Means the service contract which comprises the customer order form and these terms and conditions.

Transcription

1 1. DEFINITIONS Wrd Agreement Agreement date Activatin date Cmmitted Delivery Date (CDD) Custmer Premises Equipment (CPE) Custmer Requirement Frm (CRF) Custmer equipment Data centre Ethernet First Mile (EFM) Ethernet circuit PMGC equipment Leased line Initial term Mnthly Recurring Charge (MRC) Netwrk Terminatin Equipment (NTE) Pint f Presence (PP) Meaning Means the service cntract which cmprises the custmer rder frm and these terms and cnditins. Means the date which the custmer rder frm and dcumentatin was received by PMGC. Means the date by which the services becmes live and first made available fr use by the custmer. Means the date by which we anticipate the activatin date f the services t begin. This is als the date by which PMGC is measured against service credits fr failing t deliver n r befre the CDD. CPE such as mdems and ruters that is required fr use with the service. Supplied by PMGC r their third parties where their prvisin is fr the express use f this service. Is a dcument detailing cntact details, building details and psitin f equipment etc, which needs t be cmpleted prir t PMGC placing the circuit rder with their base carrier suppliers. This ensures that we have the crrect infrmatin frm the utset f the agreement. Means apparatus belnging t the custmer nt frming part f the PMGC equipment but which may be cnnected t the CPE. Is a dedicated building prviding space, pwer and secure facilities fr string data equipment and services. Often called a carrier htel (where a telecmmunicatins carrier will rent space r rms within a data centre). Is a term f reference given t the delivery f an Ethernet circuit, where the tail circuit is cpper rather than the traditinal fibre. New technlgy makes this pssible and mre affrdable in lcatins where fibre delivery is either impssible r prhibitively expensive. Is similar t a leased line, but is generally a fibre based prduct t the pint f entry int a building (except where the tail circuit is prvided as cpper n an EFM technlgy). Hwever, Ethernet circuits differ in that they are always presented as either an RJ45 cnnectin (cpper twisted pair Cat5e patch cable) r as a fibre patch cable presentatin (terminatin type t be specified). Ethernet circuits perate at the Internatinal standard IEEE Ethernet circuits are available usually at incremental speeds f 1Mb r 2Mb, where the minimum circuit speed is 1Mb, and the maximum will be multi gigabit circuits. Means any apparatus r equipment prvided by PMGC r any third party t the custmer t enable prvisin f the service under this agreement. A leased line is a symmetric telecmmunicatins line cnnecting tw lcatins. It is smetimes knwn as a 'private circuit' r 'data line'. Unlike a traditinal PSTN line it des nt have a telephne number, each side f the line being permanently cnnected t the ther. Leased lines can be used fr telephne, data r Internet services. In this instance, we refer t leased lines as either a pint t pint (P2P) cnnectin between tw custmer lcatins, r between a custmer lcatin and a data centre, r between a custmer lcatin and a carrier PP. In the latter instance, this will be typically fr Internet prvisin. In the U.K. leased lines are available at speeds frm 64Kb/s increasing in 64Kb/s increments t 2Mb/s ver a channelised E1 tail circuit, and can be purchased in higher bandwidths. Hwever, PMGC nly prvides 2Mb E1 circuits. These circuits can be prvided ver cpper r fibre. Means the term f the agreement as specified in the custmer rder frm e.g. 36 mnths. The minimum initial term is always 36 mnths unless therwise stated in the custmer rder frm. Refers t the mnthly recurring charge fr service. Typically third party equipment supplied by PMGC r their third parties where their use is fr the express purpse f prvisining the NTE as described in the custmer rder frm. This equipment may reside within the custmer s premises, the end user s premises, r PMGC and r their third parties premises. Is a nde within the PMGC r carrier netwrk, sited within a data centre r telephne exchange. Public Switched Telecms Netwrk (PSTN) In the UK this is generally assumed t be a BT prduct, referring t a cpper wire, analgue telephne line, r ISDN circuit. Service cntract Service Service levels Service Level Agreement (SLA) Target ready fr service date (TRFS) Third party service prvider Third party services Means the cmplete dcument which includes the custmer rder frm and the dcuments as nted n the custmer rder frm. Means the services described in the details within the custmer rder frm, and frming part f this agreement. Means the service levels relating t the services which are cntained in the SLA. Means the service level agreement as in clause 4.0 f this dcument r such ther service level agreement which is agreed in writing between the parties frm time t time. Means the initial date which is supplied by the PMGC prvisining team as the estimatin fr an activatin date. This is nt a binding date, nr is it a CDD, and shuld be used as a guide nly as t the likely activatin date. Means the prvider f any third party services. Means any part f the services which PMGC prcures frm a third party any third party telecmmunicatins services and/r equipment which PMGC uses in rder t prvide the services. Page 1 f 6

2 2. INTRODUCTION 2.1 The terms f this agreement frm part f the cnditins f sale, and shall be incrprated int the custmer rder frm signed by the custmer. 3. ORDER PROCESS 3.1 PMGC will supply the custmer with the services in accrdance with these terms and the accmpanying signed custmer rder frm and fully cmpleted CRF. The cmbinatin f which, will frm a service cntract between the custmer and PMGC. 3.2 PMGC reserves the right t make any changes t these terms r t the service cntract, including changes t the service and the SLA as is required frm time t time, t reflect: Technical and peratinal changes t the cre PMGC netwrk r that f ne f ur third party prviders prvided such changes d nt materially affect the applicable service prvided t the custmer Changes enfrced by law, regulatin r cdes f cnduct which may be altered r issued frm time t time 3.3 PMGC will ntify acceptance f a custmer rder frm by within a target f 5 wrking days. Orders will be accepted n the basis that the custmer has prvided: A fully cmpleted and signed cpy f the custmer rder frm (in duplicate) A fully cmpleted CRF detailing cntact names, site addresses, and terminatin details as requested n the current published CRF The PMGC representative will supply the CRF, usually at pint f rder. 3.4 PMGC will endeavur t issue a TRFS at the same time at which they acknwledge receipt and cnfirm the custmer rder. The TRFS is the day n which we expect (under nrmal circumstances) the service activatin date cmmences, and therefre the date which the service cntract starts. 3.5 Thrughut the prvisining prcess, PMGC will need t cmmunicate with named member(s) f the custmer s staff (r their nminated representatives) t arrange access t the custmer premises fr PMGC and/r their third party suppliers. Any delays t these requests either by the custmer, their representatives, r the Landlrd f the terminatin premises will delay PMGC frm meeting the TRFS and frm issuing a CDD. 3.6 Typically within 10 wrking days f acceptance f an rder, PMGC r their third party representative will perfrm a terminatin lcatin, premises survey, als knwn as a site survey. It is typical that within a further 10 wrking days f the site survey, that PMGC will be able t issue a CDD. 3.7 The CDD is the date by which PMGC agree t have service ready fr use (the activatin date), and shuld PMGC miss this target date, the custmer is able t claim service delivery credits which are detailed belw in table 3.0 subject t 3.5, any delays utside f PMGC s cntrl may lead t delays in the CDD and therefre invalidate any service delivery credit claim. Table 3.0 Number f wrking days beynd PMGC CDD date % % % Mre than 20 20% Cmpensatin = percentage f cnnectin charge fr the circuit t be credited t the custmer 3.8 In the event that the custmer takes a dual circuit slutin frm PMGC, where the tail circuits are prvided by alternate carriers (r the same carrier but via gegraphically diverse PPs) and ne is cnfigured as primary, with the ther as a backup, then PMGC will prvide a TRFS and a CDD fr each circuit. The prcesses utlined within this dcument fr delivery, will apply t each. Where the slutin is quted and sld at a fixed mnthly, quarterly r annual price, PMGC reserve the right t charge fr separate services as they are delivered. E.g. custmer takes 100Mb leased line, with a 10Mb leased line backup. In this event, PMGC will charge fr the first circuit and accmpanying hardware (such as, but nt limited t, ruters, firewalls r cable trays) delivered n a pr rata basis, as this is a useable Internet cnnectin. The final charges will be applied n delivery f the secnd circuit and its cnfirmed live backup status presented in a wrking cnditin. At this stage, the cntract term f the agreement fr the slutin will start. E.g. custmer taking a 36 mnth term cntract, with a 100Mb primary and a 10Mb backup circuit. The 100Mb circuit is delivered (as wrking) 2 mnths befre the backup circuit. Nt until the delivery f the backup circuit will the 36 mnth term f the agreement start. This means that the custmer will be liable t pay the installatin, mnthly rental and reasnable set up csts as described abve, fr the primary circuit fr an additinal 2 mnths in this example. In all cases, unless therwise stated by the custmer, PMGC and their third party suppliers as applicable will endeavur t prvide bth r any circuits as part f any given slutin at the same time. Hwever, when this is nt practicable r any third part service prvider will nt accmmdate such requests, then the custmer will be liable fr all service charges as they arise n the activatin date f said services. 3.9 In the event that a custmer takes an ADSL backup service t their primary circuit, PMGC will deliver the ADSL service and the leased line as clse t the leased line CDD as pssible using all reasnable endeavurs. The exceptin t this will be when a custmer asks fr the ADSL service t be supplied in lieu f the leased Line being fulfilled. In this instance, PMGC will charge pr rata fr the delivery and rental f the ADSL service and accmpanying hardware (such as, but nt limited t, ruters, firewalls r cable trays). The final charges will be applied n the activatin date f the primary circuit Fr ADSL backup services, at n time will the prvisin f an ADSL service be subject t service delivery credits. In additin, the ADSL circuit terms and cnditins specific t the installatin and use f that line are separate frm this dcument, and are available n request thrugh yur PMGC representative Where ADSL backup services are taken, it is the custmer s respnsibility t ensure that there is an adequate, uncmprmised BT analgue PSTN circuit. Shuld the custmer nt prvide a valid telephne number fr this PSTN circuit, PMGC will ffer the service at an additinal cst as supplied by a PMGC representative. Similarly, if the PSTN terminatin is nt in the crrect lcatin (shuld be within 3 metres f the planned leased line terminatin pint) then PMGC will nt be able t prvide the ADSL service as a backup Delivery terms fr all ADSL services are utlined in the ADSL terms and cnditins Fr all services, when an installatin fee is levied (as per the custmer rder frm) PMGC reserve the right t invice this fee, which must be paid befre we hand ver the service Subject t 3.8 and 3.9, the term f the service cntract as indicated n the custmer rder frm will nt start until the final circuit r cmplete slutin is delivered. I.e. the service charges and start dates f individual circuits may be staggered, but the service slutin term f cntract will start and end at the same time. This means that the first circuit t be prvisined will be inviced prir t the term f the cntract starting, and the invice perid in lieu f the backup r secndary circuit(s) will vary depending n the independent tail circuit CDDs. Wherever pssible hwever, we will try t ensure that the CDD fr each circuit in a multi circuit slutin are as clse tgether as pssible. Page 2 f 6

3 3.15 CUSTOMER S RESPONSIBILTY: It is the respnsibility f the custmer at all times t ensure the fllwing: 3 pin standard UK plug scket is available fr each piece f required electrnic equipment supprting the service(s) prvided. Typically this will be ne scket fr each carrier NTE, and ne fr each ruter (r CPE) supplied by PMGC t supprt the service. In additin, additinal pwer sckets may be required as directed fllwing initial site survey depending upn the slutin(s) purchased Fr all ADSL services as a backup, the custmer must ensure that a nn-service bearing standard analgue PSTN line is available fr PMGC t enable the ADSL service. This PSTN line must terminate within 3 metres f the lcatin f the PMGC CPE That enugh rack space, where the custmer expects the carrier NTE and PMGC CPE t be psitined within a data rack (standard UK 19inch width), and that there is at least 3U f available space per single leased line r Ethernet circuit. As much as 10U may be required in certain circumstances but this is the exceptin rather than the rule and shuld be identified at survey 4. Service Level Agreement (SLA) 4.1 During active service, PMGC ffer a 99.9% uptime service level fr all leased line/ Ethernet circuit prducts, extending t 99.99% where a backup service is taken. 4.2 PMGC prvides ptinal active alerts n all direct Internet access circuits r any circuits which are prvided with CPE which is wned by PMGC, and prvided as part f a managed service by PMGC. This means that in the event f any prblems detected n yur circuit, PMGC will, with best endeavurs, be able t ntify a named member (r members) f the custmer s staff f such issues via SMS r . The fllwing rules in table 4.0 are set as a target nly. Table 4.0 Fault r prblem detected Time f day Target respnse time Methd f respnse PMGC IP mnitr flags alert that wuld appear t mean custmer circuit has failed. Immediate investigatin t cnfirm if this is real r glitch, and where the fault lies Mn Fri minutes SMS alert r (autmated generatin) f a ptential issue with the service, fllwed up with a phne call PMGC IP mnitr flags alert that wuld appear t mean custmer circuit has failed. Immediate investigatin t cnfirm if this is real r glitch, and where the fault lies Mn Fri and weekends/ bank hlidays 30 minutes SMS alert r (autmated generatin) f a ptential issue with the service, fllwed up with a phne call 4.3 PMGC target t repair all lgical faults n leased lines is 6 clck hurs. Lgical faults are thse relating t any equipment, either the CPE prvided by PMGC as part f the managed service, r NTE within the PMGC netwrk and their supplier s netwrk. 4.4 Where there is a physical fault, which relates t fibre r cpper wire faults, then the target time t reslve is within clck hurs. 4.5 Service availability is a measure f the relative amunt f time a circuit is available fr custmer use during a given calendar mnth. Service unavailability is defined as any perid fr which the service is unavailable, and is measured frm the time: That the custmer reprts service unavailability t PMGC, and pens a supprt ticket (custmer must btain a reference number fr their call this is autmatically given with lgged calls), until the time; That PMGC advises the custmer that the service is restred and perating in accrdance with agreed specificatins, and PMGC clses the supprt ticket. Any perids f time during which a supprt ticket is kept pen at custmer s request fllwing ntificatin by PMGC that service has been restred, is nt included in measuring the duratin f a perid f service unavailability 4.6 When leased line backup r ADSL backup services are taken, then PMGC will prvide a 99.99% SLA fr the slutin as a whle. Shuld the secndary (backup) circuit fail t engage within 1 clck hur, then additinal service unavailability penalties will apply in the fllwing way: Where ADSL backup is prvided, and bth the primary and the ADSL fail, then PMGC will pay service credits t the value f 1.25 times that which is stipulated within table 4.1. Exceptins are fr when the backup service fails due t reasns beynd PMGC s cntrl. Such reasns can be, but are nt limited t; third party activity, netwrk failure utside f PMGC and their supplier s netwrks, pwer cuts, atmspheric and weather induced prblems, natural disasters r terrrist incidents. Where a secnd leased line is installed in a failver r backup capacity, and bth circuits fail, PMGC will pay service credits as per table 4.1, but will apply t the rental values f bth circuits. Exceptins are fr when the backup service fails due t reasns beynd PMGC s cntrl. Such reasns can be, but are nt limited t; third party activity, netwrk failure utside f PMGC and their supplier s netwrks, pwer cuts, atmspheric and weather induced prblems, natural disasters r terrrist incidents. 4.7 Fr custmers taking back up services, shuld the primary circuit fail, and the backup service engage within the perid (as 4.6) then PMGC will nly be liable fr service credits n the primary line, as described in table 4.1 but, subject t pints PMGC will prvide this pr rata t the value f the rental f the primary circuit fr custmer s n fixed single payment cntracts. 4.8 Service credits: In the event f service unavailability, PMGC will credit the custmer in accrdance with table 4.1. Table 4.1 Ttal service unavailability per mnth Less than 1 clck hur Credit 0% f MRC 1-6 clck hurs 5% f MRC 7-24 clck hurs 10% f MRC 25 clck hurs and abve 15% f MRC 4.9 In n event will SLA credits in any calendar mnth exceed 100% f the ttal MRCs payable by custmer fr the service in that mnth As a cnditin f entitlement t SLA credits, the custmer shall cperate with PMGC in addressing any reprted service prblems SLA credits are applied nly upn custmer s written request, which must be submitted within 15 wrking days f a valid supprt call reprting the incident, and backed up by a reference number t supprt that claim. This can be submitted t the relevant PMGC staff by 1st class recrded mail, r by All apprved SLA credits claimed by a custmer fr a given mnth will be ttalled and applied t that custmer s next invice fr the Service, r as prmptly thereafter as is practical in the event f a dispute N SLAs apply t newly installed services r t service recnfiguratins requested by custmer, until five business days after: The service activatin date r Cmpletin f the Service recnfiguratin, as applicable Page 3 f 6

4 4.14. The SLAs abve apply nly in respect f service that is prvisined n PMGC s netwrk and, where applicable, t lcal access circuits prvided by PMGC (via third party prviders). Service credits will nt be apprved fr netwrk faults r fibre issues utside f ur cntrl. See sectin 4.16 fr further detail SLA credits prvided fr in these terms and cnditins are custmer s exclusive remedy with respect t items cvered in these terms and cnditins Exclusins: n SLA credit shall apply t the failure f the service t cmply with an SLA, r t any perid f service unavailability, caused, in whle r part, by any f the fllwing: A failure f custmer s wn premises equipment r equipment f a custmer s vendr A failure in lcal access facilities cnnecting the custmer t PMGC s netwrk which are nt prvided by PMGC Any act r missin f custmer r any third party (including but nt limited t, Custmer s agents, cntractrs r vendrs), including, but nt limited t: Failing t prvide PMGC adequate access t facilities fr testing Failing t prvide access t premises as reasnably required by PMGC (r its agents) t enable PMGC t cmply with its bligatins regarding the service Failing t take any remedial actin in relatin t a service as recmmended by PMGC, r therwise preventing PMGC frm ding s, r Any act r missin which causes PMGC t be unable t meet any f the SLAs Custmer s negligence r wilful miscnduct, which may include custmer s failure t fllw agreed upn prcedures Any scheduled maintenance perids when custmer has been infrmed f such maintenance, and emergency maintenance Discnnectin r suspensin f the service by PMGC pursuant t a right t d s under the general terms and cnditins r these terms and cnditins Outages attributable t ff-net circuits, that is: Lng haul dmestic lcal access circuits in the USA, between an PMGC PP and a custmer premises which is in a different lcal access transprt area (LATA) and/r Lng haul internatinal lcal access circuits prvided in cuntries in which PMGC des nt perate its wn netwrk and prvides the service using the services f third party prviders 5. Term f Service Cntract and Terminatin 5.1 The term f each service cntract shall start frm the date n which, either the individual circuit (fr single circuits and/r thse with ADSL back up), r the final circuit (fr a slutin with leased line r Ethernet backup) is installed and made available fr service (the activatin date). The cntract will then cntinue fr the term stipulated within the custmer rder frm. Fr the avidance f dubt, the minimum term f cntract fr leased line/ethernet services is 36 mnths. At the end f the term, the cntract will autmatically renew fr a further perid f six (6) mnths, n a rlling six (6) mnthly basis, unless PMGC receive prir ntice frm the custmer under the terminatin cnditins stated belw. 5.2 Either party may terminate such service cntract by giving ninety (90) days written ntice t the ther, such ntice t expire n earlier than the end f the initial term as stated n the custmer rder frm. In the case f terminatin by the custmer, any such written ntice shall nt be effective unless Given by 1st class recrded pst, r an t a relevant, named member f staff within PMGC, and by an authrised member f the custmer s staff. Such ntice must als utline full details f the service cntract including all circuit details and addresses t be terminated, and that; PMGC has cnfirmed receipt f such terminatin ntice by r letter within five wrking days f its receipt 5.3 In additin t PMGC s ther rights, PMGC may end any service cntract and/r suspend the prvisin f any service under a service cntract in the fllwing circumstances: Immediately fllwing the expiry f 5 wrking days written ntice frm PMGC t the custmer fr nn-payment f any charges and payment has nt been made fllwing such ntice; r Immediately in writing if the custmer materially breaches these terms Immediately if bankruptcy r inslvency prceedings are brught against the custmer (r its parent cmpany), a receiver r administratr is appinted ver any f the custmer's (r its parent cmpany s) assets r the custmer (r its parent cmpany) ges int liquidatin r enters int a vluntary arrangement with its creditrs ther than fr the purpses f rerganisatin (r any similar event in its cuntry f incrpratin takes place); r As sn as required if PMGC is bliged t, by a decisin r directin f any gvernmental bdy r regulatry authrity 5.4 Upn terminatin f a service cntract, all charges incurred by the custmer fr the use f the services up t the end f the initial term (tgether with a ntice perid f ninety (90) days) shall be due and payable in full and n demand and the custmer shall have n right t withhld, deduct r set ff any such amunts. 5.5 Upn terminatin f a service cntract fr whatever reasn the custmer shall immediately stp using the services prescribed in such service cntract and the custmer's right t use such services shall immediately terminate. 5.6 Where PMGC suspends service fr custmer breach and subsequently recnnects services, the custmer may be liable fr a reasnable recnnectin fee which shall be ntified t the custmer in advance. 5.7 If the custmer cancels an rder, r requests that an rder already placed is significantly mdified (e.g. changes in address; service type; pint f presence r presentatin), prir t the CDD, as defined in the relevant service cntract, then ntwithstanding PMGC s ther rights pursuant t the service cntract, the custmer shall pay all csts incurred by PMGC as a result f such cancellatin r mdificatin. Fr any ther cancellatin, the standard cancellatin fees (shwn in table 5.0) apply. Page 4 f 6

5 Table 5.0 Reasn fr cancellatin Custmer cancels fr any reasn befre TRFS is issued and rder accepted by tail prvider Custmer cancels fr any reasn pst TRFS issued and rder accepted and befre site survey carried ut Cancellatin charge payable by the custmer (Percentage (%) f installatin charge) Cancellatin charge payable by the custmer (Percentage (%) f rental charges fr the term f cntract) 0% 0% 25% 0% Custmer cancels fr any reasn pst site survey but befre a CDD is issued 50% 0% Custmer cancels fr any reasn pst issue f a CDD and within 15 wrking days f the actual CDD Custmer cancels fr any reasn pst issue f a CDD and within 5 wrking days f the CDD Custmer cancels fr any reasn pst CDD and delivery f service befre term f cntract expires 75% 0% 100% 10% 100% 100% *Exceptins: the nly exceptin is when PMGC r their third party decree that the installatin csts riginally quted (r which were included ver the term if these csts are amrtised) are nt enugh t cver the actual cst f the installatin wrks. Such csts are knwn as excess cnstructin fees, and these fees (where applicable) will be ntified t the custmer pst site survey. At this pint, the rder will be placed n autmatic hld until the custmer agrees (r nt) t pay the excess cnstructin fees. The custmer has 5 wrking days t decide, and t ntify PMGC in writing t the relevant member f staff f their decisin. If the custmer agrees t pay, the prvisining service will resume and a CDD issued in due curse. Shuld the custmer decline they have the right t cancel their rder with n further charges. Shuld the custmer fail t ntify PMGC f their decisin within 5 wrking days we may cnsider the rder cancelled and the standard cancellatin fees in the table abve will apply. 5.8 Fr the avidance f dubt, where installatin charges are nt payable because they are spread ver the term r are discunted fr a particular service cntract, PMGC will base cancellatin fees n the rental nly, and applying the same percentage fees as in table 5.0. Additinally, PMGC may charge the custmer fr all csts which it has incurred in relatin t prvisin f the services (e.g. csts assciated with netwrk r infrastructure builds r btaining way leaves, etc) up t and prir t the date upn which it receives the early cancellatin request frm the custmer. 5.9 If the custmer cancels a service withut cause after the CDD and prir t the end f the initial term, then all charges that wuld have been payable until the end f the initial term (tgether with the ntice perid f 90 days) shall immediately becme due and payable Fr custmers taking leased line backup r ADSL back up prducts, please nte sectin 3.14 with regard t service cntract start dates. 6. EFM 6.1 EFM is a term used t describe the cnnectin medium which uses cpper, t prvide a tail circuit int the custmer s premises back t the nearest pint f intercnnect with the base prvider s netwrk, which then subsequently integrates with PMGC netwrk. EFM is als knwn as Ethernet ver cpper. 6.2 EFM is delivered using twisted cpper pairs frm the BTW lcal access exchange, and can deliver speeds f 1Mb/s t 10Mb/s, r limited ability, r where prvisin f fibre services end t end wuld be cst prhibitive (e.g. in rural and semi-rural areas). 6.3 EFM services fr Ethernet circuits have the same SLA and terms as in sectins abve, with the exceptin that the service credits fr service unavailability will nly be cnsidered if the service is materially affected in the fllwing ways: Shuld a cpper pair fail, in this event the ther cpper pairs prviding the service will cntinue t deliver service. In this instance, shuld ne r mre cpper pair fail, leading t the availability f less than 50% f the advertised bandwidth rate, the custmer will be able t claim service credits in the usual way (sectin 4). In all instances surrunding cpper pair failure, the time t fix is 24 clck hurs frm time the fault is reprted and/r discvered In the event f a ttal lss f service due t the cpper access pairs, r any netwrk fault, as with all ther leased line prducts, then full service credits as described in sectin 4 are available and in accrdance with the terms f sectin 4 7. Wires Only Internet Access and Pint t Pint Circuits 7.1 Outline descriptins: a. Wires nly is a term used t identify services which are nt supplied by PMGC as Managed. Managed Services are thse where PMGC retains wnership, access t, and cntrl f the Custmer Premises Equipment (CPE) which enable PMGC t actively supprt the service supplied and mre imprtantly maintain the SLA. The type f wires nly services available are detailed belw in 7.1 c) and d). b. IMPORTANT: Where wires nly services are ffered, PMGC are nt respnsible fr the CPE chsen by the custmer, nr can we advise n whether the chsen (un-tested) CPE shuld wrk with ur services. PMGC have extensively tested the CPE fr all PMGC Managed Services, and whilst it is largely accepted that many third party supplied CPE shuld wrk, we cannt be respnsible fr instances where it des nt. The fllwing general criteria shuld be read and fully understd befre taking any wires nly service: i. It is ur recmmendatin that the custmer shuld have a gd technical understanding f IP Netwrks, and the ability t supprt the CPE they supply. ii. Fr Internet circuits, CPE supplied shuld be a Layer 3 device capable f supprting BGP (Brder Gateway Prtcl). Pint t pint circuits, are Layer 2, and BGP is nt required. iii. iv. Nte; many entry level enterprise class firewalls will nt supprt BGP. PMGC will prvide BGP cnfiguratin infrmatin and IP addressing v. BGP security passwrds are nt used by default. vi. vii. viii. ix. Private AS is supplied t the custmer as standard. PI and private addressing may be cnsidered as an alternative n a case by case basis (NSSP). PMGC can prvide technical assistance t custmers wanting a wires nly prduct e.g. with testing equipment, r researching whether we culd supprt certain CPE, which will be charged at 150 per hur (r 850 a day). Faults; where the custmer lgs a fault and PMGC are left liable fr charges incurred by false errrs, abrtive site visits, r site visits prving the circuit is nt at fault, then any resulting charges will be passed n t the custmer. Page 5 f 6

6 Types f Wires Only Services Available: c. Wires nly Internet circuits are thse where the circuit and netwrk infrastructure are prvided in the same way as a fully managed service, but PMGC are nt respnsible fr any terminatin CPE (i.e. Ruters r Firewalls). These devices are supplied and managed by the custmer r their end user. Due t the nature f these services, where PMGC is nt in cntrl f the CPE, then the SLA is reduced (see 7.2) belw that f ur Managed service. d. Pint t pint circuits are thse which are cmpletely ff-net frm the PMGC netwrk. Simply, in this instance, PMGC are reselling ur carrier partners lcal netwrk services t the custmer. As fr wires nly Internet circuits, because this circuit des nt tuch ur netwrk r mnitring equipment, we cannt prvide as a fully managed service, and the SLA is reduced (see 7.2). Any specific technical detail which a custmer may require t cnnect such circuits (end-t-end) will be prvided frm standard dcumentatin n a case by case basis by the ff-net prvider. 7.2 SLA amendments t thse in clause 4, specifically fr unmanaged circuits. Such circuits referred t generally, but nt exclusively, as wires nly services, wires nly internet access circuits, and pint t pint (r pint t multi pint) circuits: a. In the event f a fault, PMGC will ffer best effrts t the custmer t reslve the issue. In the event that a fault is lgged, the first checks made by PMGC will be internally and with the carrier prviding the tail circuit(s). If they are deemed t be wrking within nrmal parameters, then the custmer r the Partner managing the CPE device shuld be n site (r have remte access t) the CPE t manage queries between the device and the PMGC edge netwrk. In these instances it is the custmer s respnsibility t prvide PMGC supprt staff with crrect passwrds and administratr rights as required, t help trublesht the issue b. PMGC will use best effrts t maintain the SLA fr the lgical fix i.e. within 6 hurs f a fault being registered. Hwever, as we are whlly reliant n the custmer r their Partner supprt cmpany we cannt agree t be bund by these times, and in additin, n cmpensatin will be payable in the event that any published SLA timescales are missed. Similarly, we will endeavur t reslve all physical line faults within the usual hurs, but again there is n cmpensatin available shuld timescales slip n an unmanaged service c. The demarcatin pint fr PMGC s unmanaged wires nly services is the tail circuit carrier s NTE d. The custmer r Partner may be required t prvide detailed diagnstics frm the CPE 7.3 Wires nly Internet services are nly available fr single leased lines - n ADSL backup r leased line failver services are available as wires nly. 7.4 It is the respnsibility f the custmer t raise a ptential fault with the PMGC helpdesk, as wires nly services are nt mnitred practively by PMGC. Therefre, fr these services, sectin 4.2 f this dcument is vid fr wires nly services. Page 6 f 6