customer).
“Downtime” means a Covered Service outage associated with your connection to the Google Fiber network such that the Covered Service is unusable due to a total loss of signal after completion of construction and installation of the Covered Service.
“Monthly Recurring Charge” means the recurring charges for the Covered Service as specified in your bill, and excludes all taxes, surcharges, license fees, right-of-way fees, franchise fees, and other fees assessed by or required by applicable law to be remitted to any federal, state, or local governmental entity or its agent.
“Monthly Uptime Percentage” means the total number of minutes in a month, minus the number of minutes of Downtime in a month, divided by the total number of minutes in a month.
“Service Credit” means any financial credit (other than Uptime Guarantee Credits) Google Fiber provides to you under the Agreement.
“Uptime Guarantee Credits” means the following:

Monthly Uptime Percentage	Percentage of Monthly Recurring Charge that will be credited
< 99.9%	25%

Reporting

During the term of the Agreement, Google Fiber will provide monthly internet uptime reports to you that describe Google Fiber’s performance with respect to the Uptime Guarantee.

Uptime Guarantee Credit Procedures

If Google Fiber determines in its sole discretion that you are eligible to receive an Uptime Guarantee Credit, Google Fiber will automatically apply the Uptime Guarantee Credit to your bill for the second billing cycle following the month in which Google Fiber did not meet the Uptime Guarantee.

Maximum Credits

The aggregate maximum number of Uptime Guarantee Credits to be issued by Google Fiber to you in a single billing month will not exceed 25% of the Monthly Recurring Charge for the applicable month.The aggregate maximum number of credits (i.e., Uptime Guarantee Credits plus Service Credits) to be issued by Google Fiber to you in a single billing month will not exceed 100% of the Monthly Recurring Charge for the applicable month.

UGA Exclusions

The UGA does not apply to Downtime that resulted from: (a) scheduled maintenance events, (b) your acts or omissions, including abuses or other behaviors that violate the Agreement, (c) your software or hardware or third party software or hardware, or both, (d) updates or configuration changes to equipment provided by Google Fiber, or (e) factors outside of Google Fiber’s reasonable control, including commercial power outages.The UGA does not apply to any month where (x) you subscribed to the Covered Service for less than the full calendar month or (y) you or Google Fiber suspended your receipt of the Covered Service at any point during such month.