1. SERVICE DESCRIPTION Interoute Internet Access Service comprises of the provision and supply of connectivity to the Internet via the Interoute IP Network that can be either Fully Managed or Wires Only. 2. DEFINITIONS xdsl means any variant of DSL based access, like ADSL (Asymmetric Digital Subscriber Line), SDSL (Symmetric Digital Subscriber Line) or VDSL (Very High Bit-Rate Digital Subscriber Line). Availability means ability to exchange IP Traffic with the assigned Customer Port and the Interoute IP Network on a 24 hours basis, as measured over a Monthly Review Period. Billing Model means the specified Customer billing mechanism for Customer-generated traffic exchanged over the Interoute IP Network via the Customer Port as detailed in the Purchase Order and the relevant recurring and non-recurring Charges foreseen therein. Black Holing means discarding all data destined for a particular IP Address so that it does not disrupt the flow of data to other IP Addresses. Burst means the ability of a Customer to increase the rate of transmission of Traffic above the Committed Data Rate. Committed Data Rate means the constant rate specified in the Purchase Order up to which Interoute agrees to transmit the Customer s IP Traffic. This is specified in the Purchase Order as Local Access Capacity or Committed Units. Customer Port means the provision of a physical and logical connection into the Interoute IP Network that is dedicated solely for the use of the Customer for exchange of Customer Traffic and is the interface between a Third Party Local Access, xdsl network, or direct link to Customer Premise Equipment. Denial of Service (DoS) means a form of electronic attack involving multiple computers, which send repeated requests to a host generating false traffic and rendering it inaccessible to valid users. DNS (Domain Name System) means an Internet Service that translates Customer specified Domain Names to their IP addresses. Eastern Europe means the region of the Interoute Network including those Interoute IP Nodes in Czech Republic, Romania, Hungary, Poland, Bulgaria, and Slovakia. Ethernet First Mile or EFM means ethernet service which uses bonded copper as the access variant, EFM does not include xdsl. Fully Managed means a business model where Interoute provides and manages on behalf of the Customer, specific CPE relevant to the operation of the Internet Access service. Interoute Demarcation Point means the edge of the Interoute IP Network that signifies the physical boundary between Interoute s service presentation points and the Customer Equipment. For Fully Managed sites, Interoute Demarcation Point is the local area network (LAN) interface presented to the Customer on Interoute s managed CPE. For Wires Only sites, the Interoute Demarcation Point is the wide area network (WAN) interface presented to the Customer s CPE. Service and Services means the provision and supply of connectivity to the Internet via the Interoute IP Network either Fully Managed or Wires Only, including any optional services specified on the applicable Purchase Order. Internet Exchange Points and Public and Private Exchange Points mean facilities that exist specifically for the exchange of Internet IP Traffic through peering arrangements with other Internet service providers. Interoute IP Network means the Interoute owned Pan-European network equipment monitored and managed by the Interoute Network Management Systems for the purpose of transporting Customer IP Traffic. Interoute IP Node means physical facility serving multiple customers comprising of Interoute owned IP routing and switching Equipment. Network Management System means Interoute s network integrated fault management system. Network Termination Equipment or NTE means the equipment provided on the customer premises by Interoute or an authorised third party supplier to terminate the physical Wide Area Network connection. Unlike the CPE, the NTE does not contain intelligence necessary to operate the page 1 of 11
service and must be connected to a CPE that is provided by either Interoute or the Customer to serve this function. Nordic Region means the region of the Interoute network including those Interoute IP Nodes in Sweden and Denmark. Packet Delivery means a sampled measure, expressed as a percentage, of the number of IP packets successfully received at a designated Interoute IP Node on the Interoute IP Network. Provider Aggregatable Address Space (PA-addresses) are Internet Protocol addresses assigned by Regional Internet Registries directly to an Internet Service Provider which can be aggregated into a single route advertisement Provider Independent Address Space (PI-addresses) are Internet Protocol addresses assigned by Regional Internet Registries directly to an end-user organization, without going through an Internet Service Provider Protected in the context of a Local Access / Private Circuit or Interoute IP Node means a service configured on a Local Access / Private Circuit and/or Interoute IP Node that has sufficient means of switching to either an alternate port or path in order to maintain or restore the service in the event of a service interruption. RIPE or RIPE NCC means Réseaux IP Européens Network Coordination Centre (RIPE NCC) which is a membership association under Dutch law, established in Amsterdam, the Netherlands. The RIPE NCC has, as an Internet Number Registry, the authority to delegate Internet Number Resources in its service region. The RIPE NCC allocates Internet Number Resources to LIRs. In addition, the RIPE NCC assigns Independent Internet Number Resources to End Users for their internal use in accordance with the applicable RIPE policies for assignment of Independent Internet Number Resources to End Users. Round Trip Delay or RTD means a sampled measure of the time taken to transmit and receive at the same Interoute IP Node an IP packet of a defined size (a Ping Packet ) between any two designated Interoute IP Nodes on the Interoute IP Network. Southern Europe means the region of the Interoute network including those Interoute IP Nodes in Spain and Italy. Third Party Local Access, Local Access Leased Lines, Private Circuits and Access means physical connections (including any patching cross connects/ cabling and xdsl), that are provisioned between the Customer s Premises and the nearest feasible Interoute IP Node. Third Party Local Access connections, not being under the direct control and ownership of Interoute, are not deemed part of the Interoute IP Network. Third Party Internet Connection / IPSec Access / Mobile Access means a connection to the Interoute IP Network via the public Internet. Mobile Access means a connection to the Interoute IP Network via a third party mobile network including, but not limited to, GPRS, 3G and 4G access. Traffic means all IP packets that are transmitted and received at the Customer Port. USA means the region of the Interoute network including those Interoute IP Nodes in the United States of America. Western Europe means the region of the Interoute network including those IP Nodes in the United Kingdom, Ireland, Belgium, Netherlands, Germany, France, Switzerland and Austria. Wires Only means a business model where Interoute does not provide any CPE as part of the Internet Access Service. In such instances the Interoute Demarcation Point on the Customer Premises is the Network Termination Equipment (NTE) and the customer is responsible for the supply, installation and management of any equipment which connects to this NTE. Any other capitalised terms have the meanings set out in Schedule 1. 3. INTERNET ACCESS TERMS The following terms and conditions shall apply when Interoute provides Internet Access Service(s) to the Customer. 3.1. Service Initial Term page 2 of 11
a. The Service will have an Initial Term equal to that stated on the Purchase Order which commences on the Ready for Service Date. 3.2. Access and Permissions a. The Customer agrees to provide Interoute, its employees, representatives and authorised agents, with access to the Customer Premise(s) to enable Interoute to carry out its obligations to deliver Services (where applicable). b. Prior to the installation of any Service at Customer Premise(s) the Customer will ensure that all necessary consents, licences approvals and permissions have been obtained, and that all necessary preparation work has been carried out at its Site in accordance with any instructions that Interoute have provided. Such work is at the Customer s sole expense. c. If the Customer purchases ISDN backup or ADSL, the Customer shall be responsible for the provision of a suitable ISDN / PSTN line within one (1) meter of the proposed location where Interoute is responsible for providing the CPE (unless otherwise agreed in writing between the Parties). In such case the Customer shall be responsible for all costs associated with the installation and rental of this ISDN / PSTN line along with all associated call charges (where applicable). d. Customer will at all times provide Interoute, its employees, representatives and authorised agents, as may be reasonably required, access to the Customer Premise Equipment via the Interoute IP Network, or otherwise, in order to enable Interoute to carry out management of the Customer Premise Equipment. Interoute will notify the Customer in advance where it requires Customer to make such access available. e. At any time, Interoute may require that Customer Equipment be disconnected from the Interoute IP Network for the purpose of any inspection, maintenance, adjustment, repair, replacement or testing of the Customer Premises Equipment on the Interoute IP Network. f. The Customer hereby agrees with Interoute not to replace the Customer Premise Equipment, to make any modification alteration or connection to the same other than by prior agreement in writing with Interoute nor to make any disconnection therefrom otherwise than in accordance with such terms and conditions as Interoute shall from time to time stipulate. g. Ownership and title in any Equipment including CPE provided by Interoute under this Agreement shall at all times belong to Interoute, unless stated otherwise in the applicable Purchase Order. The Customer shall prevent third parties from asserting any rights in relation to such Equipment. h. During the continuance of this Agreement it shall be the Customer s responsibility to insure, and keep insured, Customer Premise Equipment with a reputable insurer against loss, theft, damage or destruction howsoever arising (unless such damage or destruction is caused by Interoute or its agents). Such Equipment shall at all times be at the Customer s risk. i. Following suspension of the provision of any Services, or termination of the Agreement by Interoute and where Interoute subsequently agrees to re-connect the Customer Premise Equipment or recommence the Services, Interoute shall be entitled to claim, and Customer shall pay upon demand, the costs (as set forth in Interoute s prevailing price list, or specified from time to time) of any reconnection charges charged by Interoute in so agreeing to re-connect or re-commence the provision of the Services. page 3 of 11
j. Interoute and /or its sub-contractors will install its own NTE within the telecommunications room at the point where the physical cabling enters the building in each customer site. k. Where Fully Managed Service is provided, the Customer is solely responsible for providing the wiring to connect the CPE to the NTE unless the CPE is located within 3 metres of the NTE following an unobstructed route, in which case Interoute will provide the wiring to connect the NTE to the CPE. l. The Customer is solely responsible for the internal cabling that is required to connect the customer local area network to the CPE (in the case of Fully Managed Services), or to the NTE (in the case of Wires Only Services). 3.3. ADSL Site Services a. Customer acknowledges that actual bandwidth may be less than the quoted capacity and will vary due to a number of factors including the Customer Internet Access Site distance from the local exchange, type of the local exchange, Customer local area network configuration, condition and length of the telephone line, Customer in-site cabling, number of users and type of applications. b. ADSL service is delivered with no guarantee on the quoted capacity. Customer is aware that speed variations are not necessarily related to line faults. 4. CHARGES a. The Charges for the Internet Access Services shall comprise the recurring and non-recurring Charges set out in the Purchase Order: A fixed non-recurring Installation Charge is payable in advance. If a fixed Billing Model is chosen a fixed monthly recurring Flat Rate Charge or Fixed Rate Charge is payable in advance; If a usage based Billing Model is chosen the following Charges are payable: 1) a fixed monthly recurring Committed Base Charge (payable in advance); 2) a Burst Usage Charge (where applicable) payable monthly in arrears billed on a per Mb (or part thereof) usage rate; b. The billable amount of traffic exchanged with the Interoute IP Network via the Customer Port is calculated in accordance with the Billing Model specified in the Purchase Order. c. Unless otherwise agreed between the Parties in the Purchase Order, Charges for the Internet Access Services and any applicable cancellation charges will be invoiced in accordance with the terms specified in Schedule 1 for the amounts detailed in the Purchase Order or Change Order. d. Burst capacity can not exceed the physical port size set out in the Purchase Order. Charges for Burst Traffic are not included in the recurring Monthly Charge. e. Where aggregate billing is required across more than one Customer Port, the Customer will commit to an aggregate Committed Data Rate that is shared across all designated Customer Ports. Aggregate bandwidth usage will be calculated by summing the bandwidth usage measured on all designated Customer Ports. The Customer will be invoiced a recurring fixed Monthly Charge for their aggregated Committed Data plus aggregate Burst Charges billed on a per Mb (or part thereof) bandwidth usage rate for aggregate bandwidth usage above their aggregate Committed Data Rate. 5. SERVICE LEVELS AND SERVICE CREDITS page 4 of 11
Interoute will provide the Customer with service credits (where applicable), as set out below, for the failure to meet the following Service Levels: 5.1. Service Levels a. Service Installation b. Service Availability c. Packet Delivery d. Round Trip Delay 5.2. Service Installation a. Service installation covers the installation and provision of the Customer Port, Equipment, applicable Customer Premise Equipment and the Third Party Local Access or xdsl circuit, where provided and maintained by Interoute to the Interoute IP Node. b. For each Service Interoute will agree with the Customer a Customer Committed Date based upon supplier availability of NTE or CPE and successful installation of Third Party Local Access or xdsl (where applicable). Where Third Party Local Access circuits need to be provided, lead-times will be specified by Interoute on a case-by-case basis. c. Where Third Party Local Access is required for a particular Site in relation to the provision of Third Party Local Access, Customer acknowledges and agrees that delivery of the Service to such a Site cannot be guaranteed and shall be subject to the Third Party Local Access provider being able to connect to the Site. Execution by Customer and Interoute of a Purchase Order does not constitute any guarantee that Interoute will be able to deliver the Services to all the Sites. d. If only part of an order is delayed, valid service credits will be payable only in respect of those Service elements(s) that are not delivered by the Customer Committed Date for that particular Site. On completion of the service installation of each Service, Interoute shall deliver to Customer a Service Handover Document in respect of the Service. Following receipt of Service handover Document Customer shall have a period of five (5) working days to either accept the Service or to notify Interoute of any material non-compliance of the Service as described in Schedule 1. e. Where the Customer Committed Date for the Service Installation is not met by Interoute, the following Service credits will apply: Number of full Working Days by which Interoute Service credits as % of Installation Charge: fails to meet Customer Committed Date for Service: 1 to 5 days 10% 6 to 10 days 20% 11 to 20 days 30% > 21 days 50% page 5 of 11
5.3. Service Availability a. For both Fully Managed and Wires Only Service, Service Availability means ability to exchange IP Traffic between the assigned Interoute Demarcation Point and the directly connected Interoute IP Node on a 24 hours basis (up to the Committed Data Rate where applicable), as measured over a Monthly Review Period, and is based on the number of minutes that exchange was not available as determined by Interoute based on the conditions stated below. b. Any delays to, interference with, loss or degradation of Service resulting directly or indirectly from the following events will not be included in the calculations of Availability: i. Planned Outage events, ii. iii. iv. Access to any Customer Premise Equipment was denied, Incompatibility or failure of Customer Equipment, facilities or applications, or Any act or omission of the Customer c. Target Service Availability is dependant on the access / connection type to the Interoute IP Network and is defined as follows: Connection type used when connecting to the Interoute IP Network Target Service Availability Protected IP Node (no Local Access) 99.99% dual Private Circuits (Leased Line, Ethernet or Dark Fibre) 99.95% single Private Circuits (Leased Line, Ethernet or Dark Fibre) with ISDN or xdsl 99.90% backup Unprotected IP Node (no Local Access) 99.5% single Private Circuits (Leased Line, Ethernet or Dark Fibre) 99.5% Ethernet First Mile (EFM) Local Access 99.0% xdsl Local Access 98.5% d. For Service(s) where dual Private Circuits or single Private Circuits with ISDN or xdsl backup is employed, the Target Service Availability is based upon at least one of the circuits being operational and thereby making the Service available. e. Where multiple Customer Ports are made available as a single Service to the Customer and aggregate billing is applied, the Service shall be considered available if at least one of the Customer Ports is operational and the relevant Target Service Availability for this Service as a whole shall be (not calculated per Customer Port but) equal to the Target Service Availability of the Customer Port with the connection type with highest Target Service Availability as set out in the table above. f. Internet Services that are connected by means of Third Party Internet Connection, IPSec Access or Mobile Access are not eligible for Service Credits under this paragraph 5.3. g. Percentage Service Availability is calculated per Monthly Review Period using the following formula: P= (H U) H X 100 Where: P is the percentage Availability; U is the total amount of minutes a Customer Site during that Monthly Review Period for which the Service was unavailable; page 6 of 11
H is the total number of minutes in that Monthly Review Period; If Interoute provides the Customer with an access type that is not on the lists contained in the tables above, then the relevant SLA will be provided by Interoute upon request. Service Availability Credits Where Service Availability falls below target during any Monthly Review Period, the Customer will be entitled to Service credits as follows: Service Availability during Monthly Review Period below the target Availability by: Service credits as % of the Monthly Charge: 0.25% 5% 0.75% 10% 1.5% 15% 2.5% 20% 3.5% 25% > 3.5% 30% 5.4. Packet Delivery a. Target Packet Delivery is >99.9% as calculated and averaged over all routes between Interoute IP Nodes during a Monthly Review Period. b. Average Packet Delivery is calculated monthly using the following formula: R i I Tav= S i I X100 Where: Tav the average Packet Delivery. R i the total number of IP packets received by each Interoute IP Node from an originating Interoute IP Node; and S i the total number of IP packets sent from the originating Interoute IP Node to each Interoute IP Node. c. Packet Delivery will be measured on a per Interoute IP Node basis with the results reported for every five (5) minute period on the Interoute Hub. d. Where average Packet Delivery falls below 99.9% during any Monthly Review Period, the Customer will be entitled to service credits as follows: Packet Delivery during Monthly Review Period Service credits as % of Monthly Charge: below the target packet delivery: 1% 1% 2% 2% 3% 3% >3% 4% page 7 of 11
5.5. Round Trip Packet Delay The Target Round Trip Delay (RTD) SLA is based upon the average RTD measured between Interoute IP Nodes over a Monthly Review Period as detailed in the table below. RTD is measured every 5 minutes on a per Interoute IP Nodes basis with the results being reported on the Interoute Hub. Eastern Europe Southern Europe Western Europe Hong Kong Nordics USA Eastern Europe 30 50 50 125 45 265 50 Nordics 20 70 120 60 265 70 Southern Europe 35 115 40 265 80 Turkey USA 10 100 305 145 Western Europe 35 245 70 Hong Kong 265 Where average Round Trip Delay is exceeded during any Monthly Review Period, the Customer will be entitled to a Service Credit equivalent to 5% of the Monthly Charge for the relevant month under consideration. 5.6. Exclusions to payment of Service Credits Service Credits will not be payable by Interoute to the Customer in all cases detailed in Schedule 1 and in the following cases: a. Service Credits are not applicable for more than one breach of any Service Level outlined in this Schedule 2 arising from the same occurrence. b. DNS issues outside the direct control of Interoute. For instance, in all cases in which a domain is not managed by Interoute on its own DNS servers. c. Interoute does not guarantee that the Customer will be able to Burst at any given time and the Burst (95%) Usage Charge is specifically excluded from the Service Credits calculations. d. The performance of third party networks including; traffic exchange points including Internet networks, transit and peering connections provided and controlled by other companies, and Public and Private Exchange Points. Furthermore, in respect of any Monthly Review Period the total amount of any Service Credit payable in relation to an SLA breach shall not exceed 50% of the Monthly Charge for the affected Service. Installation Service Credits do not apply to Services with Third Party Local Access. Where Third Party Local Access needs to be provided, the lead-time will be specified by Interoute on a case-by-case basis. page 8 of 11
6. SERVICE CANCELLATION In addition to the early cancellation provisions in Clause 6 to Schedule 1 Interoute standard terms and conditions of the Agreement, if all or part of the Service is cancelled prior to the Ready for Service Date, the Customer will be liable for a percentage of the Service Installation Charge, according to the following schedule: Number of Working Days Before Ready for Customer liability as % of Installation Charge Service Date 0 to 1 days 100% 2 to 5 days 90% 6 to 10 days 70% 11 to 20 days 50% 21 to 30 days 25% 7. FAULT REPORTING AND MANAGEMENT 7.1. Fault Handling a. Any suspected faults should be reported to the Interoute Customer Service Centre using the procedures detailed in the Service Handover Document to be provided on the Ready For Service Date. When reporting a fault, the Customer should identify the affected Service and provide details of the fault. 7.2. Time to Repair a. Interoute aims to resolve faults causing loss of Service within four (4) hours, provided access to the affected Customer Site, if required, is available. Interoute will provide the Customer with progress updates every two (2) hours, unless otherwise agreed. b. Where the fault arises from any Third Party Local Access, Interoute shall endeavour to manage the resolution of the fault by the Third Party Local Access provider as soon as reasonably practicable. 7.3. Fault Duration a. All faults recorded by the Network Management System will be reconciled against the corresponding fault ticket raised by the Customer Service Centre. The exact fault duration will be calculated as the elapsed time between the fault being reported to the Customer Service Centre and the time when Service is restored. 7.4. Planned Outages a. Planned Outages may be required on the Interoute IP Network and the Customer Port, including associated hardware and/or software for scheduled network maintenance and upgrade activities. Save in the case of emergency, Interoute will effect such outages in accordance with the Operation and Maintenance clause in Schedule 1. page 9 of 11
8. DOMAIN NAME SERVICES 8.1. As an additional service, Interoute provides Domain Name Services that provide the following service: a. The hosting of customer domains on Interoute s DNS. b. Interoute Domain Manager, which is a tool that customers can use to perform the following functions with respect to their domains. c. Purchase a domain name that is to be hosted by Interoute. d. Transfer a domain name to / from Interoute s hosting servers e. Administer a domain that is hosted by Interoute 8.2. Customers may request Interoute to perform any of the services that are available on the Interoute Domain Manager, however, Interoute at its discretion may levy reasonable additional charges on the Customer. 8.3. The Interoute Domain Name Services are provided without any guarantee or Service Levels agreement. 8.4. It is the Customers responsibility to ensure that the information and data associated with the domains that are hosted by Interoute is relevant and current. 8.5. Interoute has no control over the availability of domain names and accordingly accepts no responsibility for the availability of any domain name. If any domain name is or becomes unavailable through a request from any domain name registration authority, the Customer shall take all steps to relinquish the relevant domain name or otherwise to abide by the order of such authority. Interoute shall be entitled to take all appropriate steps to achieve the same. 9. NETWORK NUMBER 9.1. Pursuant to the Purchase Order, IP addresses will be allocated as per the Customer s needs, in strict adherence to RIPE guidelines available at www.ripe.net and general accepted industry good practice. 9.2. Interoute will route existing Provider Independent IP addresses that were previously assigned to the Customer only if those addresses were assigned to the Customer directly and not through any other Internet Service Provider. The Customer is responsible for ensuring that the criteria for their Provider Independent IP address assignment is maintained and valid. Interoute does not guarantee that the customer assignment of Provider Independent IP addresses will be routable on any part of the Internet. 9.3. Interoute shall assign new or additional Provider Aggregatable IP addresses in accordance with Interoute s policy and upon being provided with satisfactory documentation justifying the need for those addresses. In certain circumstances it may be necessary for IP addresses to be approved by the relevant authority i.e. RIPE and in such cases Interoute shall not be responsible for any decision to be made by the relevant authority. 9.4. When Interoute assigns Provider Aggregatable address space to the Customer, those addresses are assigned only for the duration of the Service and become invalid at such a time as Interoute no longer provides the Service to the Customer. A temporary extension (usually thirty (30) days from the date of Service termination) may be made at Interoute s sole discretion. After termination or after such extension period (if any) those addresses may be reassigned to other customers by Interoute. If the Customer wishes to apply for addresses that will subsist beyond the duration of the Service, it must do so directly to the relevant authority. Any decision by the relevant authority or by another Internet page 10 of 11
Service Provider relating to IP addresses is the responsibility of that party and Interoute accepts no responsibility for any such decision. 9.5. In respect of any actions taken by Interoute pursuant to this paragraph 9, Interoute at its discretion may levy reasonable additional charges on the Customer. 9.6. All services to be provided by Interoute pursuant to this paragraph are provided expressly without any guarantee, Service Levels agreement, or undertaking as to availability and timeliness of response. 10. TRAFFIC BLACKHOLING AND DDOS ATTACKS 10.1. Interoute reserves the right to Black Hole any of the Customer s traffic as required to protect the Interoute Network or its other customers traffic. 10.2. Interoute does not warrant that it can protect the Customer and the Customer s end users from DDoS attacks. Interoute recommends that Customer purchases a DDoS protection against DDoS attacks. 11. HISTORICAL ARCHIVE AND BACK-UP While Interoute backs up its servers as a regular part of its internal systems administration, Interoute does not guarantee any storage or backup of Customer data. 12. RESPONSIBILITY OF CUSTOMER EQUIPMENT AND ASSOCIATED SOFTWARE a. Customer Equipment and associated software-based applications and operating systems may be accommodated within colocation premises provided by Interoute on Interoute s Additional Terms for colocation. b. Customer Equipment connecting to Interoute s Internet Services must be a device that is operating at the Network Layer of the Open Systems Interconnection (OSI) / Internet Layer of the Internet Protocol Suite. c. Customer Equipment operating at Data Link Layer (OSI) / Link Layer (Internet Protocol Suite) must not be directly connected the Interoute Internet Service. 13. Independent Internet Numbering resources (internet Provider independent IP addresses) The Customer is expected to liaise directly with the RIPE NCC to be assigned Independent Internet Number Resources. Interoute does not provide any service in relation thereto. However, on a case by case basis, upon Customer s specific request, Interoute may consider offering such a sponsoring service for a fee to be agreed and applying the terms and conditions imposed by RIPE. page 11 of 11