ASK4 Managed Internet Service Level Agreement
This Service Level Agreement ("SLA") is applicable to the provision of Services in accordance with the ASK4 Managed Internet Service Terms. This SLA is subject to the terms of the ASK4 Managed Internet Service Terms and capitalised terms will have the meaning specified therein. ASK4 reserves the right to change the terms of this SLA in accordance with the ASK4 Managed Internet Service Terms.
1. Definitions
1.1 In this schedule the following definitions shall have the following meanings:
| Term | Definition |
|---|---|
| "ASK4's Core Network" | The network between the Site Gateway and ASK4's Network Edge excluding the Telecommunications Line. |
| "ASK4's Monitoring Server" | A server (or servers) deployed by ASK4 for monitoring service level metrics within the ASK4 wide area network that connects the Premises to the Internet. |
| "ASK4's Network Edge" | The boundary between the network that ASK4 is administratively responsible for and other networks. |
| "ASK4 Support Team" | ASK4's technical support team (having appropriate skills and training) from time to time. |
| "Availability Period" | The period as set out in Annex 1 during which performance against the relevant Service Level is measured (excluding periods of Planned Maintenance, Emergency Maintenance or a Force Majeure Event). |
| "Emergency Maintenance" | Any maintenance that is required as a matter of emergency or urgency. |
| "ICMP Ping" | Protocol for testing whether network hosts are reachable as defined in RFC 1122. |
| "SLA Report" | A written report detailing ASK4's performance against the Service Levels set out in Annex 1 and any accrued Service Credits. |
| "Planned Maintenance" | Maintenance which ASK4 shall either: (a) carry out between 00:00–06:00 (GMT); or (b) give the Site Owner (and User where materially Service affecting) prior notice of. |
| "Pro-rata Unit Amount" | The annual Recurring Fee excluding VAT divided by the total number of Users divided by the proportion the relevant minutes, hours and days bear to a period of 365 days. |
| "Service Credit" | A credit against the Recurring Fee calculated and payable in accordance with this SLA. |
| "Service Event" | A service event as identified in Part 3 of Annex 1. |
| "Service Failure" | Where a Service is not delivered to the Service Level Guarantee Standard. |
| "Service Level Guarantee Standard" | The level of performance which ASK4 must achieve in respect of each Service Level where a Service Credit is due, as set out in Annex 1. |
| "Site Gateway" | A piece of network hardware deployed by ASK4 between the Site LAN and ASK4's wide area network that connects the Premises to the Internet. |
| "User WiFi Degradation" | A situation where, following completion of ASK4's reasonable remote diagnostics, ASK4 determines that Client Received Signal Strength Indicator (RSSI) has degraded below –70 dBm in the Coverage Area. |
2. Service Levels
2.1 Following issuance by ASK4 of the Ready for Use Certificate the relevant Services shall be delivered in accordance with this SLA.
2.2 The response and resolution times for Service Support, as set out in Part 3 of Annex 1, shall begin from the latest of the following:
2.2.1 ASK4 being notified of a Service Event by either the Site Owner or a User;
2.2.2 ASK4 completing its initial internal assessment to determine the category of the Service Event; and
2.2.3 The Site Owner's staff, if requested by the ASK4 Support Team, carrying out reasonable basic diagnostic steps to help identify the nature and cause of the Service Event. The Site Owner shall ensure that its on-site staff are aware of this SLA and shall take all reasonable steps to ensure they co-operate fully with ASK4 in case of a Service Event.
3. Exclusions
General
3.1 ASK4 shall be relieved of its liability in respect of any failure to provide the Services to the Service Levels (including any obligation to pay Service Credits) if such failure is attributable to any of the following:
3.1.1 A failure by the Site Owner to observe any relevant obligations under this Agreement (including failure to provide a continuous power supply to the System Hardware);
3.1.2 Site Owner's Works and the Passive Infrastructure not being completed or maintained in accordance with the Enabling Specification or other specification provided by ASK4; or
3.1.3 A Force Majeure Event.
3.2 ASK4 shall be relieved of its liability in respect of any failure to provide the Services to the Service Levels when ASK4 has given notice of and is carrying out Planned Maintenance or is undertaking Emergency Maintenance.
3.3 ASK4 shall use all reasonable endeavours to carry out Planned Maintenance at a time that ensures the least impact on Users. ASK4 shall give the Site Owner and Users as much prior notice as possible of Emergency Maintenance, acknowledging that prior notice may not always be possible.
Wireless Connection
3.4 ASK4 shall be relieved of its liability in respect of any failure to provide a Wireless Connection to the Service Levels if the failure can be demonstrated to have been caused by:
3.4.1 Equipment installed and/or owned by the Site Owner that has not been notified to ASK4 and is causing wireless interference ASK4 could not have reasonably been aware of during the Installation Process;
3.4.2 Equipment installed and/or owned by a User that ASK4 could not have reasonably expected to have been installed; or
3.4.3 The Site Owner altering the layout of the Premises from the design at the time of the issue of the Ready for Use Certificate.
3.5 Where a Service Event has been caused by any events listed in paragraph 3, ASK4 shall not be required to respond in accordance with Part 3 of Annex 1 but shall endeavour to respond as soon as practicable.
3.6 Any remedial work carried out by ASK4 to remedy a Service Event caused (directly or indirectly) by any of the situations listed in this paragraph shall be charged to the Site Owner at ASK4's standard call-out rates.
4. Reporting
4.1 ASK4 will provide the Site Owner with SLA Reports on request so that the Site Owner can monitor ASK4's compliance with the Service Levels. The maximum frequency of reports will be determined with regard to the Availability Periods such that ASK4 may not be required to report on any particular Service Level part way through the corresponding Availability Period. The parties shall discuss SLA Reports in good faith by way of periodic meetings on such date and at such place as shall be agreed.
5. Service Credits
5.1 In the event that ASK4 fails to achieve the Service Level Guarantee Standard, the Site Owner shall be entitled to Service Credits calculated in accordance with this SLA.
5.2 The Site Owner shall be responsible for monitoring all accrued Service Credits by requesting SLA Reports.
5.3 Where Service Credits are due, the Site Owner shall give notice at least 30 days prior to the date on which ASK4 is obliged to issue a VAT invoice in respect of the next Recurring Fee and ASK4 shall reduce that Recurring Fee accordingly. If no further Recurring Fee is payable, the Site Owner shall issue a VAT invoice to ASK4 within 30 days of the relevant SLA Report and ASK4 shall pay such invoice within 30 days of receipt. If the Site Owner does not notify ASK4 in the prescribed manner, ASK4 shall have no liability to pay Service Credits.
5.4 ASK4's total liability under these provisions relating to Service Credits shall be limited to 25% of the Recurring Fee payable in the year of the Term in which the Service Failure occurred.
5.5 Any compensation for failures in respect of Additional User Service shall solely be paid by ASK4 to the User pursuant to the User Agreement.
5.6 Where the Inclusive Resident Service includes a Wireless Connection, the Recurring Fee will for the purposes of Service Credits be deemed allocated as to 20% to the Wireless Connection and 80% to the Wired Connection.
Annex 1: Service Levels
Part 1 — Applicable to All Services: Site Connection Availability
| Element | Detail |
|---|---|
| Target Standard | As Service Level Guarantee Standard. |
| Guarantee Standard | ASK4's Monitoring Server is able to successfully ICMP Ping the Site Gateway 99.5% of the time in each Availability Period. |
| Service Measurement | Tested periodically; results recorded on ASK4's Monitoring Server. |
| Availability Period | Consecutive 12 month periods from the Installation Date. |
| Service Credit | Ten times the Pro-rata Unit Amount for the affected User Internet Services for the length of time the affected services are unavailable below the Guarantee Standard. |
Part 2 — Applicable to Relevant Services: Inclusive Service Speed over a Wired Connection
| Element | Detail |
|---|---|
| Target Standard | Hourly Average Wired Connection Speed shall be at least 75% of the Speed on the Commercial Terms Sheet for 90% of the Measurement Period. |
| Guarantee Standard | Hourly Average Wired Connection Speed shall be at least 50% of the Speed on the Commercial Terms Sheet for 90% of the Measurement Period. |
| Service Measurement | A test account on the Site Gateway downloads a file from the ASK4 Monitoring Server via TCP over IP every 5 minutes. The mean average Speed per hour is the "Hourly Average Wired Connection Speed". |
| Availability / Measurement Period | Calendar month periods from the date of the Ready for Use Certificate. |
| Service Credit | Pro-rata Service Fee for the User's Wired Connection for the number of hours the Hourly Average Wired Connection Speed was below the Guarantee Standard. |
Part 3 — Service Support
| Service Event | Service Level Guarantee Standard | Service Credit |
|---|---|---|
| Total loss of Internet access — fault in ASK4's Core Network |
| Pro-rata Unit Amount for affected User Internet Services for the duration outside the response time. |
| Total loss of Internet access — fault other than ASK4's Core Network |
| Pro-rata Unit Amount for affected User Internet Services for the duration outside the response time. |
| Total loss of a Wireless Connection |
| Pro-rata Unit Amount for affected User Wireless Connection for the duration outside the response time. |
| Total loss of Internet access — single User (after successful initial connection) |
| Pro-rata Unit Amount for affected User Internet Services for the duration outside the response time. |
| User WiFi Degradation |
| Pro-rata Unit Amount for affected User Wireless Connection for the duration outside the response time. |
Part 4 — Support Response Times
| When Applicable | Response Time |
|---|---|
| Telephone (Normal Working Hours) |
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| Email (Normal Working Hours) |
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