3G failsafe for IP VPN services specific terms and conditions

Transcription

1 3G failsafe for IP VPN services specific terms and conditions Issue date: 11th November 2013 These Specific Terms and Conditions are to be read in conjunction with our General Terms and Conditions of Supply. All definitions contained within these Specific Terms and Conditions have the same meaning as those set out in the General Terms and Conditions of Supply. In the event of any conflict between these Specific Terms and Conditions and the General Terms and Conditions of Supply, the provisions of these Specific Terms and Conditions shall apply. 1 DEFINTIONS 1. "3G Failsafe for IP VPN Services" means the provision of an alternate data path in the event that the primary data path supplied through the Fixed Line Connection becomes unavailable for a period of greater than 2 minutes; 2. "3G Signal" means the radio signal between the CPE Router terminating the Fixed Line Connection and the nearest Mobile Network Operator transmitter mast operating the MHz and MHz range; 3. "Broadband" means internet access using ADSL Max and/or ADSL2 technology; 4. "CPE Router" means the router located at the Customer Premises and at which the Fixed Line Connection terminates; 5. "Customer s Premises" means the premises set out in the Order Form as being those premises to which the Services are to be provided; 6. "Fibre Broadband" means internet access using optical fibre (rather than traditional copper cabling) for the connection between the BT exchange and the Customer s local street Cabinet; 7. "Fixed Line Connection" means the Broadband or Fibre Broadband connection used to provide a data path into the IP-VPN Solution; 8. "Minimum Cancellation Notice Period" means 30 days or such other period agreed between the parties. This notice shall not take effect until expiry of the Minimum Service Period; 9. "Minimum Service Period" means 12 months from the date of activation of the 3G Failsafe for IP VPN Services or such other period agreed between the parties;

2 10. "Mobile Network Operator" ("MNO") means the owner of the wireless communications infrastructure and controller of the radio spectrum allocation on which the 3G data path is provided between the CPE Router and the interconnect between the MNO infrastructure and Zen s network infrastructure; and 11. Order Form" means the order form for the supply by Zen of the Equipment and/or Services and/or any additional services, which has been completed by, or in accordance with an order received from, the Customer. 2. COMMENCEMENT OF SERVICES 1. Before accepting the Customer s Order for 3G Failsafe for IP VPN Services at any of the Customer s Premises, Zen will provide an estimate of the likelihood that the Premises to be provisioned can receive a sufficient signal 3G signal both indoors and outdoors. 2. The actual capability of the equipment to receive a 3G signal indoors will be validated during provisioning of the Fixed Line Connection. The installation engineer will use reasonable endeavours to obtain the maximum possible signal strength and may make use of an indoor antennae extension kit which may be located anywhere in the room. 3. If it is not possible to provide the 3G Failsafe for IP VPN Services because it is not possible to receive a sufficient 3G signal inside the room where the CPE Router is to be located, Zen will notify the Customer as soon as possible. 4. In the event that Zen is unable to provide the 3G Failsafe for IP VPN Services, the parties shall meet to discuss alternative means of providing a data path, including, but not limited to investigating: 5. the installation of an external antennae at the Company s Premises; or 6. the provision of a different technology to provide the alternate data path. 3. INSTALLATION AND ACTIVATION 1. In addition to the items listed at paragraph 2.2, certain Equipment may need to be installed at the Customer s Premises to enable Zen to provide the 3G Failsafe for IP VPN Services. 2. Before accepting the Customer s Order for 3G Failsafe for IP VPN Services: 1. Zen may give the Customer some advice on any preparation which is necessary for the installation of such Equipment; and 2. the Customer will need to provide a suitable location for any Equipment which is purchased from Zen, or which the Customer supplies itself.

3 3. Zen will use its reasonable endeavours to activate the 3G Failsafe for IP VPN Services by the date notified to the Customer following acceptance of the Customer s order, however, the Customer acknowledges that all dates are estimates and Zen cannot guarantee that they will be met. 4. For the avoidance of doubt, the service terminates on the same CPE Router used to terminate the Fixed Line Connection. 4. MONITORING AND AVAILABILITY 1. Zen will monitor the strength of the 3G Signal and the stability of the 3G Failsafe for IP VPN Services as an extension of the Fixed Line Connection. 2. In the event that the 3G Signal deteriorates to a level which renders the 3G Failsafe for IP VPN Service unusable due to insufficient throughput to operate the Customers applications, Zen will investigate if the CPE Router or the 3G Data SIMM is the root cause and if so, Zen will classify the issue as a Priority If the 3G Failsafe for IP VPN Service is unavailable due to a fault in the Zen network, Zen will classify the issue as a Priority Zen shall not be held responsible, nor shall it accept any liability where the 3G Failsafe for IP VPN Service becomes unavailable due to: 1. radio signal interference caused by equipment in the surrounding area of the Customer Premises where the CPE Router is located; 2. subsequent construction of buildings or other structures which weaken or block the signal between the Customer Premises and the Mobile Network Operator s 3G transmission mast; 3. restructuring of the mobile network by the Mobile Network Operator; or 4. any other eventualities beyond the reasonable control of Zen. 5. Zen make no guarantee in respect of the minimum data throughput obtainable over the 3G Data Service (the "Throughput"). The Throughput will be tested during provisioning and the results will be used as the baseline to report against for as part of monthly report. 6. If the average Throughput drops below a level which is unusable for a particular site the Customer shall have the right to terminate the 3G Failsafe for IP VPN Service for that site only. For the avoidance of doubt, Zen and the Customer shall, acting reasonably, determine whether the average Throughput is unusable. 5. CHARGES

4 1. Charges for the 3G Failsafe for IP VPN Service shall be charged in addition to the fixed monthly management charge for the Zen IP VPN Solution or the Zen Fibre VPN Products for the 3G Failsafe for IP VPN Service. 2. There are no charges for mobile data usage in respect of data sent over the 3G Failsafe for IP VPN Service which is either: 1. management traffic used to monitor the 3G Failsafe for IP VPN Service; or 2. due to Fixed Line Connection failover caused by a fault within the Zen network or the IP VPN Solution. 6. TERMINATION 3. Once the 3G Failsafe for IP VPN Service have been activated and are available for you to use, you may only end this Agreement by notice equal to the Minimum Cancellation Notice Period. The Minimum Cancellation Notice Period shall not expire until on or after the Minimum Service Period has ended. 4. Where the 3G Failsafe for IP VPN Service is terminated within the Minimum Service Period, you will remain liable for the charges for the remainder of the term. This will be in addition to any cease charges for termination of the 3G Failsafe for IP VPN Service itself. 7. FAULT PRIORITIES 1. If the Fixed Line Connection is operational and the 3G Failsafe for IP VPN Service becomes unavailable due to the reasons described in section 4.2 then the fault will be classed as a Priority If the Fixed Line Connection is out of service and the 3G Failsafe for IP VPN Service becomes unavailable due to the reasons described in section 4.3 then the fault will be classed as a Priority For the purposes of these Specific Terms and Conditions, Priority shall be defined as follows: Priority Impact definition Initial response (not autoresponder) Target frequency feedback P1 Critical Target repair time: 4 hours Total Service unavailable or severe operational Verbally - Within 1 Hour Every hour

5 fault with no work around. P2 High Target repair time: 12 hours Operational fault that results in partial service availability Verbally Within 4 Hours Every 2 hours P3 Medium Target repair time: 1 working day Operational fault but a work around already exists so that business can continue with little or no impact Verbally Within 8 Hours Every 4 hours 4. 8 DATA PROTECTION 1. In order to provide you with the 3G Failsafe for IP VPN Service, we may need to share your personal details with our suppliers. 2. Our suppliers may write to or call you directly about any changes to your order fulfilment or repair of your 3G Failsafe for IP VPN Service or to confirm the time of their engineers arrival for appointments. 3. Both we and our suppliers will comply with the Data Protection Act with regards to any data we hold about you.