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1 This Service Schedule is supplemental to the Master Service Agreement Net-L1-3. CONTENTS Schedule 1 - DEFINITIONS... 1 Schedule 2 - MANAGED INTERNET ACCESS SERVICE PRODUCT INFORMATION MANAGED INTERNET ACCESS SERVICES SERVICE ORDER OVERVIEW CIRCUIT RELIABILITY AND INCIDENT RESOLUTION... 4 Schedule 3 - MANAGED INTERNET ACCESS SERVICE LEVEL AGREEMENT ANCAR B TECHNOLOGIES LIMITED SERVICE OPERATING HOURS NETWORK CHARACTERISTICS INCIDENT SEVERITY INCIDENT REPORTING TARGET RESTORATION TIMES OUTAGES AND MAINTENANCE EMERGENCY AND MAJOR INCIDENT ESCALATION SERVICE CREDITS... 9 Schedule 1 - DEFINITIONS Annual Recurring Charges Annualised Revenue Charges means the charges applied by Ancar B Technologies Limited which recur annually; means in respect of Managed Data Services the annualised Recurring Charges of the Customer in the month of the relevant Review Date (after the application of any Discount Level) together with any relevant Early Termination Charges; shall also include the Annual Recurring Charges and the One Off Charges; Clock Hours has the meaning given to it in Paragraph 5.3 of Schedule 3; Customer Requirement Form Early Termination Charges means the template technical data capture form supplied by Ancar B Technologies Limited; means the recurring Charges which would have been payable by the Customer for the terminated Managed Internet Access Service from 1 P a g e

2 the date of termination up to the expiry of the relevant Committed Period; Incident Ticket Initial Diagnosis Interface Managed Data Services Network Available One Off Charges Parked Time Customer Portal Pending Requestor Information Quarter Ready for Service Date Reconciliation Payment Resolved means the log opened and maintained notifying Ancar B Technologies Limited of an issue with a Managed Internet Access Service; is the preliminary diagnostics carried out by Ancar B Technologies Limited to establish an incident and assign relevant priority level as set out in Table 1 - Initial Diagnosis Timeframe; means any API, Customer Portal or any other mechanism specified by Ancar B Technologies Limited from time to time which is used to interface with Ancar B Technologies Limited systems; means: (a) each Managed MPLS Service; and (b) each Managed Internet Access Service; means the Network is able to receive and send data packages across the Network; means the charges applied by Ancar B Technologies Limited on a oneoff basis means any time to be disregarded from the calculations of Clock Hours, as more particularly detailed at Paragraph 5.4 of Schedule 3; means any web hosted portal made available to the Customer for the purposes of supporting or using any Service; means the status that an Incident Ticket is assigned when Ancar B Technologies Limited has requested information or an action from the Customer and is unable to progress the ticket without the requested information or action being completed. This status is considered Parked Time as per Paragraph 6.4 of Schedule 3; means a period of three consecutive calendar months and Quarterly will be construed accordingly; means the date each of the Managed Internet Access Services have completed tests to Ancar B Technologies Limiteds satisfaction; means a sum equal to the difference between: (i) the amount of the Charges which would have been levied during the applicable Review Period (having applied the Revised Discount Level); and (ii) the amount of the Charges invoiced during the Review Period based on the incorrect Discount Level; means the status that an Incident Ticket is changed to when: (i) Ancar B Technologies Limited believes the Incident is fixed; or (ii) when Ancar B Technologies Limited has not received an update from the 2 P a g e

3 Customer after the status has been Pending Requestor Information for three days; Revised Discount Level Service Level Agreement Ancar B Technologies Limited Equipment means Ancar B Technologies Limiteds prevailing discount level that Ancar B Technologies Limited shall be entitled to apply when calculating any Reconciliation Payment based on the particular Annualised Revenue achieved in the month of the applicable Review Date; means the performance standard set out in Schedule 3; and means equipment or hardware supplied by Ancar B Technologies Limited or its suppliers as part of the Managed Internet Access Services. Schedule 2 - MANAGED INTERNET ACCESS SERVICE PRODUCT INFORMATION 1 MANAGED INTERNET ACCESS SERVICES 1.1 The Managed Internet Access Services provide all or most of the physical and logical infrastructure to give the Customer the ability to transmit Internet Protocol (IP) traffic between a single UK Site and the global internet infrastructure and include all qualifying ADSL, SDSL, Leased Line, EFM and Ethernet Products. 1.2 One or two Managed Internet Access Services are usually provided from a Site to the Network 1.3 Equipment which can be used in conjunction with the Managed Internet Access Services, is at the discretion of Ancar B Technologies Limited 1.4 The lease of RIPE-allocated IP addresses associated with the connectivity system to enable internet access are included in the Managed Internet Access Service. The number of IP addresses and whether they are static or dynamic depends on the Managed Internet Access Service selected. 2 SERVICE ORDER OVERVIEW 2.1 Service Orders will be processed in the order that they are received by Ancar B Technologies Limited and we shall use reasonable endeavours to process a Service Order within one Business Day of receipt. 2.2 Service Orders may be rejected, if deemed by Ancar B Technologies Limited to be illegible, inaccurate or incomplete or not placed via an approved manner. Minor or typographical errors shall not be grounds to reject a Service Order 2.3 If any Excess Construction Charges are identified such Charges must be accepted by the Customer before work on the Service Order can continue. Where such Excess Construction Charges are identified, if no acceptance of such Excess Construction Charges is provided by the Customer within 14 Business Days of notification by Ancar B Technologies Limited of such Excess Construction Charges (or such longer period as the Parties may expressly agree), the Charges will be considered rejected and the Service Order deemed cancelled 3 P a g e

4 2.4 Provision of Managed Internet Access Service Orders shall be subject to the completion of a satisfactory Site survey. In a limited number of cases, Ancar B Technologies Limited shall require access to the Site to complete the Site survey. 2.5 Upon completion of the Site survey, Ancar B Technologies Limited shall notify the Customer of the estimated connection date for the Managed Internet Access Service Order. 2.6 Ancar B Technologies Limited shall inform the Customer by when the Managed Internet Access Service has successfully been installed. 3 CIRCUIT RELIABILITY AND INCIDENT RESOLUTION 3.1 It is technically impossible to provide an Incident free service and Ancar B Technologies Limited does not undertake to do so. 3.2 Ancar B Technologies Limited will provide facilities to the Customer to perform the following functions: (a) receiving, logging and dealing with enquiries relating to Incidents; (b) investigation, diagnosis and repair of Incidents; and (c) co-ordination of Incident repair. 3.3 Ancar B Technologies Limited will only accept Incidents from the Customer. All service Incidents must be logged with Ancar B Technologies Limited and not its agents. 3.4 As part of the Incident diagnosis process a Site visit may be required. Schedule 3 - MANAGED INTERNET ACCESS SERVICE LEVEL AGREEMENT 1 ANCAR B TECHNOLOGIES LIMITED SERVICE OPERATING HOURS 1.1 Ancar B Technologies Limited shall make the Helpdesk Facility available to the Customer for reporting incidents with the Managed Internet Access Services and for making changes to existing accounts, billing queries and general enquiries. 1.2 For: (a) the Standard service level for Managed Internet Access Services operates during Office Hours; and (b) Premium, Express or Enhanced Managed Internet Access Services, Ancar B Technologies Limited shall allow the reporting, and management of a. Priority 1 incidents and Priority 2 incidents 24 hours a day, seven days a week, 365 days a year. b. Priority 3 and Priority 4 incidents are covered during Office Hours. 2 NETWORK CHARACTERISTICS 2.1 Network metrics do not include the Managed Internet Access Service provided by any Third Party Operator 4 P a g e

5 Managed Internet Access Platform Metric Target Network availability 99.99% Network roundtrip latency 30 ms Network packet loss < 0.1% 2.2 Network availability is measured annually using the following formula: A = number of minutes where Network could be Network Available. B = actual downtime excluding any downtime attributable to any of the causes set out in 2.3 Network packet loss is measured annually using the following formula: C = number of lost packets over Network D = number of packets received successfully by the Network 2.4 Managed Internet Access Platform metrics shall not include any failure attributable to any: (a) scheduled network maintenance; and (b) Force Majeure Events. 2.5 Service Credits are only applicable to Incidents as further described below and accordingly, the above metrics are for network planning and account review purposes only. 3 INCIDENT SEVERITY 3.1 Incident severity is classified as follows: Priority Class Description 1 Total Outage Total loss of service (e.g. total circuit or equipment failure) 2 Severe Intermittence Significant degradation or intermittent service (e.g. significant packet loss, significant degradation in throughput or loss of a particular component service) 5 P a g e

6 3 Degradation Minor degradation of service (e.g. small or intermittent packet loss, minor reduction in throughput) 4 Query Non urgent change request (e.g. modification to configurations of equipment) 3.2 Ancar B Technologies Limited shall initially determine the Incident severity and log an Incident Ticket. Ancar B Technologies Limited may change the priority level during repairs. For example, if a priority 1 Incident is temporarily repaired, then the Incident may be reduced to priority level 2. The new classification shall determine the course of actions thereafter. 3.3 Once Ancar B Technologies Limited believes that the Incident is fixed, or if Ancar B Technologies Limited has requested vital information from the Customer and the Customer has not responded within three days the Incident Ticket status will be changed to Resolved. 4 INCIDENT REPORTING 4.1 The Customer shall provide a complete description of the Incident and any reasonable information requested by Ancar B Technologies Limited. In the event that requested information is not provided by the Customer, Ancar B Technologies Limited 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. 4.2 The primary method of reporting Priority level 1 Incidents and Priority level 2 Incidents to Ancar B Technologies Limited should be by telephone. Any Incidents reported by or via any web portal may not be allocated to a support engineer in an appropriate timescale to provide the desired level of response. Table 1 - Initial Diagnosis Timeframe for Incidents reported by: Priority Telephone or Portal 1 1 hour Inappropriate (4 hours) 2 2 hours Inappropriate (4 hours) 3 4 hours 4 hours 4 Next Business Day Next Business Day 4.3 Priority 3 and 4 Incidents may be reported by phone or via or appropriate Interface. 4.4 In accordance with Paragraph 1, above, should a relevant Incident be raised outside of Office Hours, the measurement of the response time shall not start until Office Hours recommence. 6 P a g e

7 5 TARGET RESTORATION TIMES 5.1 Target restoration times depend on the Managed Internet Access Service employed at each Site. Details as to which Managed Internet Access Service is subject to which standard (Premium, Express, Enhanced or Standard) is available by contacting your Ancar B Technologies Account Manager. Table 2 Service Restoration (Clock Hours) Priority Premium Express Enhanced Standard 1 4 hours 7 hours Next day 3 Business Days 2 8 hours Next Day Three days 5 Business Days 3 Next Day Three Days No Guarantee Next Day 4 No guarantee No guarantee No guarantee No guarantee 5.2 Service Restoration (Clock Hours) (a) The service restoration clock starts when the Customer contacts Ancar B Technologies Limited by telephone or when the /portal notification has been received and read by Ancar B Technologies Limited. An Incident Ticket will be allocated, the Customer contacted after the Initial Diagnosis and a severity level will be assigned. (b) Following service restoration, tickets may be left open for monitoring purposes. Thus the clock stops when the Incident Ticket is resolved. 5.3 Clock Hours shall be defined as the difference in hours between the Start Time and Stop Time excluding Parked Time: (a) Start Time is the initiation (timestamp) of an Incident on the Ancar B Technologies Limited Helpdesk Facility (b) Stop Time is when the status of the Incident becomes Resolved. 5.4 Parked Time is where the progression of the resolution of an Incident is outside the control of Ancar B Technologies Limited or its sub-contractors including where: (a) the Incident Ticket is marked Pending Requestor Information or Ancar B Technologies Limited has requested system in accordance with Paragraph 4.1 above; and information missing from the Incident Ticket submission without which the relevant Managed Internet Access Service cannot be repaired; (b) Ancar B Technologies Limited is awaiting power down or up of the End User s equipment or results of other (c) Ancar B Technologies Limited is awaiting the Customer to provide availability for a visit (d) the Customer is unavailable to respond to Ancar B Technologies Limited; 7 P a g e

8 (e) a visit appointment is confirmed outside of the resolution window at the request of the Customer Parked Time commences when visit appointment is agreed with the Customer until the visit appointment commences; (f) Ancar B Technologies Limited or its agent is unable to access a Site at an agreed time for a visit appointment Parked Time commences when Ancar B Technologies Limited attends the Site until a rescheduled visit appointment commences and the Incident report will move to a Pending Requestor Information status; (g) Ancar B Technologies Limited (including if appropriate a relevant Ancar B Technologies Limited subcontractor) has cleared the Incident and has notified the Customer and the status of the Incident is Resolved ; or (h) where the Site does not have 24x7 access and the Customer requests an engineer to attend Site when the Customer is available for a visit. Parked Time commences when a visit appointment is agreed with the Customer and ends when the visit appointment commences. 5.5 Unless the target restoration time on the applicable Access Technology precludes this, engineer repair visits to a Site are conducted 24 hours a day seven days a week. 5.6 The Customer is responsible for ensuring that each Incident report sets out whether: (a) the Site is manned 24x7x365 to allow access to Ancar B Technologies Limited or its representative; or (b) the normal business hours for the Site as to when the Customer s representative will be present onsite to provide access to Ancar B Technologies Limited or its representative, and the Incident report clock will move into Parked Time status until the time the Customer states Site access is available or selects a specific appointment time. 5.7 Multiple Short Service Failures in one month (a) If the same Managed Internet Access Service experiences multiple failures within the same month, Ancar B Technologies Limited shall consider this a single outage event for the purposes of service restoration and Service Credits. The service restoration clock shall be restarted from the point the subsequent failure has been diagnosed. 5.8 Managed Internet Access Equipment (a) Following Initial Diagnosis, once an Incident has identified any total failure of any Ancar B Technologies Limited Equipment supplied pursuant to clause 7.1, Ancar B Technologies Limited shall provide an engineer to Site to install a replacement unit within four hours (measured in accordance with the principles set out in Paragraph 1.2). Any failed Ancar B Technologies Limited Equipment shall be replaced and hardware services operating normally within one hour of an engineer gaining access to the failed Ancar B Technologies Limited Equipment. 6 OUTAGES AND MAINTENANCE 6.1 Where planned maintenance will result in degradation or interruption of a Managed Internet Access Service the maintenance will be conducted between 00:00 and 06:00. 8 P a g e

9 6.2 Should maintenance be service affecting, the affected Customer shall be notified with three Business Days notice via the nominated contact detailing the work to be carried out and any effect on the Managed Internet Access Service. 6.3 Under exceptional circumstances it may be necessary to perform emergency engineering work without prior notice. In that event, Ancar B Technologies Limited shall seek to limit any resultant adverse effects on the Customer s service. 7 EMERGENCY AND MAJOR INCIDENT ESCALATION 7.1 General (a) Escalation means that more senior support staff shall be made aware of the Customer s Incident and provide additional assurance to the Customer. (b) For continuity, the Customer s point of contact with the Ancar B Technologies Limited Technical Support Centre remains the same throughout the repair. (c) Ancar B Technologies Limited shall automatically escalate Priority 1 and 2 Incidents using the procedure outlined in Paragraphs 7.2 and 7.3 below. Escalation automatically starts once 75% of the service restoration target time has passed. 7.2 Time Before Escalation Starts Priority Premium Express Enhanced Standard 1 3 hours 5 hours 18 hours 2 Business Days 2 6 hours 18 hours Two days 3 Business Days (a) Incidents are further escalated, one tier at a time, after a certain number of elapsed Office Hours with no resolution. The interval between each escalation event depends on the severity of the Incident and the Managed Internet Access Service employed at the Site according to the following table. 7.3 Interval Between Further Escalation Events Priority Premium Express Enhanced Standard 1 1 hour 1 hour 2 hours 4 hours 2 2 hours 2 hours 4 hours 5 hours 3 N/A N/A N/A N/A 4 N/A N/A N/A N/A 8 SERVICE CREDITS Where Ancar B Technologies Limited fail to achieve the target time for service restoration for an Incident is exceeded the time set out in Table 2 9 P a g e

10 Priority Premium Express Enhanced Standard 1 4 hours 7 hours Next day 3 Business Days 2 8 hours Next Day Three days 5 Business Days 3 Next Day Three Days No Guarantee Next Day 4 No guarantee No guarantee No guarantee No guarantee 8.1, the Customer shall be entitled to a Service Credit for the failure according to the following schedule: Service Restored Within one Business Day of the service restoration target. Service Credit of the total monthly Recurring Charges due for the relevant Managed Internet Access Service 50 % More than one Business Day beyond the service restoration target. 100 % No Service Credits apply where the Target Service Restoration set out in Table 2 Priority Premium Express Enhanced Standard 1 4 hours 7 hours Next day 3 Business Days 2 8 hours Next Day Three days 5 Business Days 3 Next Day Three Days No Guarantee Next Day 4 No guarantee No guarantee No guarantee No guarantee 8.2 is listed as No Guarantee 8.3 Total Service Credits per month are limited to 100% of the total monthly Recurring Charges due for the relevant Managed Internet Access Service and dependant CPE (if applicable). 10 P a g e

11 8.4 The service level set out in Table 2 shall not apply in the following situations and no Service Credits will be due where: (a) the Customer requests Ancar B Technologies Limited to test the Managed Internet Access Services and no failure in the Managed Internet Access Service is detected or reported; (b) the Managed Internet Access Service is modified or altered in any way at the Customer s request not in accordance with the terms of this Service Schedule; (c) any suspension of the Managed Internet Access Services has taken place in accordance with the terms of the Master Services Agreement; (d) failure of the Customer to operate the relevant Managed Internet Access Service in accordance with the terms of the Master Services Agreement and this Service Schedule; (e) for any planned maintenance or emergency maintenance; (f) a Force Majeure Event is affecting the relevant Managed Internet Access Service; (g) the Customer fails to respond to a reasonable query raised by Ancar B Technologies Limited in relation to the Managed Internet Access Service which prohibits the Incident from being corrected; (h) the Customer has failed to implement any reasonable instructions issued by Ancar B Technologies Limited in relation to the Managed Internet Access Services which causes an outage or prolongs an outage and extends the Ancar B Technologies Limited time to fix beyond the resolution times set out in Table 2 Priority Premium Express Enhanced Standard 1 4 hours 7 hours Next day 3 Business Days 2 8 hours Next Day Three days 5 Business Days 3 Next Day Three Days No Guarantee Next Day 4 No guarantee No guarantee No guarantee No guarantee ; or (i) the Customer provides inaccurate details within the Incident request which prohibits an outage from being corrected. 8.5 Service Credit Process (a) All claims for Service Credits must be initiated by the Customer to the Ancar B Technologies Limited Account Manager in writing. (b) All claims for Service Credits must be supported by the appropriate Incident Ticket references. (c) The Incident Ticket references must fully substantiate the type of Incident and the period of outage claimed as failed service caused by Ancar B Technologies Limited. In the event of any discrepancy, the Parties shall work together to reach agreement. (d) Where Service Credit claims are not made within the relevant period (as set out in the Master Services Agreement) or where claims are not substantiated with valid Incident Tickets, no Service Credits will apply. (e) Applicable Service Credits will be paid one month in arrears in the form of a credit note which can only be applied against the future billing of Managed Internet Access Services. 11 P a g e

12 (f) The Customer will have 30 days to query any Service Credits issued, and where supplementary Service Credits are due, these will appear on the following monthly invoice. (g) Where Ancar B Technologies Limited inadvertently issues an overpayment of Service Credits, Ancar B Technologies Limited reserves the right to have these refunded. This will take place on the following monthly invoice after notification to the Customer. 12 P a g e

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