NetStream 1 Disaster Recovery Service Service Schedule Contents 1 Definitions 2 Service Annex 1 List of Sites covered by this Contract British Telecommunications plc Page 1 of 5
1 DEFINITIONS The following are additional definitions to the Contract for NetStream 1 Disaster Recovery Service, unless the context otherwise requires: Affected Circuit means a Circuit nominated as such by the Customer in the Switching Plan; BT s Licensed Area means the United Kingdom other than the Hull Area; Customer Requirements Form means the BT form containing particulars relating to the Service, and which will include the details of the Protected Sites and will be incorporated into Annex 1 of this Service Schedule; Circuit means a 2 Mb/s Private Circuit delivered over Synchronous Digital Hierarchy; the Hull Area means the area in which Kingston Communications (Hull) plc is licensed by virtue of its licence dated 30 November 1987 under the Telecommunications Act 1984 to run telecommunications systems from 1 January 1988; Incidence Fee means the fee incurred for implementation of the Service in accordance with the BT Price List; Paperbased Exercise means a test of the Service whereby the Customer sends BT a Switching Plan and BT responds with a Primary and a Secondary Switching Schedule but no Switching of Circuits takes place; Primary Switching Schedule means a list of Circuits, as compiled by BT following receipt of the Proper Request and the Switching Plan from the Customer, identifying those Circuits in the Switching Plan that BT is able to initially Switch, subject to existing capacity, and identifying those Circuits that BT is unable to initially Switch; Private Circuit means a terrestrial telecommunication link provided between two or more specified points none of which is a point at which BT s telecommunications systems are connected to telecommunications systems run by another telecommunications provider in the Hull Area, the Isle of Man, the Channel Islands or the Republic of Ireland and which is wholly within BT s Licensed Area, other than by means of one of BT s public switched telecommunications systems; Processes means BT s operational procedures for the Service, which shall be made available to the Customer on request; Proper Request means a Customer request, using an agreed exchange of passwords, authorising BT to implement a (1) Paperbased Exercise, (2) Reverse Switching, (3) Switching, (4) Test Switching, or (5) any other activity as may be agreed in advance between the parties; the type of request to be appropriately identified by the Customer and sent by mail, fax or email, or by such other method as the parties may agree, to BT s address in accordance with the Notice provisions in this Contract; Protected Site means premises nominated by the Customer and set out in Annex A, being a Site where any Circuit is terminated prior to any request for Switching; Reverse Switching means any subsequent switching of a Circuit from the Standby Site back to the original Protected Site after the original Switching; Secondary Switching Schedule means a list of Circuits identifying those Circuits that BT is able to Switch to the Standby Site(s) specified in the Switching Plan using spare existing Circuit capacity; Standby Site means premises nominated as such in the Switching Plan, Primary Switching Schedule or Secondary Switching Schedule which is connected by Circuits to a Protected Site, and which may be a Protected Site; Switch, Switching means the re-routing of an Affected Circuit, specifically by the diversion of one end of a Circuit from the Protected Site to a Standby Site as defined in the Primary or Secondary Switching Schedules; Switching Plan means a plan prepared by the Customer and sent to BT, by mail, fax, or email, or by such other method as the parties may agree to BT s address in accordance with the Notice provisions in this Contract, with a corresponding Proper Request, identifying as a minimum the affected British Telecommunications plc Page 2 of 5
Protected Sites, Affected Circuits (including both Circuits to be Switched away from a Protected Site and identified spare Circuits between the Protected Site and Standby Sites) and Standby Sites. The Switching Plan will clearly identify if it is to be used for a (1) Paperbased Exercise, (2) Reverse Switching, (3) Switching, (4) Test Switching, or (5) any other activity as may be agreed in advance between the parties; Test Switching means a pre-arranged Switching of a Circuit from one Protected Site to the appropriate Standby Sites, and a subsequent Reverse Switching from Standby Sites to the original Protected Site, following receipt from the Customer of a Proper Request and a corresponding Switching Plan; Test Switching Failure means the failure by BT to Switch, within the service levels set out in the BT Price List, 11% or 2 Circuits, whichever is the greater of those Circuits which BT identified that it could Switch in the Primary and Secondary Switching Schedules. 2 SERVICE 2.1 Switching 2.1.1 The Customer will provide BT with a list of Protected Sites upon commencement of this Contract. 2.1.2 The Customer and BT will agree the format of the Switching Plan upon commencement of this Contract. 2.1.3 The Customer will use a Proper Request to request that BT Switches Affected Circuits from the Protected Site to Standby Sites. 2.1.4 The Customer will provide a Switching Plan to BT at the same time as the Proper Request, or as soon as is reasonably possible thereafter 2.1.5 The Customer acknowledges that BT will rely on the information contained in the Switching Plan. Accordingly BT will only Switch those Affected Circuits that appear in the Switching Plan and will not be liable for any acts or omissions resulting from incorrect information supplied by the Customer, including any obligations to meet service levels as shown in the BT Price List. 2.1.6 Following receipt of a Proper Request and a Switching Plan from the Customer, BT will identify as many Circuits as is reasonably possible from the Switching Plan as being Circuits that are capable of being Switched under the Primary or Secondary Switching Schedule and BT shall include all such identified circuits in the Primary or Secondary Switching Schedule (as appropriate) to be provided by BT to the Customer under paragraph 2.1.7 below 2.1.7 In accordance with the Processes, BT will, within the service levels set out in the BT Price List, (1) provide to the Customer a Primary Switching Schedule, (2) Switch a Circuit from the list of Circuits that BT identifies that it is able to Switch in the Primary Switching Schedule, (3) Switch all the Affected Circuits that BT identifies that it is able to Switch in the Primary Switching Schedule, (4) provide to the Customer a Secondary Switching Schedule, (5) Switch an initial Circuit from the list of Circuits that BT identifies that it is able to Switch in the Secondary Switching Schedule, and (6) Switch all the Affected Circuits that BT identifies that it is able to Switch in the Secondary Switching Schedule. 2.1.8 Following the Switching of Circuits to Standby Sites the Circuits will remain switched unless and until a Proper Request is received from the Customer requesting a Reverse Switching. 2.1.9 BT will not conduct a Reverse Switching until BT has had reasonable opportunity to carry out any test and necessary repairs to the original Circuit(s) at the Protected Site, and has agreed a plan of work with the Customer. 2.1.10 BT will use reasonable endeavours to Switch between 40 and 60 Circuits in any 24 hour period. 2.1.11 BT will use reasonable endeavours to ensure that Circuits are Switched and Sites are restored in the order British Telecommunications plc Page 3 of 5
2.2 Test Switching specified by the Customer in the Switching Plan. 2.2.1 The Test Switchings and Paperbased Exercises will be carried out at a date, time, location, and to timescales to be agreed in advance and in writing between BT and the Customer. 2.2.2 Following receipt of the Customer s Proper Request and Switching Plan, BT will carry out the Test Switching or Paperbased Exercise. The Customer must clearly identify the Proper Request and Switching Plan as being for a Test Switching or Paperbased Exercise. 2.2.3 Following a Test Switching, BT will conduct Reverse Switching(s) at a date, time, location, and to timescales to be agreed in advance and in writing between BT and the Customer and will use reasonable endeavours to conduct such Reverse Switching within one calendar month of completion of the Test Switching. 2.2.4 If a Test Switching Failure occurs, BT will provide an additional Test Switching at no extra cost to the Customer. Prior to providing an additional Test Switching, BT will investigate the failure and report any findings to the Customer, and will conduct any remedial work that BT deems to be necessary within timescales to be agreed with the Customer. 2.3 Additional Switching Capability 2.3.1 The Customer may, by written notice and with the appropriate BT form, extend this Contract at any time to add Protected Sites. If BT agrees to the Customer request (such consent not to be unreasonably withheld) BT will notify the Customer and an additional Protected Site will be deemed to be added to Annex 1 within fourteen days of BT s notice. Protected Sites will become chargeable from the date that BT adds the Protected Site to the Service. 2.4 Reports 2.4.1 BT will provide the Customer with monthly reports of Circuit capacity for agreed Sites in a format to be agreed. 2.5 General Provisions 2.5.1 Should BT under paragraph 18.2 of the Conditions implement an increase in the charges or any other material change to the Contract to the detriment of the Customer, the Customer may terminate the Contract on four weeks written notice to BT and without liability for termination charges in accordance with paragraph 16.2 of the Conditions. The increased charges or change to the contract shall not normally come into effect until six weeks after BT publishes the change. If the Customer gives BT notice to terminate within two weeks of the publication of the revised charges, the increased charges or change to the contract would not, in those circumstances, apply to the Service provided to the Customer during the termination notice period. The Customer will only be liable for any outstanding Set Up charges or Rental charges due in respect of the period prior to such termination. 2.5.2 BT will use its reasonable endeavours to minimise any suspension of the Service under paragraph 3.5(b) of the Conditions. 2.5.3 The Minimum Period of this Contract begins on the Operational Service Date, being the date when the Service is first made available to the Customer at the first Protected Site. A Minimum Period will not apply to each individual Protected Site added subsequent to the Operational Service date. British Telecommunications plc Page 4 of 5
Annex 1 List of Sites covered by this Contract Site Name and Address Date Accepted by BT British Telecommunications plc Page 5 of 5