1 GENERAL
Optinet shall provide the Customer with support for the delivery of the Service Order Form though the provision of a helpdesk, interfaces and escalation management in respect of the Service Order Forms, incidents and service maintenance.
Whilst Optinet will try to ensure that the Services are of a high quality, we do not give any guarantee that the Services will be uninterrupted or free from error. Where necessary for commercial, technical or other reasons, we use may suspend or terminate a third-party network or another provider’s connection to the Services. You agree that suspension or termination will not constitute a breach by us of the Agreement and that the services are provided on an “as is” basis without guarantee of any kind.
You acknowledge that any fault with the Services or Equipment may take some time to resolve while the cause is identified and a repair carried out. You agree that you will allow Optinet a reasonable period of time to investigate and resolve any fault with the Services or Equipment.
2 HOURS OF SERVICE
2.1 Incident reporting via the helpdesk is available to the Customer twenty four (24) hours a day seven (7) days a week.
2.2 Provisioning support is available to the Customer during Optinet’s office hours available on Optinet’s website from time to time.
3 SERVICE MANAGEMENT
3.1 Incident Management:
3.1.1 The Customer shall make incident reports via the relevant Interface. The Customer shall provide a complete description of the incident and any reasonable information requested by Optinet. In the event that the requested information is not provided by the Customer, Optinet reserve the right to return the incident to the Customer requesting the missing information but shall not affect the logging of the time of the incident.
3.1.2 In the event that the electronic interfaces are not available, then incidents may be raised by telephone using the numbers listed in the Service Order Form.
3.2 Provisioning target lead times for:
3.2.1 fibre based Services is within 65 Working Days;
3.2.2 copper based Services is within 30 Working Days.
3.3 Provisioning Service Credits:
3.3.1 By the Customer Handover Date the applicable Service will be tested with a configuration to meet the Service Order Form.
3.3.2 If Optinet do not achieve the anticipated Customer Handover Date then the Customer will be entitled to Service Credits as set out in the below table.
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Number of Working Days that the Service Date is Past the Customer Handover Date
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Customer discount from Connection Charges
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1-10
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5%
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11-15
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7.5%
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16-20
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10%
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More than 20
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12.5%
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3.3.3 Service Credits only apply to the and excludes any Excess Construction Charges and ancillary Charges.
3.3.4 The service level outlined in this Service Level Agreement cannot be applied where:
- (a) The Customer is in breach of any part of this Service Schedule, the Agreement, and the Service Order Form which affects Optinet’s ability to install the relevant Service, or Optinet suspend the relevant Service or any part of it in accordance with the terms of the Agreement; or
- (b) A Force Majeure Event is affecting the relevant Service or the provisioning of the same (which without limiting the generality of the definition of a Force Majeure Event shall include where Optinet are reliant upon action being taken by a third party which is not a sub-contractor of Optinet’s); or
- (c) Optinet are unable to gain access to, or carry our any necessary work at, the relevant Site, or the Customer fails to agree an appointment date or;
- (d) Reasonable assistance is required or information is reasonably requested by Optinet from the Customer or their nominated third party and such assistance or information is not provided or is not provided in a timely fashion; or
- (e) The Customer modifies a Service Order Form after the Customer Promise Date has been issued whereupon a new Customer Promise Date shall be agreed between the Parties.
3.4 Network Maximum Transmission Units (MTU)
The Maximum Transmission Unit supported by Optinet is 1500. Any frames transmitted to Optinet in excess of an MTU of 1500 will be fragmented and unsupported.
3.5 Service Availability:
3.5.1 The Service will be made available to the Customer 99.9% of the time in any given calendar month. Service unavailability exists when a Customer Service is unable to transmit and receive IP Packets to/from an On-Net Host as assigned by Optinet at the time of the incident. An On-Net host is defined as Layer-3 enabled equipment that responds to ICMP commands like Ping and TraceRoute owned by Optinet. Service Unavailability is measured from the time. Optinet acknowledge a service outage and a Helpdesk ticket is opened.
3.5.2 If Optinet fail to meet the Service Availability, then for each cumulative hour of Service unavailability exceeding the TRT within a given month, the Customer shall be entitled to Service Credits as set out in the table below but not exceeding 50% of the monthly Service fee.
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Cumulative Ethernet Circuit Un-availability duration
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Customer discount
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> 1 min to ≤ 1 Hour
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2.5%
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> 1 Hour and ≤ 2 Hours
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5.0%
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> 2 Hour and ≤ 3 Hours
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7.5%
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> 4 Hour and ≤ 12 Hours
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12.5%
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> 13 Hour +
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50.0%
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3.6 Service Latency:
The aggregated monthly average latency target shall be ≤ 30.00 milliseconds. If Optinet fail to meet the Service latency target during any calendar month, then the Customer shall be entitled to 2.5% credit pro-rated from the Customers recurring monthly Service fee as set out in the Service Order Form.
3.7 Service Jitter:
The aggregated monthly average Service Jitter target shall be ≤ 15.00 milliseconds. If Optinet fail to meet the aggregate Service Jitter target during any calendar month, then the Customer shall be entitled to 2.5% credit pro-rated from the Customers recurring Monthly Service fee as set out in the Service Order Form.
3.8 Service Fault Handling:
3.8.1 Target Restore Time (TRT) is measured from the time Optinet acknowledge a Service outage and a Helpdesk ticket is opened.
3.8.2 Upon correct notification of an incident, Optinet will assign an appropriate incident level as set out in the below table. It is at Optinet’s sole discretion to define any severity level and it is possible during diagnostics that the severity level is changed.
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Severity Level
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Fault description
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Priority 1
(Total outage)
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For incidents where the issues have existed for one hour or more before incident logging and is limited to the following:
(a) Total loss of Service (which is defined as no transmission of signals in one or both directions); or
(b) Available throughput is ≤10% of predicted Service Bandwidth; or
(c) Packet loss is ≥5%( )
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Priority 2
(Severe Intermittence)
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Intermittent connectivity of a single spoke site that has a high degree of Service impact:
(a) Where the intermittence can be demonstrated repeatedly within a one hour interval( )
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Priority 3
(Degradation)
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Intermittent connectivity of single spoke site that has low Ethernet Service impact:
(a) Where the intermittence cannot be demonstrated repeatedly within a one hour interval
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Priority 4
(Query)
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End User application performance issues across a particular Ethernet Service
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Target restore times are set out as below:
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Severity
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Target Time to Restore clock hours)
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Fibre based
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Copper based
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Priority 1
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6
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8
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Priority 2
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12
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12
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Priority 3
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24
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24
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Priority 4
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48
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48
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4. CLOCK HOURS
4.1 Clock hours shall be defined as the difference in hours between the Start Time and Stop Time excluding any Parked Time:
4.1.1 “Start Time” is the initial timestamp of an incident on Optinet’s helpdesk system;
4.1.2 “Stop Time” is when the status of the incident becomes resolved; and
4.1.3 “Parked Time” will be excluded from the gross elapsed time and therefore, Clock Hours will reflect the time for which Optinet or Optinet sub-contractors are wholly responsible.
5 PARKED TIME
5.1 Parked Time is where the progression of the resolution of an incident is outside of Optinet’s or Optinet’s sub-contractors control including where:
5.1.1 the helpdesk Ticket is marked as Pending Requestor Information or Optinet have requested information missing from the helpdesk Ticket submission without which the relevant Service cannot be repaired;
5.1.2 Optinet are awaiting a power down or up of the Customer/User’s equipment or results of other tests;
5.1.3 Optinet are awaiting the Customer/User’s availability for a visit appointment;
5.1.4 the Customer/User or, as applicable is unavailable to respond to Optinet;
5.1.5 a visit appointment is confirmed outside of the resolution windows at the request of the Customer/User – Parked Time commences when a visit appointment is agreed with the Customer/ User until the visit appointment commences;
5.1.6 Optinet, its agents or sub-contractors are unable to access a Site at an agreed time for a visit appointment – Parked Time commences when Optinet, its agent or sub-contractor attends the Site until a rescheduled visit appointment commences and the incident report will move to a Pending Requestor Information status;
5.1.7 Optinet, its agent or sub-contractors have cleared the incident and has notified the Customer/User or, as applicable and the status of the incident is “Resolved”; or
5.1.8 Where the Site does not have 24×7 access and the Customer/User requests an engineer at attend Site when the Customer/User is available for a visit. Parked Time commences when a visit appointment is agreed with the Customer/User and ends when the visit appointment commences.
6 SCHEDULED NETWORK MAINTENANCE
Scheduled network maintenance refers to upgrades or modifications to network equipment software and hardware and/or network capacity (“Scheduled Network Maintenance”). Scheduled Network Maintenance may temporarily degrade the quality of Service or include a short-duration outage. Scheduled Network Maintenance shall take place between the hours of 00:00 and 06:00 on any of the seven (7) week days. Optinet will endeavour to schedule any network maintenance on the days of Saturday and Sunday and provide the Customer with at least seven (7) days’ notice prior to the Scheduled Network Maintenance activity. If Optinet’s scheduled Network Maintenance is cancelled or delayed, Optinet will use best endeavours to notify the Customer and shall comply with the provisions of this paragraph to reschedule any delayed maintenance activity. Such effects relating to the Scheduled Network Maintenance shall not give rise to service credits under this Service Level Agreement.
7 EMERGENCY NETWORK MAINTENANCE
Emergency network maintenance refers to efforts to correct network conditions that are likely to cause a Major Service Outage (MSO) and require immediate action (“Emergency Network Maintenance”). Emergency Network Maintenance may temporarily degrade the quality of Services or include a short-duration outage. Such effects related to Emergency Network Maintenance shall entitle Customer to service credits as set out in this Service Level Agreement if and only if service degradation or loss of service occurs outside of a Scheduled Network Maintenance window. Optinet may undertake Emergency Network Maintenance at any time deemed critical and shall provide notice of Emergency Network Maintenance to Customer as soon as it is commercially and practicable to do so under Emergency Network Maintenance conditions.
8 SERVICE CREDIT EXCLUSIONS AND LIMITS
Any calculations used to claim Service credits under this Service Level Agreement shall not include any unavailability resulting from Scheduled Network Maintenance, a Force Majeure Event or the failure of non-service impacting equipment or systems used for network measurements. The Customer account must be kept in good financial order, any failure to maintain the account will void any claim under this Service Level Agreement.
