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Private Circuits Service Specific Terms and Conditions

C&W Private Circuit Product Description

Private Circuits (also referred to as 'Leased Lines' or 'Private Wires') are permanently connected, point-to-point communication links dedicated exclusively to a particular Customer (or pair of Customers).  They offer instant or constant access between specified Customer locations and are categorised as Local (Guernsey and the Bailiwick), National (Jersey and the UK) and International.  C&W can provide a complete Private Circuit within Guernsey and the Bailiwick.  For National and International Private Circuits C&W provides the Guernsey portion of the circuit, allowing Customers to select the remote provider of their choice.  C&W has interconnect agreements with Cable & Wireless, Jersey Telecom and BT.

C&W provides a range of analogue and digital Private Circuits capable of carrying voice or data traffic. Private Circuits are based upon international standards and C&W's resilient Synchronous Digital Hierarchy (SDH) core network to ensure a high level of performance and reliability. Private Circuits are available with different speeds and interfaces so that Customers can easily match their business application to the service.

SECTION 1 – Service Specific Terms and Conditions

These C&W Service Specific Terms and Conditions should be read in conjunction with the C&W General Terms and Conditions and the Order Form. Where there is conflict these Service Specific Terms and Conditions supersede the General Terms and Conditions and the Order Form supersedes these Service Specific terms and Conditions.

1. Definition and Interpretation

In these terms and conditions, in addition to those defined terms set out in the C&W General Terms and Conditions, the following terms shall have the following meaning:

"Customer Premises Equipment" means Telecommunications Apparatus (including any extension wiring and sockets) located at Your Premises and connected to a Telecommunications Network at a Network Termination Point.

"Network Termination Point" means any physical point of connection forming part of a Telecommunications Network at which another Telecommunications Network or Customer Premises Equipment may be connected.

"Telecommunications Equipment" has the same meaning as in section 31 of The Telecommunications (Bailiwick of Guernsey) Law, 2001.

2. Provision of Service

2.1 Should cabling form part of the Service then this is provided on the basis of surface mounted wiring in a standard environment.

3. Telecommunications Equipment

3.1 You are responsible for any Telecommunications Equipment that We provide at Your Premises and for its safe and proper use.  You must not interfere with it nor let anybody else do so, unless authorised by Us.  If any part of Our Telecommunications Equipment is lost, destroyed or damaged, apart from fair wear and tear, You will be charged for its repair or replacement.

4.  Charges

4.1  The charges payable by You for Services already in service on 1 March 2009 will be the charge as detailed in Our Price List at that date. Such charge will apply until the Service is terminated.

5.1 Rental for the Service will start on the Service Delivery Date, unless We notify You of a later date for the start of Service when rental will be payable from.

5.2 Rental is normally payable in advance but We may bill You in arrears.  Except for temporary Service, You must pay rental in accordance with Our billing cycle.  We will apportion rental on a daily basis for incomplete billing periods.

5.3 We reserve the right to charge interest and/or a late payment fee on any outstanding balances, in accordance with paragrapgh 12.3 of the C&W General Terms and Conditions.

6. Deposits and Payments in Advance

We may ask for payment in advance, which does not exceed the connection charge and rental for the term of Service requested, prior to providing the Service.

7. Termination

7.1 We may terminate this Agreement by giving You at least three months notice. If We give You notice then You must pay rental and any other applicable charges up to the expiry of the notice period. We will credit or refund the appropriate proportion of any rental paid in advance for the period after Your liability for rental ceases.  If You have been suspended from Service due to non-payment of accounts We may terminate the Service after one month should payment still be outstanding.

7.2 You may by giving notice to Us at least 30 calendar days before the expiry date of the initial term of Service, terminate this Agreement on the expiry date. If You terminate this Agreement during the initial term of Service You shall be liable for any outstanding charges at the rate You have been paying for the Service. After the initial term of Service You may terminate this Agreement by giving Us at least 30 calendar days notice at any time. In the event that the Service is partially or wholly provided by a third party, the notice period required by Us from You for the whole Service will be the longer of 30 calendar days or the third party's required notice period. Outstanding rental charges shall not be payable if:

7.2.1 The Service is replaced with another Service from Us that We deem to be comparable; or

7.2.2 We materially change the rental charge or terms and conditions of this Agreement to Your detriment.

7.3 Your notice does not avoid any other liability for Service already provided.

7.4 If You terminate the Service and order a similar Service to the same Premises but to be terminated at a different point within the building, this will constitute an internal shift and will be charged as such.

8. Accommodation, Power and Lightning Protection

8.1  In order to provide Service We will have to place Telecommunications Equipment on Your Premises.  You must provide a suitable location and environment for Our Telecommunications Equipment.  You must prepare Your Premises before Service is provided according to any instructions that We may give You.  We will take reasonable care when carrying out work on Your Premises but You will be responsible for any necessary re-decoration and for putting items back once We have completed the work.

8.2   You must supply at Your own expense, a suitable mains electricity supply and connection points, where We need them, if they are required for Our Telecommunications Equipment.

8.3  If You require You must provide at Your own expense, suitable lightning protection equipment for use with any Customer Premises Equipment associated with the Service.

9. Customer Premises Equipment

9.1 You must only connect Customer Premises Equipment to Our Service at Our designated Network Termination Point.

9.2 Your Customer Premises Equipment must only be used with Our Service as directed under The Telecommunications (Bailiwick of Guernsey) Law, 2001 and in a way that meets all relevant standards and instructions applicable to You. If Your Customer Premises Equipment does not comply with the above then You must disconnect it immediately or allow Us to do so at Your expense.

9.3 We will not be responsible or liable for any loss or damage caused as a result of the use of Customer Premises Equipment that does not comply with The Telecommunications (Bailiwick of Guernsey) Law, 2001. 

10. Information and Permissions

10.1 You confirm that in respect of the Service:

10.1.1 We may install and keep the Service and Telecommunications Equipment at the Premises and have reasonable access to it; and

10.1.2 You have obtained all permissions, licences and consents from third parties that are necessary or desirable for the supply of Service until its removal.

11. Access to Premises

You shall let Us or Our representatives enter Your Premises for the purpose of installing, maintaining or removing the Service as long as We show You Our identity badge. We will meet Your reasonable requirements for the safety of people on Your Premises and You shall be responsible for the safety of Our representatives whilst on Your Premises.

12. General Terms and Conditions

You should refer to the C&W General Terms and Conditions for additional clauses under each of the above headings and for the following:

SECTION 2 – Service Level Agreement

1 Introduction

1.1 Definitions

1.2 Scope of the SLA

This SLA covers the terms and conditions upon which C&W will deliver, maintain and repair services for retail Private Circuit products.  Whenever C&W announces improved targets, this SLA will be considered amended accordingly and existing Customers will benefit from these improved targets along with new Customers.

This SLA is applicable as from the date of the "Agreement" and will expire in the event that the "Agreement" expires.

The following Private Circuit products fall under the scope of this SLA:

• Digital Private Circuits, i.e. 64kbit/s, Nx64kbit/s, 2, 45 and 155Mbit/s / Ethernet Private Circuits;
• All analogue circuits

This SLA is not limited to ONLY Private Circuits where both the A-end site and the B-end site are located on the Bailiwick of Guernsey i.e. for the avoidance of doubt the SLA includes the part of National and International Private Circuits that are under the control of C&W.

1.3 Contact Points

For any questions relating to the Private Circuit products, the Customer may

• Consult the C&W website at http://www.surecw.com/
• Contact their C&W Account Manager
• Contact C&W Customer Service
• Fax C&W Business Sales on 01481 730830
• Email C&W on contact@surecw.com

1.4 C&W Obligations

1.4.1 Basic Obligations - The Basic Obligations comprise C&W's commitments as set out in this SLA (i.e. the sections in the SLA entitled "C&W's Obligations"). In the case of a dispute, the Customer agrees that the records available in C&W's operational records will be used as evidence of C&W's performance and compliance with its obligations. However if the Customer holds reliable and auditable data this will also be taken into account.

1.4.2 C&W's Liability - The Basic Obligations defined in this SLA are additional to C&W's responsibilities as set out in the C&W General Terms and Conditions and the C&W Private Circuit Service Specific Terms and Conditions.  However, C&W's liability under this SLA, including but not limited to paragraph 5 below, shall be limited in accordance with Clause 31 of the C&W General Terms and Conditions, which shall apply here accordingly.

1.5 Customer's Obligations

1.5.1 Site Access - The Customer is responsible for facilitating the access to his Premises by the C&W technicians for the provisioning, repair or maintenance operations. If required, the Customer is responsible for the facilitation of access by any third parties that own or control the Premises.

1.5.2 Co-operation with Third Parties - If the Customer's network is wholly or partly managed by a third party (e.g. sub-contractors), the Customer is responsible for the collaboration of this third party with C&W.

1.5.3 Integrity of Equipment - The Customer is responsible for the integrity of the equipment installed by C&W at the Customer's Premises as defined in the C&W Private Circuits Service Specific Terms and Conditions.

1.6 Force Majeure

No failure or omission by either Party to carry out or to perform any of the Obligations or comply with any of the Terms and Conditions shall give the other Party a claim against such party, or be deemed in breach of this Agreement, if and to the extent that, such failure or omission arises from Force Majeure as hereinafter defined in this SLA.

The Party who fails to perform any of the Obligations or fails to comply with the Terms or Conditions due to Force Majeure reasons shall promptly notify the other Party of the reason for the failure and the anticipated duration thereof and shall use its reasonable endeavours to remove the effect of the Force Majeure and shall resume performance of this SLA as soon as possible.

2 Service Delivery

This section is applicable to the provisioning of a new Private Circuit, and the upgrading or the moving of an existing Private Circuit.

2.1 Definitions related to the Service Delivery of a Private Circuit

2.1.1 Infrastructure required for installation

Where

• the Customer's Premises is already equipped with the cabling and equipment required for installing the service (e.g. external cable, internal cable, power supply) up to the telecommunications room where this service will be delivered, and
• the infrastructure that is required in the Public Land (e.g. ducts, fibre, etc) is already in place, and
• no site survey is needed then

the installation of the Private Circuit will take place in accordance with the Guaranteed Provisioning Interval in section 2.3.2 of this SLA.

2.1.2 Additional works required in the Private Domain

When the infrastructure required is not already in place in the Private Domain, additional works (e.g. external cabling, internal cabling) may be required in order to install the necessary equipment or deliver the ordered service. In this case, a site survey must be carried out, in order to evaluate the works to be done at the Customer's Premises. The following procedure is then applicable:

1. C&W will contact the Customer and make an appointment for the site survey;
2. C&W will carry out the site survey and establish the amount of work to be carried out in order to deliver the service as ordered by the Customer;
3. In the case where the work on the Private Domain will be carried out by the Customer, the Customer is requested to indicate the date on which the Customer's Premises will be ready for C&W to commence work on the installation of the service.
4. Once the timings needed to carry out the work has been estimated by C&W and the "ready for C&W date" has been communicated to C&W, C&W will provide a final Service Delivery Date to the Customer.

Where one of the end sites is already connected to C&W's network, the installation of the Private Circuit can only be initiated if the remaining capacity in the network equipment is sufficient. If additional capacity is required then the standard service delivery times will only commence once the additional capacity has been built to supply this Private Circuit Order. Thus the guaranteed provisioning intervals specified in this SLA will apply from the moment that the works are concluded.

2.1.3 Additional works on Public Land

When the infrastructure required on Public Land is not already in place, some work may be needed in order to install the necessary infrastructure (e.g. ducts, cables etc).  Most of this type of work requires submission to the local authorities for authorisation, in which case the time delay for the installation of the service will depend on the timings given by the local authority for the carrying out of the work, although all applications will be submitted to the relevant authorities without delay.

Nevertheless, once the works required on Public Land is completed, C&W guarantees that the time delay for the provisioning of the Private Circuit will not exceed the one defined in this SLA i.e. the guaranteed provisioning intervals will apply from the point that the works are concluded.

2.2 Provisioning Procedure

2.2.1 Initiating the provisioning procedure

Completing the Order Form

The Customer has to order the Private Circuit (new Private Circuit, an upgrade to an existing Private Circuit or a move) using the standard Order Form for Private Circuit products, which is available from C&W.  The Order Form will include the following fields:

• C&W product name
• Private Circuit speed and bandwidth
• Customer name and address
• A-end address, floor/room number and contact person details
• B-end address, floor/room number and contact person details
• A-end and B-end interface descriptions
• Special Requirements

For both end sites the Customer has to specify the exact location where the service should be delivered and the nature of the works needed in the Private Domain, if  possible.

The charges for the Service and the Initial Term of the Agreement will also be on the Order Form.

The completed and signed Order Form should be returned to C&W by either post or email.

Order Intake

Once the completed and signed Order Form has been received, the order is processed on the IT systems of C&W (or via their manual process) for the provisioning of the service. This operation is normally performed within one working day from the receipt of the order.

C&W cannot guarantee this timing if the Order Form has not been correctly completed. If the Order Form is not fully completed and correct then C&W will contact the Customer to complete the Order Form.

The provisioning clock starts at Order Intake and the guaranteed provisioning intervals in paragraphs 2.3.1 and 2.3.2 commence at this time.

2.2.2 Feedback to the Customer

1. Confirmation of the Order

Once the Order Intake has been completed C&W will inform the Customer of the receipt of the Order and the C&W Circuit Identification number of the Private Circuit (for a new or upgraded Private Circuit) by either e-mail or fax. (First Feedback Time) The maximum time guaranteed for this operation is defined in Section 2.3.1.

After checking line plant availability C&W will provide the Customer with the Service Delivery Date for the Private Circuit (2^nd Feedback Time). The maximum time guaranteed for this operation is defined in Section 2.3.1.

The Service Delivery Date will take into account the CRD requested by the Customer.

C&W will provide Private Circuits in compliance with the Guaranteed Provisioning Intervals in Section 2.3.2, unless in circumstances where the CRD specifies a longer period.

If C&W agrees to provide a Private Circuit to a CRD which falls at an earlier date that provided for in C&W's basic Obligations then this will be on a 'best efforts' basis and no guarantees or compensation will apply.

2. Modification of the Service Delivery Date

The Service Delivery Date guaranteed to the Customer after the Order Intake will normally not be modified.  Nevertheless, if additional activities need to be carried out, C&W will inform the Customer of the status of the order and the reason for any delay.  If possible, the new Service Delivery Date will also be provided at that time.

Cases that can result in a modification of the Service Delivery Date are:

• Where the Customer cannot agree on the date for the site survey(s)
• Where work is required either on the Customer's Premises or on Public Land for which C&W requires authorisation from a third party.

2.2.3 Installation of the Private Circuit

When no work is required in the public or Private Domain C&W guarantees the planned Service Delivery Date for the Private Circuit given in section 2.3.2, except where the Customer requires an installation date that is later.

2.2.4 Closing of the Order

At the closing of the Order, C&W will inform the Customer, either by fax or e-mail, that the Private Circuit is in service and that billing for the service will commence immediately.

2.3 C&W Obligations

All the following guarantees are applicable for the provisioning of a new Private Circuit, an upgrade of a Private Circuit, the move of a Private Circuit and the early cancellation or cease of a Private Circuit.

2.3.1 Guaranteed Feedback

Table 1 Guaranteed Feedback Times

Note that the time is given from the receipt of the completed and correct Order Form.  Additional feedback will be given if the initial planning has to be reviewed.

At the First Feedback Time, C&W will provide to the Customer all necessary information to enable the Customer to prepare access, space and facilities in accordance with C&W's requirements.  The Service Delivery Date may be confirmed at the First Feedback Time, otherwise it will be confirmed at the Second Feedback Time.

2.3.2 Guaranteed Provisioning Interval

When the infrastructure is in place at both Customer sites, C&W guarantees that the overall Provisioning Interval for the Private Circuits will not exceed the values given in the table hereunder except at the Customer's request or in the case of a mutually agreed project plan.

Table 2 Guaranteed Provisioning Interval

2.3.3 Cancellation

C&W may cancel the order if it is unable to supply service for matters beyond our reasonable control.

2.4 Customer's Obligations

2.4.1 Sending of a correct and complete Order Form

The Customer is responsible for providing the information defined in the Order Form to C&W.  In particular this includes:

• The location where the service should be delivered for both end sites
• The type of Private Circuits that is to be delivered

2.4.2 Making necessary space available

The Customer undertakes to make space available for C&W at the Customer's Premises at the point where the Private Circuit is to be connected and or terminated to enable C&W to install the equipment and the entire infrastructure necessary for the implementation of a Private Circuit.  If necessary the Customer shall obtain the consent of the owner of the Private Domain.

2.4.3 Making electrical and physical environments available

Electrical Environment

In the event that C&W equipment is installed directly in the Customer's Premises, the Customer must guarantee access to a power source that complies with the C&W requirements and allows the equipment that is necessary for the connection to function properly.

Physical Environment

In the event that C&W equipment is installed directly in the Customer's Premises, the Customer must guarantee that the physical environment complies with the C&W requirements for EMC environment, temperature, relative humidity, ventilation system and safety regulations.

2.4.4 Cancellation

Prior to a Private Circuit being provided, the Customer may cancel the order although they may be charged for any abortive work undertaken or expenses incurred.

3 Repair Services

3.1 Definitions related to the repair of the Private Circuit

3.2 Nature of the Fault and Stop-Clocks

3.2.1 Nature of the Fault

When reporting a problem, it is essential that the Customer clearly identifies the nature of the problem, i.e. to distinguish problems with impact on the traffic and problems without impact on the traffic.

Faults will be classified as in the table below.

The reporting of a Fault that is Non-Service Affecting is initiated in the same way as a Fault that is Service Affecting.

3.2.2 Stop-Clock Rules

There are three situations in which C&W can correctly stop the repair clock:

1.         All possibilities of remote testing have been executed and the co-operation of the Customer is not forthcoming to carry out testing on the Customer's site;

2.         The Customer proposes to delay the repair;

3.         Where monitoring is used in the following cases-

a.  At the opening of a Trouble Ticket C&W cannot identify any Faults on the Private Circuit (no alarms, no error bits, no clock-problems, correct signal-level, etc.) and the Customer does not want C&W to close the Private Circuit for testing purposes.  C&W may then propose longer term monitoring of the Private Circuit to ascertain any problems that there may be and during this time the repair clock may stopped.

b. When the Private Circuit was repaired and the Customer agrees that the Private Circuit is back in service, but does not agree to close the Fault whilst the monitoring takes place to fully check the status and stability of the Private Circuit.

In these instances the time for monitoring should not be included in any times measured for SLAs.

In the cases of Stop-Clock, the Stop-Clock will be fully documented on the C&W system including:

• Reason for the Stop-Clock action;
• Action to be undertaken;
• Timings; and
• Name of the contact-person at the Customer who agreed the Stop-Clock.

3.3 Repair Process

3.3.1 Initiating the repair operations

When a Fault is reported via a telephone call from the Customer, the following information must be given to C&W:

• The C&W Circuit Identification Number of the Private Circuit;
• Nature of the problem;
• Description of the problem;
• Contact point for follow-up; and
• Contact point at the Customer site.

For each Fault, a Trouble Ticket will be generated and the Trouble Ticket number will be communicated by C&W to the Customer. The Trouble Ticket number will be used by both Parties during any contacts concerning the Fault.

In the event that C&W is the A End the following procedure and target times will apply. Where C&W is the B End we will report the Fault to the A End on behalf of the Customer (or the Customer may report the Fault directly to the A End operator). The A End operator will carry out tests. In the event that they show that the Fault is not at the A End, they will hand the Fault back to C&W and the procedure below will be followed.

3.3.2 Feedback to the Customer

In agreement with the Customer, C&W will regularly inform the Customer by telephone about the progress of the Fault by providing such information as:

• Initial diagnosis
• Estimated time to repair the fault
• Impact of the Fault and/or the repair on the Customers service
• Any on-site intervention required

C&W guarantees that the first intervention performed, either via a remote repair operation or via a repair operation at the Customer’s Premises, will be initiated within 2 hours after the Customer reporting a Fault and the Trouble Ticket being opened.

The first Customer update will be given at a set time after the creation of the Trouble Ticket and any additional information will be given as detailed in 3.4.1 in the case of Faults that impact on the Customer’s traffic.  The measured time begins when the Trouble Ticket is recorded in C&W’s systems.

3.3.3 Closure of the Trouble Ticket

The closing of a Trouble Ticket will be done with the agreement of the Customer.  C&W shall transmit to the Customer the following information via telephone:

• Trouble Ticket number;
• C&W Circuit Identification Number;
• Time at which Private Circuit was returned to service;
• Cause of the trouble; and
• Party responsible for the trouble.

If the Customer requests additional delay for his own testing of the repaired Private Circuit a Stop-Clock will be implemented.  In the case that the Customer does not accept the closing of a Fault C&W will carry out additional investigations in the first instance.

3.4 C&W Obligations

3.4.1 Guaranteed Feedback

Table 3 Feedback to the Customer in the case of Service Affecting Faults

Within the maximum intervention time C&W will notify the Customer that C&W is aware of the Fault and are taking appropriate steps to rectify the situation.  At the Second Information Time an engineer will give a view as to what action needs to be taken.  At this time C&W will agree with the Customer additional information times.

3.4.2 Target Time to Repair

Service Affecting Faults (both Critical and Major)

Table 4 Target Time to Repair in the case of Service Affecting Faults

In the case of a Major Service Affecting Fault the time will start from when the Customer is willing to release the Private Circuit for testing.

Non Service Affecting Faults

Table 5 Target Time to Repair in the case of Non Service Affecting Fault

All the above timings are given as from Trouble Intake. The Target Time to Repair is not applicable in the case of Force Majeure.

3.5 Customer's Obligations

3.5.1 Contact Point

The Customer is responsible for guaranteeing the availability of a contact.  If C&W cannot inform the Customer of the progress of the Repair process the Target Time to Repair and Feedback delays cannot be ensured and compensation will not apply.

3.5.2 Site Access

If possible, the Customer should communicate to C&W their Site Access procedure when reporting a Fault.  If the Customer is unable to inform C&W of the Site Access procedure at the time of the initial Fault report it then becomes the responsibility of the Customer's Contact Point to inform C&W as to the Site Access procedures as and when required.  If these procedures are not respected, the Target Time to Repair will no longer be taken into account.  The Customer also guarantees the support of the required staff during the Repair process.

3.5.3 Quality of Service degradation

In the case of the degradation of the quality of service (i.e. error bits, clock-problems, incorrect signal-level, etc.) of a Private Circuit, the Customer will allow C&W to cut the Private Circuit to perform measurements as required.  All measurements by C&W should be performed outside of working hours unless agreed otherwise by the Customer.  If the Customer does not agree to C&W cutting the Private Circuit, the Trouble Ticket will be considered as being in Stop-Clock mode by C&W since no repair operations are possible.

4 Maintenance

4.1 Definitions related to the maintenance of Private Circuits

The unavailability of a Private Circuit is defined as the percentage of time during which the Private Circuit cannot be used due to a C&W Fault during a year. The unavailability is based on the measure of the Net Repair Time associated with each Service Affecting Trouble Ticket generated during the year.

The availability of a Private Circuit is defined as:

Availability of Private Circuit = 100% - ((time unavailable during the year / total time in year) x 100)

4.2 C&W obligation

Table 6 Minimum availability (yearly basis)

The availability of the service is guaranteed on a yearly basis.

5 Compensation

Our Private Circuits offer high performance with the following delivery, availability and repair times backed by a compensation guarantee.  For the avoidance of doubt compensation applies to the portion of the Private Circuit that is provided over the network owned by Cable and Wireless Guernsey Limited or/and Cable & Wireless Jersey Limited.

5.1 Provisioning

In the case where the Service Delivery Date is not met due to a cause which is not external to C&W the Customer is entitled to compensation as described in the table below. The monthly fee is the fee relating to the Private Circuit service provided:

Table 7 Compensation for Provisioning

Where We do not meet the service provisioning target due to failures that are external to Our network, then any claim for compensation You make will be passed on by Us to the supplying telecommunications operator. Payment received by Us from the supplying telecommunications operator under their terms and conditions will be passed on to You.

5.2 Repair

In the case where the target Repair Time is not met for Service Affecting Faults and the cause is due to C&W then the Customer is entitled to compensation as described in the table below.  Faults that are due to the Customer or a Third Party are not taken into account in the compensation regime.  The monthly fee relates to the Private Circuit service affected by the Fault.  The Repair Times applicable is the Net Repair Time, i.e. after exclusion of Stop-Clock times.

Table 8 Compensation for Service Affecting Repair – Analogue Private Circuits & Digital Private Circuits

Where We do not meet the target Repair Time due to failures that are external to Our network, then any claim for compensation You make will be passed on by Us to the supplying telecommunications operator. Payment received by Us from the supplying telecommunications operator under their terms and conditions will be passed on to You.

5.3 Availability

In the case where the guaranteed minimum annual availability of the Private Circuit is not met due to causes which are not external to C&W then the Customer is entitled to compensation as described in the table below.   The definition of the availability was given is section 4.1 of this document.

Table 9 Compensation for guaranteed minimum availability (annually based)

The period for the availability measurement of the Private Circuit is:

• Start date of measurement period (dd/mm/yyyy) + 365 calendar days or 366 calendar days for leap years (= end date of the measurement period).  It is necessary for the Private Circuit to be in service at the end date of the measurement period.

The yearly value fee of the Private Circuit is calculated as follows:

• Monthly fee of the Private Circuit applied during the last month of the availability measurement period x 12.

Where We do not meet the availability target due to failures that are external to Our network, then any claim for compensation You make will be passed on by Us to the supplying telecommunications operator. Payment received by Us from the supplying telecommunications operator under their terms and conditions will be passed on to You.

5.4 Compensation Claim

If the guaranteed Provisioning or Target Time to Repair has not been respected due to a C&W fault, the Customer is invited to submit in writing a request for reimbursement within 3 months starting at the closing of the technical intervention.  In this request the Customer needs to specify the following information:

If the guaranteed minimum annual availability of the Private Circuit has not been met the Customer is invited to submit a written request within a period of three months starting from the month closing the availability measurement period.  In this request, the Customer has to specify the following information:

• C&W Circuit Identification Number of the Private Circuit
• Start date of the measurement period in dd/mm/yyyy
• End date of the measurement period in dd/mm/yyyy
• Yearly availability in % as measured by the Customer

The start date of the measurement period cannot be before the introduction date of this SLA.

Any requests for compensation payments must be sent to C&W at the following address:

Contact:                  Complaints Officer

Address:  Customer Complaints, Cable & Wireless Guernsey, PO Box 3, Upland Road, St Peter Port, Guernsey, GY1 3AB

Fax:                          01481 730830

Email: contact@surecw.com

C&W will confirm to the Customer if his request has been accepted within a maximum delay of 5 working days starting from the receipt of the request made via post, fax or email.

5.4.1 Compensation Payment

Once the compensation claim has been accepted, C&W will reimburse the Customer according to the compensation scheme as described in this SLA. This payment will be performed through a credit note on the next invoice.

5.5 Dispute Resolution

All disputes related to the interpretation or application of this SLA shall come under the exclusive jurisdiction of Guernsey Law. The provisions of the SLA are subject to Guernsey Law.

Issue 6 -  February 2010

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