Spitfire Service Level Agreement (SLA)

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1 Spitfire Service Level Agreement (SLA) Version Spitfire Network Services Limited SLA Page 1 of 13 v BTH

2 Table of Contents 1. Overview Spitfire Telephone Line Rental (WLR) and Calls - SLA Analogue Basic Line ISDN30e/ISDN2e/Analogue Premium Lines Spitfire Internet Service Provision - SLA Ethernet Service Level Agreement (including Private Circuits and Leased Lines) Ethernet Product Description & Performance SLA Ethernet Fault Repair SLA Spitfire DSL Internet Services SLA Notes to DSL Service Level Agreement Backup Circuits including PureStream, DualStream, DualStreamM, ADSLStream DSL Standard Care, Total Care and Enhanced Care TalkTalk Business Throughput Guarantee Spitfire Service Credits General Information Regarding Service Credits DSL, Annex M and SDSL Service Credits Ethernet Service Credits WLR (ISDN30e/2e/Analogue lines) Service Credits Exclusions Spitfire Network Services Limited SLA Page 2 of 13 v BTH

3 1. Overview Introduction Spitfire is a Telecommunications and Internet Solutions Provider that provides a business class service to our customers. This Service Level Agreement sets out the contractual service of the various products that we supply, covering fault repair times, performance of circuits and Service Credits. It is important that you have the correct circuit for your business requirements and this SLA should help you to decide the most appropriate products for your individual needs. What Products are Covered by the SLA? The Service Level Agreement covers all our services from robust and reliable connections such as Ethernet and ISDN30e through to services such as standard ADSL/Broadband which are low cost circuits that can and do fail occasionally. We would suggest that where the Internet connection and is crucial to your business you upgrade your service to the most reliable connection that you can afford. Please note that some services rely on one or more products to deliver the customer end service, i.e. an ADSL circuit relies on an analogue line, so we recommend looking at the SLA of all components of your service. Spitfire Service Credits As far as we are aware, Spitfire is one of the only Business Communications Providers to offer a full Service Level Agreement, backed up by Service Credits on every circuit. Please note that the value of all Service Credits is based on a refund of the rental charge for the period a service is not working. We would ask all our customers to consider the impact of being without internet access/ or phone lines for a week or more and to install one of our backup circuits. Service Credits are designed to provide a commercial incentive and penalty for Spitfire to deliver a reliable service, rectify faults promptly and efficiently, and also to provide recompense to a client for when a service they are renting is not available. Service Credits are not designed to provide any form of consequential loss whether direct or indirect. Please note that Service Credits are payable against single faults, suffering from continuous downtime. Cumulative downtime over a number of incidents will not be aggregated into any calculations. Backup Circuits Being without internet dependant services such as can be critical for a client s business a time related Service Credit of for a one week failure will not compensate your business against this failure, hence the importance of a backup circuit and a clear understanding of how to implement this. In order to help you protect your business Spitfire offer a full range of heavily discounted backup circuits often on a differing core network. These are available from 6.00 per month for a Standard ADSL circuit and 9.00 per month for a Business ADSL circuit. A Spitfire backup circuit provides an extremely robust and affordable backup solution and we strongly recommend you have a working backup in place. We also recommend your backup solution is tested on a monthly basis by whoever has responsibility for your IT. Customer Contact and Updates Keep the Customer Informed (KCI) We understand that one of the most frustrating issues when you have a fault is when you are not kept up to date with progress. Spitfire has a policy of Keep the Customer Informed (KCI) which details how often we will contact you during the life of a fault. As many faults are passed up to the supplier of the actual product and their SLAs are tied into ours, there is no point in us calling you every half hour when Spitfire will not be informed of the fault progress for maybe 24 hours. However we understand the frustration this can cause and have put together a KCI contact schedules for each product. Spitfire will normally contact you as soon as we have any information and at a minimum within the KCI Update time specified for each product. Customers are able to opt out of the standard KCI ratios provided for each product if preferred. Spitfire also provides web based access to our Fault Ticketing system which allows you to review the status of your job at any time. Please be assured that we will be doing all we can to rectify the fault within the timescales detailed within the Service wrap you have purchased. Spitfire Network Services Limited SLA Page 3 of 13 v BTH

4 Spitfire Service Offerings The Service wrap of your telephone lines or Internet circuit is an integral part of the product that you are buying. Please take the time to read the fault handling process and expected repair times that apply to your product. If you feel that these are not suitable you should consider upgrading your Service Level or installing a backup circuit that fully meets your needs. The Service wrap covers the following points. Target Response Times. SLA Clearance Times. This SLA is divided into several sections. Wholesale Line Rental (WLR) which covers the provision of all telephone lines, Analogue and ISDN. Internet Service Provision covering all ISP products including ADSL, Annex M, SDSL M, SDSL, Copper Ethernet and Fibre Ethernet. Each section provides separate response times for four different categories of faults. a fault where there is no service. a fault that has a significant impact on the service you are receiving. a non-critical fault that does not significantly impact your ability to do business. covering items such as the provision of additional services, changes to a service etc. Please note only faults classed as s that breach the product SLA qualify for Service Credits. Spitfire have included response times and some target clearance times for, & requests for the sake of completeness but no credits will be paid in relation to these issues. Explanation of Terms Used in this Document Support Desk Opening Hours refers to the Spitfire office hours of hrs Monday Friday (excluding public holidays). Clock Hours refers to calendar hours where the fault is being worked on by Spitfire or their suppliers. This has been abbreviated to clk hrs in some SLA tables. Work Hours refers to the hours where the fault is being worked on by Spitfire or their suppliers during the Spitfire Support Desk Opening Hours. This has been abbreviated to wk hrs in some SLA tables. AM appointment is from to hrs PM appointment is from hrs. Response refers to the first action taken by Spitfire to resolve an issue. Clearance refers to the actual resolution of an issue. Parked Time refers to the time that the clock is stopped. Should Spitfire ask you to test something, the clock stops until you respond that the requested action has been completed i.e. if we ask you to re-boot your router at hrs and you don t tell us this is completed until hrs the following day, the clock will have stopped for 18 hours, which will be added to the SLA. This also includes (but is not limited to) the following scenarios: the time between the earliest supplier offered engineering appointment and the appointment accepted by the customer, the time between Spitfire dispatching a replacement router and the router being confirmed connected to the customer circuit, and any timeframe that site access is denied for an engineer until the engineer is subsequently able to attend site (i.e. not allowing 24 x 7 access). Total and Enhanced Care faults may be reported 24 x 7 hours and will be initially remotely investigated both inside and outside of Support Desk Opening Hours. If an engineering site visit is required, there are two main appointment slots dictated by suppliers; AM and PM. Standard Care faults may only be reported during Spitfire Support Desk Opening Hours and will be investigated during this time. Engineering visit timings for Standard Care are also the same AM and PM appointment slots. Please note that if BT Group/OFCOM declare a MBORC (Matters Beyond our Reasonable Control) these SLAs will not be applied. Spitfire Network Services Limited SLA Page 4 of 13 v BTH

5 2. Spitfire Telephone Line Rental (WLR) and Calls - SLA Detailed below are the SLAs for our range of telephone line services. This covers Analogue lines, ISDN2e circuits and ISDN30e circuits. There is also some detail about our Carrier Pre-Selection (CPS) / Least Cost Routing (LCR) discounted calls service, although please note that there are no Service Credits on this service. Please note that while a single Analogue line may not be vital to your business in itself, it may support an essential service such as ADSL, SDSL M or RedCare alarm monitoring. Please bear in mind the effect on your business should these services fail. Consequently you should ensure the SLA on your analogue line is at least as good as the SLA of the service it supports. The key differences in support depend on the Openreach Service Level taken out on a circuit. The clear times for the different Service Levels are detailed below: Service Level 1 (Basic Lines Only) Service Level 2 Service Level 3 Service Level 4 EONWD+1: End of Next Working Day plus an additional Working Day, Monday to Friday excluding Public and Bank Holidays. For example, report Tuesday, clear Thursday EONWD: End of Next Working Day, Monday to Saturday excluding Public and Bank Holidays. For example, report Tuesday, clear Wednesday. EONHWD: End of Next Half Working, Monday to Sunday including Public Holidays. For example, report 13.00, clear by the same day. Report after clear by the next day. Please note engineers only work 0700 hrs to 2100 hrs. Clear within 6 hours, any time of day, any day of the year. Spitfire Telephone Line Rental (WLR) Fault Repair SLA Target Response Times SLA Clearance Times Lvl 1 Lvl 2 Lvl 3 Lvl 4 Analogue Basic Line 30 mins 2 wk hrs 4 wk hrs 1 wk hr EONWD+1 EONWD EONHWD 6 clock hrs Analogue Premium Line 30 mins 2 wk hrs 4 wk hrs 1 wk hr n/a EONWD EONHWD 6 clock hrs ISDN2e 30 mins 2 wk hrs 4 wk hrs 1 wk hr n/a EONWD EONHWD 6 clock hrs ISDN30e / DASS2 30 mins 2 wk hrs 4 wk hrs 1 wk hr n/a EONWD EONHWD 6 clock hrs There are two service types for single Analogue lines; Basic & Premium. Basic is a low cost variant that includes Service Level 1. The Service Level can be increased but this brings the line rental to the same as a Premium Line. Therefore if you require anything more than Service Level 1 we recommend a Premium Line, which comes with Service Level 2 as standard, you can then increase this to Level 3 or 4 if required. All Multi-line Analogue, ISDN2e and ISDN30e services are only available with Service Level 2 as a minimum. Please note that if Openreach need to attend site you will need to provide access at your own cost. Should Openreach not be able to contact you or gain access to the site the Service Level will default to the lowest level on your line type i.e. Service Level 1 on a Basic Line and Service Level 2 on a Premium Line which will delay the resolution of the fault. There will also be a Missed Appointment Fee of It should be specifically noted that if Service Level 4 has been purchased for a product but 24 x 7 site access is unavailable at the point of logging the job with Spitfire, the Service Level will default to the lowest level on your product type. We strongly recommend a Disaster Recovery (DR) Plan is in place for critical lines - please note that while most faults will be cleared within the target clear time, our experience is that a minority of faults take a week or more to rectify. This might include the use of alternate sites to receive telephone calls, or alternative lines on your main site. Areas to consider are what will happen if your main site in unusable, you have a power failure, your telephone system fails, or simply that the telephone lines are down. All of these scenarios require a slightly different response in order to keep your business up and running. Please contact us for assistance with an appropriate DR Plan. Spitfire Network Services Limited SLA Page 5 of 13 v BTH

6 Spitfire Telephone Line Rental (WLR) KCIs Spitfire Telephone Line Rental (WLR) KCI Update Targets KCI - Customer Update Frequency KCI - Contact Ratio (call/electronic) Analogue Basic Line 4 wk hrs 4 wk hrs 4 wk hrs n/a 1:1 1:2 1:3 n/a Analogue Premium Line 4 wk hrs 4 wk hrs 4 wk hrs n/a 1:1 1:2 1:3 n/a ISDN2e 3 wk hr 3 wk hr 4 wk hrs n/a 1:1 1:2 1:3 n/a ISDN30e / DASS2 2 wk hr 2 wk hr 4 wk hrs n/a 1:1 1:2 1:3 n/a Telephone Fraud There are currently significant levels of telephone fraud occurring and the frequency and value is increasing. It is your responsibility to ensure that your telephone system is secure against being hacked by fraudsters. Call Fraud can escalate at an extremely high speed and you will be liable for all these calls. Spitfire has various fraud detection procedures in place and we will endeavour to contact you as soon as we become aware that a fraud may be in progress. Please note that Spitfire Fraud Detection is of a high standard but is provided on a non-contractual, reasonable efforts basis and you will remain liable for all calls made on your lines. We may contact you to discuss an unusually high volume of calls on your lines and may also attempt to block further calls on your lines in these circumstances, regardless as to whether we have been able to make contact with you. Please note that depending on the circumstances we may or may not be able to block calls from being made and you will need to physically disconnect your telephone system from the Public Telephone Network or Internet to be totally sure no more calls are being made. You should contact your telephone system maintainer who may be able to block calls. Spitfire CPS/LCR Spitfire s Carrier Pre-Selection (CPS) or Least Cost Routing (LCR) discounted call service uses a combination of calls routing via our own network, and calls routed over the BT Wholesale network. The ability to make calls is subject to the line being live and dial tone being available. On our core network we aim for the service to be available 99.99% of the time. If there is an issue on our own network there is also an override code 1280 which will force a specific call onto the BT Wholesale network. This may be charged at a higher rate so this is for emergency use in the unlikely event the Spitfire network is not available. 2.1 Analogue Basic Line Service Level 1 is the lowest support level provided by Spitfire and is only available on a Basic Analogue line. Clear by day after next, Monday to Friday, excluding Public and Bank Holidays. For example, report Tuesday, clear Thursday. For improved Service Levels, please see below under Premium Lines. 2.2 ISDN30e/ISDN2e/Analogue Premium Lines Premium Lines come with Service Level 2 as standard. This is the service we recommend as a non-critical normal business line. There is a significantly improved fault clear time, which is by end of next working day, based on Monday to Saturday. Clear by next day, Monday to Saturday, excluding Public and Bank Holidays. For example, report Tuesday, clear Wednesday. Lines can be upgraded to Service Level 3 or 4 and we would recommend these options for lines that are mission critical. Spitfire Network Services Limited SLA Page 6 of 13 v BTH

7 3. Spitfire Internet Service Provision - SLA Detailed below are the SLAs for our range of Internet Circuits. The first section relates to Ethernet services which are becoming the UK s standard for business Internet connectivity these services have some of the best SLAs in the market. We recommend that clients who rely on the Internet use an Ethernet circuit due to the better reliability, throughput and quality of these circuits which offer dedicated guaranteed bandwidth for each customer. The second section covers our DSL Based Internet Services and includes all varieties of ADSL (, Standard, 2+ and VDSL or Fibre Broadband) and Annex M products, as well as SDSL and SDSL M services. Spitfire runs a business only ADSL & SDSL network; however it should be noted that DSL is a shared service designed to provide low cost Internet access. Advanced Hardware Replacement SLA We recommend that all customers sign up to Spitfire s Advance Hardware Replacement service, which offers excellent value hardware maintenance. A summary of the standard warranty is below. 1 st Year Free of Charge Warranty Should equipment need to be replaced within the first 12 months the following procedure will apply. Spitfire & customer identify faulty equipment (at customers cost). Customer returns faulty equipment to Spitfire. Spitfire returns the equipment to manufacturer. Once repaired Spitfire courier equipment to customer. Please note this may mean you are without the equipment for up to 4 weeks. Spitfire supplied routers are covered by a standard 12 month warranty, detailed above. Upon expiry of the warranty, should hardware develop a fault this will be a chargeable item; either a chargeable repair or you will need to purchase new equipment. Advanced Support By upgrading to Advanced Support customers will receive a replacement router by hrs the following working day, free of charge for faults where Spitfire has agreed that replacement is required prior to 1530 hrs the previous day. All faulty equipment must be returned to Spitfire within 14 days of receiving a replacement or you will be invoiced for the replacement equipment. Spitfire Network Services Limited SLA Page 7 of 13 v BTH

8 3.1 Ethernet Service Level Agreement (including Private Circuits and Leased Lines) Ethernet Product Description & Performance SLA Ethernet Services Ethernet circuits are the standard solution for clients requiring the highest levels of reliability, speed and quality bandwidth. Ethernet circuits provide a dedicated high speed, uncontended, full duplex symmetrical bandwidth solution that has lower overhead and higher reliability than all Broadband (ADSL/SDSL) services. Using either fibre or copper access technology, Ethernet provides flexible bandwidth options from 2Mb right up to 1Gb. As Ethernet has lower overheads than DSL services the circuits support a significantly greater throughput of data. Ethernet provides guaranteed throughput on the entire bandwidth, meaning the headline speed quoted is what you will actually receive. Ethernet is ideal for mission critical bandwidth such as Voice or Video, and can be used for both Voice and Data using Quality of Service (QoS). A single Ethernet circuit is normally less expensive than a combination of ISDN30e and SDSL or a Leased Line. Ethernet is available over both copper (EFM Copper Ethernet) and Fibre (Fibre Ethernet). The Performance SLAs are the same for both services and are a significant improvement on even the best SDSL services. Circuit Type Download / Upload Speeds Guaranteed Throughput Guaranteed Uptime Packet Loss SLA Latency SLA Jitter SLA EFM Copper Ethernet As quoted speed 100% 99.93% 0.01% <10ms <3ms Fibre Ethernet As quoted speed 100% 99.93% 0.01% <10ms <3ms Please note that the Guaranteed Uptime is an average figure Ethernet Fault Repair SLA Spitfire Ethernet SLA Spitfire Ethernet Fault Repair SLA Target Response Times EFM Copper Ethernet 30 mins 2 wk hrs 4 wk hrs 1 wk hr Fibre Ethernet 30 mins 2 wk hrs 4 wk hrs 1 wk hr Spitfire Ethernet KCIs 8 clock hrs 8 clock hrs SLA Clearance Times n/a n/a n/a n/a n/a n/a Spitfire Ethernet KCI Update Targets KCI - Customer Update Frequency KCI - Contact Ratio (call/electronic) EFM Copper Ethernet 2 wk hrs 2 wk hrs 4 wk hrs n/a 1:1 1:2 1:3 n/a Fibre Ethernet 2 wk hrs 2 wk hrs 4 wk hrs n/a 1:1 1:2 1:3 n/a Spitfire Network Services Limited SLA Page 8 of 13 v BTH

9 3.2 Spitfire DSL Internet Services SLA In order to allow you to compare the different SLAs for the range of products the services are laid out in table format allowing easy comparison between products as well as identifying the characteristics of the circuit you have bought. Each product appears in three tables. The first table covers circuit performance, speed, guaranteed throughput and target/guaranteed packet loss, jitter and latency. The second and third tables cover fault response and repair times based on Standard Care, Total and Enhanced Care levels respectively; these tables also cover the frequency and type of updates you will receive during the life of a fault. Again, being in table format allows for easy comparison between services. Having Total or Enhanced Care on a circuit gives a significantly faster response time from our suppliers, including BT Wholesale, and is strongly recommended. We also recommend a backup circuit for all locations where a failure of several days will impact severely on your business. Please note that while most faults will be cleared within the target clear time, our experience is that a minority of faults take a week or more to rectify. When a backup ADSL circuit is available from 9.00 per month, or per year, this puts any potential business loss into perspective. Performance Guarantees With regard to Performance SLAs these cover line speed which specifies MAXIMUM rather than guaranteed speed, together with quality guarantees covering Packet Loss, Jitter and Latency. Some circuits have a Guaranteed or Prioritised Throughput which may be the same as the Line, or maximum, speed as in the case of Ethernet circuits where a 10Mb circuit guarantees 10Mb of bandwidth. In other cases such as Voice Approved ADSL, the Prioritised Throughput covers a fixed amount of bandwidth. In these cases the Quality Guarantees only apply to the Guaranteed Throughput proportion of the circuit. Spitfire ADSL Circuit Speed, Performance & Quality SLA Speed & Throughput Quality Criteria Download Speed (Mb) upload Speed (Mb) Priority at busy times Min Guaranteed throughput Target or Guarantee Packet Loss Latency Jitter Spitfire BT Wholesale Products ADSL Standard No None Target None None None ADSL Premium Yes None Target None None None ADSL2+ Standard No None Target None None None ADSL2+ Premium 24 1 Yes None Target None None None VDSL2 Standard 40 2 No VDSL2 Premium Yes Annex M 16 2 Yes Spitfire TalkTalk Business Wholesale Products If sync above 16Mb, 12 Mb down for 90% of the busy 3 hour period If sync above 16Mb, 16 Mb down for 90% of the busy 3 hour period 85% up from 0800 to 1700 hrs Monday to Friday Target None None None Target None None None Target None None None ADSL2+ Standard 16 1 Medium None None None None None ADSL2+ Premium 16 1 High 0.5Mb up Guarantee 1% 80ms <45ms ADSL2+ Voice Approved LLU Annex M Standard LLU Annex M Premium 16 1 High 1.0Mb up Guarantee 1% 80ms <45ms Medium None None None None None High 1.0Mb up Guarantee 1% 80ms <45ms Spitfire Network Services Limited SLA Page 9 of 13 v BTH

10 Spitfire SDSL/SDSL(M) Circuit Speed, Performance & Quality SLA Speed & Throughput Quality Criteria Download Speed (Mb) upload Speed (Mb) Priority at busy times Min Guaranteed throughput Target or Guarantee Packet Loss Latency Jitter Spitfire BT Wholesale Products SDSL 10:1 2 2 No None Target None None None Spitfire Easynet Wholesale Products SDSL 1:1 2 2 N/A 75% SDSL 5:1 2 2 N/A 15% Guarantee on 75% Guarantee on 15% 0.25% 50ms None 0.35% 60ms None SDSL 20:1 2 2 No None None None None None PureStream 2 2 N/A 75% DualStream 1:1 2 2 N/A 75% Spitfire TalkTalk Business Wholesale Products Guarantee on 75% Guarantee on 75% 0.25% 50ms None 0.25% 50ms None SDSL(M) 2 2 Assured Sync Guarantee 1% <80ms <45ms DualStream M 2 2 Assured Sync Guarantee 1% <80ms <45ms Spitfire DSL Fault Repair SLA Target Response Times SLA Clearance Times Spitfire BT Wholesale Products ADSL Standard & Premium, ADSL2+ Standard & Premium, VDSL2 Standard & Premium, Annex M Standard Care 30min 2 wk hr 4 wk hr 1 wk hr 40 clk hr n/a n/a n/a Total Care 30min 2 wk hr 4 wk hr 1 wk hr 20 clk hr n/a n/a n/a Spitfire TalkTalk Business Wholesale Products ADSL2+ Standard, Premium and Voice Approved, LLU Annex M Standard and Premium Standard Care 30min 2 wk hr 4 wk hr 1 wk hr 48 clk hr n/a n/a n/a Enhanced Care 30min 2 wk hr 4 wk hr 1 wk hr 24 clk hr n/a n/a n/a Spitfire SDSL/SDSL(M) Fault Repair SLA Target Response Times SLA Clearance Times Spitfire BT Wholesale Products SDSL 10:1 Standard Care 30min 2 wk hr 4 wk hr 1 wk hr 40 clk hr n/a n/a n/a Total Care 30min 2 wk hr 4 wk hr 1 wk hr 20 clk hr n/a n/a n/a Spitfire Easynet Wholesale SDSL 1:1, SDSL 5:1, SDSL 20:1, PureStream, DualStream 1:1 Enhanced Care 30min 2 wk hr 4 wk hr 1 wk hr 12 clk hr n/a n/a n/a Spitfire TalkTalk Business Wholesale Products SDSL(M) 0.5Mb, 1Mb, 1.5b and 2.0Mb, DualStream M Enhanced Care 30min 2 wk hr 4 wk hr 1 wk hr 24 clk hr n/a n/a n/a Spitfire Network Services Limited SLA Page 10 of 13 v BTH

11 Spitfire DSL KCI Update Targets Spitfire BT Wholesale DSL Products Spitfire TalkTalk Business Wholesale ADSL Products Spitfire Easynet SDSL Wholesale Spitfire TalkTalk Business Wholesale SDSL(M) Products KCI - Customer Update Frequency KCI - Contact Ratio (Phone Call/Text or ) 4 wk hrs 4 wk hrs 4 wk hrs n/a 1:1 1:2 1:3 n/a 4 wk hrs 4 wk hrs 4 wk hrs n/a 1:1 1:2 1:3 n/a 4 wk hrs 4 wk hrs 4 wk hrs n/a 1:1 1:2 1:3 n/a 4 wk hrs 4 wk hrs 4 wk hrs n/a 1:1 1:2 1:3 n/a 3.3 Notes to DSL Service Level Agreement Backup Circuits including PureStream, DualStream, DualStreamM, ADSLStream We recommend that all customers have a backup circuit in place for all services that are mission critical, as covered elsewhere in this document. Spitfire s DualStream range of products are a unique range of SDSL services comprising a Primary SDSL or SDSLM circuit, with a backup circuit which uses the same IP addresses. This allows an easy and straightforward changeover should the Primary circuit fail, by unplugging the router from the Primary circuit and connecting the standby router to the Secondary circuit (ensuring that this is connected to your network). The backup circuit is for PureStream a second SDSLM circuit giving an uncontended 2Mb circuit backed up by a second 2Mb uncontended SDSLM. For DualStream and DualStreamM the backup circuit is an ADSL circuit. The performance SLAs for each individual circuit are as above, but you have the security of knowing there is a backup circuit immediately available. Spitfire strongly recommends that an appropriate backup service is in place and tested on a regular basis. It is the responsibility of the Customer to ensure the backup service works as expected and that your staff understand how to effect the fail over procedure. Please note that the improved SLAs and Service Credit arrangements apply to BOTH the primary and backup circuits being down. Where just the main circuit has failed, the normal SLAs for that product will apply DSL Standard Care, Total Care and Enhanced Care Standard Care is the basic support level provided by Spitfire. Spitfire DSL circuits on Standard Care offer a 40 or 48 clock hour clear depending on the supplier but no guaranteed response time. Unlike many ISPs we provide a Service Level Agreement on standard DSL circuits, this is supported by Service Credits if a circuit fault is not remedied within the SLA clear time. Total Care is an elevated support service from BT Wholesale, covering any DSL product. Total Care offers a clear of 20 clock hours by BT Wholesale, a 4 hour response time and is supported by an improved Service Level Agreement which allows for Service Credits once the ADSL has been out of service for 20 clock hours. If BT Wholesale are unable to complete a repair because access is unavailable, the Service Level will revert to Standard Care and a 40 clock hour clear time. Enhanced Care is an elevated support service from TalkTalk Business (TTB), covering any DSL product. Enhanced Care offers a clear of 24 clock hours by BT Wholesale, a 4 hour response time and is supported by an improved Service Level Agreement which allows for Service Credits once the ADSL has been out of service for 20 clock hours. If BT Wholesale are unable to complete a repair because access is unavailable, the Service Level will revert to Standard Care and a 48 clock hour clear time TalkTalk Business Throughput Guarantee TalkTalk Business products have prioritised downstream and guaranteed upstream rates (assuming the sync rate is greater than the guarantee, otherwise the guarantee is the sync rate). Spitfire does not guarantee local loop line quality and, therefore, cannot guarantee that all lines can support the prioritised upstream and minimum downstream bandwidth speeds specified for its TalkTalk Business products. Spitfire Network Services Limited SLA Page 11 of 13 v BTH

12 4. Spitfire Service Credits 4.1 General Information Regarding Service Credits Service Credit Specifications and Conditions In the event Spitfire fails to achieve the relevant Service Level Agreement clear time, Spitfire will offer a Service Credit subject to the following: 1. Time starts from when we issue a Job Reference Number (MJA Number) once fault has been received by Spitfire Customer Service Centre. 2. All claims for Service Credits must be made within 10 working days of the fault being cleared. To be eligible for a Service Credit you must include the following: a. Spitfire Fault Reference Number (MJA number), you will be issued with this when you report the fault. No service credit can be issued without this Fault Reference Number. b. You must have informed Spitfire of any service-affecting conditions at the time of failure and provided Spitfire with all other information reasonably requested in furtherance of troubleshooting the reported issue. c. Engineers must have been able to gain entrance to the premises if required to affect a repair. 3. Spitfire may reject any Service Credit request which does not provide sufficient supporting information to allow Spitfire to verify the claim. 4. All requests for Service Credits will be subject to confirmation by Spitfire, and will be applied by Spitfire as soon as possible to a subsequent recurring invoice following approval. 5. Service Credits only apply to a complete circuit failure; no Service Credits will apply for items such as related or web hosting related faults. 6. Please see below for the value of the Service Credit which in all cases is based solely on the rental amount charged per month. 7. Service Credits are payable against single faults with continuous downtime recurring and occasional faults will be treated as separate individual faults in all cases. 8. No additional payments will be made for any form of consequential loss, whether direct or indirect, incurred due to any failure or partial failure of the service. Spitfire will inform the client if we reject a request for Service Credits within 10 days of receiving the request, if the clients wish to contest this rejection they may resubmit the request with any additional supporting information within 10 days of Spitfire s notification of its rejection of the credit request. Service Credit Calculations Service Credits are calculated based on the contracted annual rental charge for the relevant circuit (calculated as the monthly charge x 12), pro-rated by the number of days of eligible Service Credit as applied on the relevant SLA. For each 24 hour period on which a Service Credit is due, the credit will be calculated as an amount equal to 1/365 of the applicable annual rental charge of the affected service. The maximum Service Credit payable in respect of all failures within any single calendar month shall not exceed the monthly fees charged by Spitfire for the relevant service for the month in which the Service Credit is claimed. Any excess credits will not carry over into later invoices. Service Credits will be credited onto the client s monthly invoice, under the relevant service. The Service Credits detailed herein for each Service Level Agreement shall be the exclusive remedy available to the Customer for Spitfire s failure to achieve such Service Level. This SLA does not represent a warranty or guarantee by Spitfire that services will be uninterrupted or fit for any particular purpose or intended use of any kind, and Spitfire shall not be liable for any damages of any nature or amount as a result of any failure to achieve any Service Level Commitment, other than the permitted Service Credits authorised and described hereunder. Network Maintenance Planned Network maintenance is targeted to not exceed 4 hours in total in any calendar month. Spitfire will endeavour to provide the Customer with 48 hours notice of Planned Maintenance. Planned maintenance will take place between the hours of midnight and 6.00am, where possible any emergency maintenance will also take place during these hours. Installation and New Service Issues New service and installation issues (line or circuit not live by target live date) are not included in the SLA agreement. Please note that billing for every circuit will commence on the date of installation by the supplier or another third party regardless of whether you are actually using the circuit. Spitfire Network Services Limited SLA Page 12 of 13 v BTH

13 4.2 DSL, Annex M and SDSL Service Credits If Spitfire fails to clear the Digital Subscriber Line fault reported in accordance with this SLA, Spitfire will credit your account in relation to each service affecting incident with one (1) days service credit for each 24 hour period after the SLA clear time that the service remains in a state meeting our definition of a. DSL Service Credits are calculated based on the contracted annual rental charge for the relevant circuit (calculated as the monthly charge x 12), pro-rated by the number of days of eligible Service Credit as applied on the relevant SLA. For each 24 hour period on which a Service Credit is due, the credit will be calculated as an amount equal to 1/365 th of the applicable annual rental charge of the affected service. The maximum Service Credit payable in respect of all failures within any single calendar month shall not exceed the monthly fees charged by Spitfire for the relevant service for the month in which the Service Credit is claimed. 4.3 Ethernet Service Credits If Spitfire fails to clear the Ethernet circuit (or Private Circuit or Leased Line) fault reported in accordance with this SLA and the fault is not resolved after 8 hours Spitfire will pay a sum equal to 20% of monthly rental. Each subsequent 24 hour period where the fault is unresolved will generate an additional payment of 20% of monthly rental. Payments are capped at 200% of monthly rental over any 12 month period. 4.4 WLR (ISDN30e/2e/Analogue lines) Service Credits If Spitfire fails to clear the WLR line fault reported in accordance with this SLA, Spitfire will credit your account in relation to each service affecting incident with one (1) days service credit for each 24 hour period after the SLA clear time that the service remains in a state meeting our definition of a. WLR Service Credits are calculated based on the contracted annual rental charge for the relevant circuit (calculated as the monthly charge x 12), pro-rated by the number of days of eligible Service Credit as applied on the relevant SLA. For each 24 hour period on which a Service Credit is due, the credit will be calculated as an amount equal to 1/365 of the applicable annual rental charge of the affected service. The maximum Service Credit payable in respect of all failures within any single calendar month shall not exceed the monthly fees charged by Spitfire for the relevant service for the month in which the Service Credit is claimed. 4.5 Exclusions Spitfire will not be responsible for, and Service Credits will not be issued in connection with, any failure by Spitfire to meet a Service Level Agreement by reason of any of the following: 1. Any Customer act or omission, including without limitation any negligence, wilful misconduct or misuse of any service or equipment, which impairs Spitfire s or our wholesale partner s ability to provide service. 2. Scheduled and Emergency maintenance on the Spitfire network. 3. on the part of the Ccustomer to timely report the incident and open a Customer Fault Reference (MJA Number) in as described in this SLA. 4. Spitfire may modify the Service Level Agreements and the level of Service Credits for the failure by Spitfire to meet any Service Level Agreement at any time. Such modifications shall be deemed effective immediately upon posting of the modified SLA on the Spitfire web site, or by notifying you. If you have any questions, please contact your Account Manager. 5. Your account must be kept up to date throughout the contract period, and contract terms must be adhered to, including payment by monthly Direct Debit; failure to do so will invalidate this SLA agreement. We retain the right to update this SLA in part or full, with 30 days written notice. Spitfire Network Services Limited SLA Page 13 of 13 v BTH

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