SERVICE SCHEDULE FOR ETHERNET PASS-THROUGH SERVICES The following terms are additional to those in the applicable Master Reseller Agreement (the Agreement ) between UK Broadband (the Supplier ) and PCCW Global ( the Customer ) and shall apply where, pursuant to an Order Form, the Customer orders Ethernet Pass-Through ( EPT ) Services (the Service(s) ), as may be described in this Service Schedule and relevant Order Form. Capitalised terms shall, unless separately defined below, have the meaning given to them in the Agreement. 1. Definitions Business Day means any day in England on which the banks are open for business, excluding Saturdays and Sundays. Broadcast Storm means a circulation of broadcast and multicast packets around the network. Class(es) of Service means the way of managing traffic in the MPLS network by grouping similar types of traffic (for example, e-mail, streaming video, voice) together and treating each type as a class with its own level of service priority. Customer Access means a Customer provided telecommunications link connected to Customer Equipment and/or the Service but expressly excluding access services provided by the Supplier hereunder. Customer Equipment means the Customer owned and managed network equipment installed at Customer Premises sending Ethernet packets to and from the Microwave Ethernet Switched Ethernet link for a specific Customer Premises. Customer Software means Customer owned and managed software applications that run on the Customer Equipment or network. DTU means Data Terminating Unit, which is the equipment at the customer premises that terminates a network access point. Ethernet Switching Device means a device that connects multiple user devices into one single Ethernet network. Ethernet Virtual Connection or EVC means the connection between the UNI and NNI. Installation Charge means the one-time Charge payable by the Customer to the Supplier in respect of the Service provided by the Supplier to the Customer. IP means the Internet protocol which is the transmission protocol for communicating within a network. Jitter Level means the measurement of variation in one-way network delay of a PoP-to-PoP Route in milliseconds, i.e., one-way measurement of the delay deviation between two sequentially generated ping IP packets, by sampling ping IP packets sent between the test routers attached to the PE Routers in a calendar month at five minutes interval. Microwave Ethernet means a radio data link providing a defined level of bandwidth (as specified on the Order Form) provided for the Ethernet Pass-Through service and presented to the Customer as a Switched Ethernet connection. V1.0 1 of 8 2nd th October 2013
Multi-Protocol Label Switching or MPLS means the mechanism in telecommunications networks that switches data between network nodes on the virtual paths between the network nodes identified by the short path labels. NNI means Network to Network Interface, the Switched Ethernet port(s) at the Supplier s datacentre or PoP where the Supplier and Customer networks are interconnected. NTU means Network Terminating Unit, which is the equipment at the Customer Premises that terminates a network access point. Packet Loss means the percentage of packets that are not successfully transported between the UNI and the NNI. Point of Contact (POC) means a person authorized by the Customer to be the contact point of the Supplier. PoP means the Supplier s or other operator s Point of Presence with a PE device. PoP-to-PoP Route means the transmission path from one PoP to another PoP. Recurring Charge or Recurring Monthly Charge means the periodical Charge payable by the Customer to the Supplier in respect of the Service provided by the Supplier to the Customer. Recurring Charge of the EVC means the periodical charge payable by the Customer to the Supplier for the EVC provided by the Supplier to the Customer. If the Order Form does not provide a specific Recurring Charge of the EVC, the Recurring Charge of the EVC shall be twenty percent (20%) of the respective Recurring Charge of the Ethernet Pass-Through Service. Requested RFS Date means the date on which the Customer wishes the Service to be activated as set out in the Order Form. Round Trip Delay means the measurement of two-way network delay of a PoP-to-PoP Route in milliseconds by sampling ping IP packets (not less than 64 bytes) sent between the test routers attached to the PE Routers in a calendar month at five minutes interval. Service Level(s) means the expected levels of service as defined in this Service Schedule. Service Failure means a failure associated with the Service resulting in a total loss of the Service for a period of not less than one hour during which time it is not possible to transmit data. Service Credit means credits that may be requested in writing by the customer and applied to a customer invoice as specified in this agreement. Supplier Equipment means network equipment owned and managed by the Supplier that is the physical demarcation point of the Service. Switched Ethernet Port means the UNI at network PoP s PE device. UNI means User Network Interface (UNI), an Ethernet port on Supplier Equipment at Customer Premises. Voice over IP (or VoIP) means voice communication over IP networks. V1.0 2 of 8 2nd th October 2013
2. Service Description 2.1 The Supplier shall provide an Ethernet Pass-Through ( EPT ) Service ( Service ) which is a Switched Ethernet connection between the UNI and NNI. 2.2 The Service may comprise of (i) a Switched Ethernet Port; (ii) Microwave Ethernet Local Access; and (iii) EVC, which set up an end-to-end Ethernet connection between and/or among the Customer Premises at a speed (or bandwidth, rate or data rate), Class of Service and the Ethernet connection type as stated in the Order Form. 2.3 The Ethernet connection types available to the Service are: (i) E-Line. This is an Ethernet virtual private line connection that provides a point-to-point EVC between two selected UNIs. (ii) E-Tree. This is an Ethernet virtual private tree connection that provides a point-tomultipoint EVC between a selected Hub and the spoked UNIs. (iii) E-LAN. This is an Ethernet virtual private LAN connection that provides a fully meshed EVC or multi-point-to-multipoint EVC connecting a selected UNI to a virtual Ethernet Switching Device. 2.4 If the provision by Supplier of Microwave Ethernet Local Access does not include the supply of DTU or NTU, the Customer is required to provide the DTU or NTU at the Customer s own cost and such DTU or NTU provided by the Customer shall be regarded as Customer Equipment. 2.6 The Service shall be ordered by the Customer completing and signing an Order Form provided to the Customer by the Supplier. The signed Order Form shall be subject to the Supplier s acceptance. 2.7 The Supplier shall use reasonable endeavours to provide the Service by the Customer s Requested RFS Date. However, it is acknowledged and agreed by the Customer that this date shall not be binding and the Supplier shall keep the Customer informed as to the expected RFS Date. 2.3 The Service shall have a Minimum Term as set out on the Order Form, which shall commence on the Ready for Service Date. 3. Customer Obligations In addition to the obligations set forth in the Agreement, the Customer shall: 3.1 appoint, in the Order Form, two (2) Points of Contact ( POC ) as the Customer s authorised persons to submit to the Supplier on the Customer s behalf, the initial and on-going network configuration information for the Service and change requests in respect of the Service, including the authorization of the POC to make changes to the Customer s security policy for the Service and appointment of additional or replacement POC. The Customer warrants to the Supplier that the POC appointed in accordance with this clause are duly authorised to act on the Customer s behalf in relation to the Services; 3.2 carry out adjustments, modifications, alterations, repairs or replacements, at its own expense to any Customer Equipment and/or Customer Access, which is connected to the Service and/or Equipment, when so required by the Supplier; V1.0 3 of 8 2nd th October 2013
3.3 permit the Supplier, its suppliers and subcontractors access to the Customer's Premises at reasonable times for the purpose of installing, inspecting, upgrading or terminating the Service and/or installing, inspecting, replacing or recovering any of the Supplier Equipment in connection with the provision of the Service; and 3.4 establish and maintain, for the duration of the Agreement, reasonable and adequate security policies, operating procedures and standards with respect to: (i) (ii) (iii) the Customer Equipment and/or Customer Access that interface with the Service and/or Supplier Equipment; any network, equipment and applications not provided by and/or managed by the Supplier; and the control of Broadcast Storm within Customer s network. 4. Service Limitations 4.1 The Supplier is not liable to the Customer for any delay in provisioning or restoration of the Service if any such delay is caused by the faults of or found to lie with the Customer Access, Customer Equipment, or Customer Software. 4.2 The Supplier cannot guarantee nor is liable for the security of traffic transmitted over any Service. 4.3 In the event of a failure of the Service, the Supplier accepts the responsibility for correcting such fault up to and including the EVC(s), Microwave Ethernet Local Access and Supplier Equipment of the Service that the Customer has subscribed as indicated on the Order Form. For the avoidance of doubt, the Supplier shall have no responsibility for correcting a fault, which is caused by or found to lie with the Customer Access, Customer Equipment, or Customer Software. 4.4 The Supplier may suspend the Service if the Broadcast Storm from Customer s network is affecting or reasonably suspected to be affecting the Supplier s Network infrastructure. 5. Use of Service 5.1 The Customer acknowledges that the Supplier exercises no control and accepts no responsibility or liability for the information, services and content accessible on the Service. The Customer assumes entire responsibility for the Customer s use and its Users use of the Service, software and Equipment. The Customer and its Users access the Service at their own risk. 5.2 The Supplier expressly disclaims any representation or warranty that the Service or the Supplier provided software or Supplier Equipment will be error free, secure or uninterrupted. No advice or information given by the Supplier shall create a warranty other than as expressly recorded in the Agreement. 5.3 Unless otherwise set out and agreed on the Order Form, the Customer acknowledges that it is responsible for implementing any desired security mechanisms for the Service. 5.4 The Customer shall be responsible for obtaining all permissions and consents necessary to allow the Supplier to deliver the Service. V1.0 4 of 8 2nd th October 2013
5.5 The Customer shall be solely responsible for the provision of appropriate technical expertise, knowledge and resources sufficient to integrate and configure its LAN and/or WAN systems, applications and interfaces with the Service, the Customer being responsible for such integration and configuration. The Supplier does not provide LAN or WAN integration as part of the Service, the Service being delivered by means of a Customer facing port(s). 6. Fees and Charges 6.1 General The Charges shall be set out on the Order Form and the Supplier shall invoice the Customer in accordance with the Agreement commencing on the RFS Date. The Supplier shall be entitled to apply any additional charges incurred by the Customer to the next applicable invoice. 6.2 Access Charges Unless specifically included in the Order Form the Charges specified in the Order Form for the Service do not include any additional access and access-related charges, including, without limitation, inside wiring charges and any other associated charges all of which shall be for the cost of the Customer. 6.3 Excess Construction Charges 6.3.1 If following acceptance of an Order Form the Supplier determines that additional infrastructure is required to enable the Customer or its end users to receive the Service, the Supplier will inform the Customer by notice in writing of the excess construction charges that will apply and any impact on the Requested RFS Date. 6.3.2 The Customer will have a period of 28 days from the date of the notice within which to accept the excess construction charges. During that time and until the Customer notifies the Supplier whether it wishes to accept the excess construction charges, the Customer s Order shall remain on hold. Failure to accept the charges within this timescale will result in the Customer s Order Form for the Service being cancelled and neither party shall have any liability to the other. 6.3.3 Where the Customer accepts the charges, but subsequently cancels the Service prior to installation, the Customer shall be liable to the Supplier for any work completed or committed to, together with such reasonable cancellation charge as may be notified by the Supplier to the Customer. 6.4 Abortive Visit Charge 6.4.1 The Supplier reserves the right to raise an abortive visit charge in the following circumstances: (a) (b) When a Supplier engineer attends an incorrect address provided by the Customer. When a Supplier engineer arrives to carry out the installation at the address provided by the Customer, but either: (i) (ii) the Customer no longer wants the installation completed; or the Customer and/or User, having previously chosen to be present at the time of installation, does not attend. V1.0 5 of 8 2nd th October 2013
(c) (d) (e) (f) When entry is refused at Customer Premises, or no access can be gained at the appointed time agreed between the Supplier and the Customer. If the Supplier is delayed in its installation activities because the Customer fails to make Supplier Equipment that the Supplier has despatched to the Customer for installation purposes available to the Supplier on arrival at the Customer Premises. If the engineer attends the Customer Site and finds that the location and/or environment provided by the Customer for the Supplier Equipment and/or Customer Equipment is not suitable. If the Customer provides the Supplier with less than 24 hours notice of an amendment to, or cancellation of a Service. 6.5 Early Termination Charges Should the Customer end a Service and/or the Agreement prior to the expiration of the Minimum Term, the Customer will have to pay the Supplier, as compensation for ending the Service(s) and/or the Agreement early, a sum equal to the amount of the Charges payable to the Supplier to the end of the relevant Minimum Term(s). 7. Maintenance The Supplier reserves the right to perform any routine or emergency maintenance that may limit or suspend the availability of the Service. The Supplier shall provide reasonable prior notice of any scheduled maintenance however the Customer acknowledges that the Supplier may not be able to provide prior notice in the event of emergency maintenance. Any suspension in the availability of the Service shall not be deemed to be a violation by the Supplier of any of its obligations under this Agreement. 8. Service Levels 8.1 The Supplier shall use reasonable endeavours to maintain an annual Service availability of 99.93%. (Availability = (Total Time - Unavailable Time)/Total Time x 100 8.3 The Supplier shall use reasonable endeavours to respond to the Customer in respect of any Service Failure within 4 hours during any Business Day and to rectify such Service Failure within 8 hours or less during any Business Day after receiving notification from the Customer and the Supplier verifying that the Service is unavailable. 8.4 The Supplier will contact the Customer pursuant to an agreed upon method, provided that the Customer provides the Supplier with a valid phone number, fax number or email address. The Customer is solely responsible for providing accurate and up-to-date contact information for the Customer s designated Point Of Contact. This contact method shall be used only for the service availability issues; all other notifications shall be made in accordance with the relevant Notices clause within the Agreement. 8.5 The Supplier shall not be liable for any failure to meet the Service Levels as set out above to the extent that such failure: V1.0 6 of 8 2nd th October 2013
(a) (b) (c) (d) (e) is caused directly or indirectly by any act, omission or default of the Customer or of any third party or which occurs during any period of suspension of a Service which has been agreed in advance with the Customer; is due to planned maintenance and repair carried out in accordance with the Agreement; is due to any fault on the Customer s side of the demarcation point or failure of power, equipment or service provided by the Customer or any third party; occurs during any period in which the Supplier is not given access to the relevant Customer Site or the Customer declines to allow the Supplier to access and/or test the Service; results from the Supplier implementing an instruction and/or variation request from the Customer for a change of whatever nature in the Service; occurs as a result of an event or climatic conditions which are beyond the reasonable control of the Supplier. 9. Service Repair Time 9.1 Where there is a Service Failure the Supplier shall use reasonable endeavours to repair the fault within a reasonable time for any elements owned by the Supplier and taking into account any matters beyond the Supplier s reasonable control as set out in clause 8.5 of the Agreement. The Supplier cannot provide any target repair time for elements not owned or controlled by the Supplier. 9.2 Exclusions from Service Level Agreement The following shall not be included when calculating the unavailable time in the Availability calculation at paragraph 8.1 above: (i) (ii) Routine maintenance notified to Customer in advance; Emergency maintenance 10. Faults in the Service 10.2 A failure within the Service resulting in an Service Failure shall have a target time to fix of within 8 working hours. A customer may claim Service Credits for any length of time the Service is not available beyond the TTTF (Target Time To Fix) according to the scale outlined in clause 10.4 below. 10.3 A Service Failure in this sub clause refers to a failure resulting in the Customer s inability to transmit data using the Service in one or either direction. 10.4 Service credits Service Failure period (after notification) TTTF + 1 hour 2.5% TTTF + 2 hour 5% TTTF + 3 hour 12.5% TTTF + 4 hour 15% Compensation as % of RMC TTTF > +4 hours +2.5% For every hour to a maximum of 25% V1.0 7 of 8 2nd th October 2013
Repeat Service Failures on the same Service within a 1 month period shall count towards the same cumulative Service Failure period and Service Credits due shall continue to rise in accordance with the table above. 10.5 Round Trip Delay SLA Measured between UNI and NNI, averaged RTD shall not exceed 30ms. RTD shall be averaged over 1 day. 10.6 Packet Loss SLA As measured between the UNI and the NNI. The aggregate average Packet Loss measured across the preceding day shall be less than 0.01%. 11. Service Installation 11.1 The Supplier will provide an RFS Date for the installation of Services. If the Supplier fails to meet the RFS Date, the Customer will be entitled to a Service Credit (installation) (each a Service Installation Credit ) in accordance with this clause. 11.2 If only part of an Order is delayed, Service Credits will be payable only in respect of Services that are not delivered by the RFS Date. Service Installation Credits will be calculated as follows: Number of full working days by which UKB fails to meet the RFS Service Credits as a % of Installation charge for the affected circuit 1 to 5 days 10% 6 to 10 days 15% 11 to 20 days 20% 21 days or more 25% 11.3 Service Installation Credits will not be payable if any of the following prevent completion of a planned installation, required work or delays a repair: Customer or 3 rd party provided electrical supply outage Applicable governing Health & Safety regulations prevent access to the installation Customer Premises access is withheld by the Customer or building landlord or tenant Any situation which might be reasonably regarded as constituting a matter beyond our reasonable control, including without limitation, where any interruption to the Service is caused by environmental factors, where the part of the Service affected is controlled by a 3 rd party, or other situation as set out in clause 8.5 above. Claiming Service Credits 11.4 Service Installation Credits must be claimed by the Customer and can be claimed at any point in writing up to 21 days after a reported incident. V1.0 8 of 8 2nd th October 2013