Frame relay service specific terms and conditions

This document describes the service, contract duration, charging and billing arrangements, and explains how provision and performance of the Frame Relay Service will be measured. It also gives details of rebates which may be payable if the provision of the Frame Relay Service fails to meet the standards set out in these Service Specific Terms and Conditions. These C&W Service Specific Terms and Conditions form part of the Agreement under which C&W provides the Frame Relay Service. The Frame Relay Service includes access via Local Leased Circuits. The Local Leased Circuits in Guernsey will be provided to the Customer under the C&W Leased Circuit Service Specific Terms and Conditions and SLA.
These C&W Service Specific Terms and Conditions should be read in conjunction with the C&W General Terms and Conditions. Where there is a conflict these Service Specific Terms and Conditions supersede the C&W Leased Circuit Service Specific Terms and Conditions and both shall, where appropriate, supersede the General Terms and Conditions.
1.SERVICE DEFINITION
1.1 The Frame Relay Service is a managed, wide area network (WAN) service offering connectivity to over 80 countries worldwide. It is designed to cope with typical traffic flows between local area networks (LANs), when bursts of bandwidth hungry applications are intermixed with periods of low volumes.
1.2 The Frame Relay Service includes access via Local Leased Circuits from 56k/64k to 45Mbps depending on location. Traffic across the C&W Frame Network is carried in permanent virtual connections (PVCs), which are analogous to logical private circuits. Several PVCs may be carried on a single access bearer.
1.3 Each PVC has two defined data rates, the committed information rate (CIR) and the extended information rate (EIR).  The CIR is the rate at which C&W agree to transfer a sustained throughput, and the total of all the CIRs can be up to 75% of the total capacity available on the Local Leased Circuit. The EIR is the amount of data, above the CIR, which will be delivered if bandwidth is available in the network.  The maximum single PVC CIR on a 45 mn/sec Local Leased Circuit in Guernsey is 20 mb/sec.  The data rate availabilities on 45 mb/sec Local Leased Circuits may vary in other locations.
1.4 The Frame Relay Service conforms to all current and relevant Frame Relay Forum, ANSI and International Telecommunications Union standards.
2. DEFINITION OF TERMS
"Access Facilities" are local facilities connecting the Service Demarcation Point at a Customer Site to the C&W Frame Network including but not limited to the Local Leased Circuit.
"Agreement" is the contract between C&W and the Customer for the provision of the Frame Relay Service which shall include the C&W General Terms and Conditions, and these Service Specific Terms and Conditions.
"Authorisation Form" means the form to be completed and signed by the Customer to place an order under this Agreement.
"Cable & Wireless" or "C&W" means Cable and Wireless Guernsey Limited.
"C&W Frame Network" means the Telecommunication Network used by C&W and/or the C&W Frame Partners to provide the Frame Relay Service to the Customer.
"C&W Frame Partner"means any third party with whom C&W has contracted either directly or indirectly (through for example Cable and Wireless Global Limited) to provide the
Frame Relay Service or any element thereof to the Customer.
"C&W CLE" means C&W CLE Hardware and C&W CLE Software.
"C&W CLE Hardware" is hardware supplied to the Customer and installed by C&W at a Customer Site.
"C&W CLE Software" is software supplied and installed by C&W in, or downloaded to, C&W CLE Hardware. C&W or its suppliers/licensors retain ownership of, and all other rights to, C&W CLE Software.
"Charges" means the Monthly Recurring Charge and the Non-Recurring Charge.
"CLE" means Customer located equipment which term shall be taken to mean Telecommunications Apparatus (including any Network Terminating Equipment, extension wiring and sockets) located at a Customer Site and connected to a Telecommunications Network at a Service Demarcation Point.
"Customer" is the entity ordering the Frame Relay Service and to whom C&W provides the Frame Relay Service under this Agreement.
"Customer Equipment" is hardware and/or software not necessarily supplied by C&W which is used by the Customer in conjunction with the Frame Relay Service.
"Customer Site" is the Customer's location at or to which C&W provides the Frame Relay Service.
"Environment" means the location at which the Customer or C&W needs to locate Telecommunications Apparatus and/or Telecommunications Equipment in order to provide the Frame Relay Service and the suitability of that Environment for the siting of such apparatus or equipment shall cover the accommodation available, accessibility of internal cabling, power, lighting, and protection that is available for such apparatus and/or equipment.
"Excluded Outage Time" has the meaning given to it in clause 5.5.
"Frame Relay Service" is the frame relay service provided by C&W under this Agreement and described in Section 1 and which shall for the avoidance of doubt include the provision of the Local Leased Circuits where required.
"Hard Configuration Change"is a change to the Frame Relay Service that requires a physical intervention to affect the reconfiguration of the Frame Relay Service and shall include, without limitation, one or more of the following(a) adding one or more Customer Sites;(b) transfer of provision of the Frame Relay Service from one Customer Site to another; (c) migrating between physical service access options (i.e. Port speed or physical Port type); or (d) removing a Customer Site."Initial Term"for any particular Customer Site will begin on the Service Commencement Date for that Customer Site, and will continue for the period shown on the Authorisation Form. It includes any Subsequent Initial Terms.
"Local Leased Circuit" means the local leased circuit connecting a point of presence of the C&W Frame Relay Network to a Customer Site which may form all or part of the Access Facilities.
"Monthly Local Leased Circuit Charge" means the Charge for that element of the Monthly Recurring Charges that applies to the Local Leased Circuit and such Charge shall be provided to the Customer by C&W prior to or as a result of the PSF.
"Monthly PVC Charge" means the Charge for that element of the Monthly Recurring Charges that applies to a specific PVC and which is available upon application to C&W.
"Month" is a calendar month.
"Monthly Port Rental Charge" or "MPRC" means the Charge for that element of the Monthly Recurring Charges that applies to a specific Port and which is available upon application to C&W.
"Monthly Recurring Charges" or "MRC" means the monthly rental payable by the Customer for the Frame Relay Service and that includes the Monthly Portal Rental Charge, the Monthly PVC Charge, and the Monthly Local Leased Circuit Charge.
"Non-Recurring Charges" means the One-Off Port Charges, the One-Off PVC Reconfiguration Charges and the One-Off Local Leased Circuit Charges.
"Network Terminating Equipment" is hardware and software used to terminate C&W-provided Access Facilities.
"Normal Operating Conditions" are the conditions that exist when the C&W network is operating free of congestion such that no traffic has been re-routed to an alternative path and a failure condition that would affect Customer traffic does not exist.
"Order Acceptance"means when C&W accepts an order."OLO"means a telecommunications operator to whom an individual licence has been granted or who is authorized by a class licence to establish, operate or maintain a Telecommunications Network of a class or description specified in such licence in the relevant jurisdiction.
"One-Off Local Leased Circuit Charge" means the Charges payable by the Customer to C&W for the installation of the Local Leased Circuit and the reconfiguration of that Local Leased Circuit (as applicable) that are available upon application to C&W.
"One-Off Port Charges"means the Charges payable by the Customer to C&W for the installation of the Port and the reconfiguration of that Port (as applicable) that are available upon application to C&W."One-Off PVC Charge" means the Charges payable by the Customer to C&W for the addition of a PVC between existing C&W connected Customer Sites or reconfiguration of existing C&W provided PVCs and which are available upon application to C&W.
"Order Rejection" means the rejection and return to the Customer of an order by C&W because, for example, the order is incorrect or incomplete.
"Party" means a party to this Agreement.
"Planned Outage" means a temporary Service interruption necessary for C&W to carry out essential maintenance or network upgrades.
"Port" means the connection interface between the Access Facility and the C&W Frame Network.
"Pre-sales Feasibility" or "PSF" is the process conducted by C&W for confirming whether a site connection can be provided to the Customers' stated requirements and/or confirming Local Leased Circuit Charges.
"PVC" means permanent virtual connection.
"Scheduled Delivery Date" or "SDD" is the date by which C&W agrees to deliver the Frame Relay Service to a particular Customer Site and/or implement a Hard or Soft Configuration Change, after accepting the Customers order.
"Service Availability Levels" mean the levels of availability that C&W will commit to providing the Customer and as further detailed in clause 5.2 of these Service Specific Terms and Conditions.
"Service Availability Table" or "SAT" means the Cable & Wireless database document that contains all the standard Frame Relay international locations and Service configurations available at those locations.
"Service Commencement Date" means, for any particular Customer Site, the date when the Frame Relay Service is first ready for use at that Customer Site.
"Service Demarcation Point" is the point of interconnection between Customer Equipment and Network Terminating Equipment (or between Customer Equipment and Access Facilities in the USA for which C&W arranges for the local loops but does not provide any C&W CLE). If C&W does not arrange for Access Facilities or provide any C&W CLE for a particular Customer Site, then the Service Demarcation Point for that Customer Site will be at the boundary of C&Ws Frame Network.
"Service Level Availability Table" or "SLAT" means the Cable & Wireless database document that contains all the standard Frame Relay international locations and Service Levels applicable to those locations.
"Service Provision Rebates" means the rebates that C&W will pay to the Customer in the event that C&W fail to meet the Scheduled Delivery Date and as further detailed in Clause 4.5 of these C&W Service Specific Terms and Conditions.
"Service Unavailability Credit" means a credit which shall be payable by C&W to the Customer in the event that C&W fails to meet the Service Availability Levels and as further detailed in clause 5.4 of these C&W Service Specific Terms and Conditions.
"Soft Configuration Change" means a change to the Frame Relay Service that does not constitute a Hard Configuration Change, but includes one or more of the following:
(a) adding a PVC to an existing Frame Relay Service between Customer Sites;
(b) transfer of PVC(s) from one C&W connected Customer Site to another;
(c) modifying the CIR on a PVC;
(d) removing a PVC; or
(e) modifying the Port speed.
"Subsequent Initial Term" means a new Initial Terms that commences when a new Agreement is made at the end of or after  a previous Initial Term or as a result of a Hard Configuration Change.
"Telecommunications Apparatus" has the same meaning as in section 31 of the Telecommunications (Bailiwick of Guernsey) Law, 2001.
"Telecommunications Equipment" has the same meaning as in section 31 of the Telecommunications (Bailiwick of Guernsey) Law, 2001.
"Termination Date" means the date the termination of this Agreement comes into effect.
3.INTERCONNECTION
3.1 The Frame Relay Service requires interconnection with OLOs for connections outside of the Bailiwick of Guernsey. C&W retains full discretion to contract with any such OLO as C&W may require from time to  time for any elements of the provision and operation of the Frame Relay Service under this Agreement.
3.2 C&W are responsible and liable for all parts of the Frame Relay Service, payment of fees to OLOs and management of such contracted OLO services.
4. PROVISION OF FRAME RELAY SERVICE
4.1 Conditions for Provision of Service
4.1.1 The Customer is required to obtain all permissions, licences and consents required by the Customer from third parties that are necessary or desirable for the supply of the Frame Relay Service until its removal and to make such permissions available for inspection by C&W on request.
4.1.2 The Customer (or the Customers representatives) shall let C&W or C&Ws representatives enter the Customer's Site for the purpose of conducting a site survey, installing, maintaining or removing the Frame Relay Service. C&W will meet the Customer's reasonable requirements for the safety of people on the Customer's Site and the Customer shall be responsible for the safety of C&W representatives whilst on the Customer's Site.
4.1.3 In order to provide the Frame Relay Service, C&W may have to place Telecommunications Equipment on the Customer's Site.
The Customer must provide a suitable location and Environment for C&Ws Telecommunications Equipment. In the event that a Pre-Sales Feasibility (PSF) and/or site survey or if at the time of installation, C&W identifies that the Environment is not suitable, C & W may decline to provide a Frame Relay Service until the Customer has prepared each site to be connected according to any instructions that C&W may give the Customer to ensure that such site is suitable for the installation and maintenance of such equipment as may be necessary for the provision of the Frame Relay Service by C&W.
4.1.4 C&W will take reasonable care when carrying out work on the Customer's Site but the Customer will be responsible for any necessary re-decoration and for putting items back once C&W have completed the work.
4.1.5 If C&W require the Customer to do so, the Customer must provide, at the Customer's own expense, suitable lightning protection and suitable equipment for use with any CLE associated with the Frame Relay Service.
4.2 Ordering the Frame Relay Service
4.2.1 Provision of the Frame Relay Service by C&W to the Customer is subject to PSF unless otherwise stated within the Service Availability Table (SAT). The Customer may obtain the latest version of the SAT from the Customer's C&W account manager.
4.2.2 Where a PSF is required for a specific location, a site survey may also be necessary and such PSF and site survey will be carried out by C&W or a C&W Frame Partner or an OLO in liaison with the Customer and subject to the Customer's reasonable requirements.
4.2.3 Due to the nature of managing international liaison C&W may take up to 6 working days to complete a PSF and/or site survey. In the event that the PSF and/or site survey is likely to exceed a 6 working days response time from the date on which the initial enquiry by the Customer about the Frame Relay Service occurs, C&W will inform the Customer within 3 days of submission of such initial enquiry.
4.2.4 In the event that a PSF and/or site survey identifies inadequate Access Facilities, C & W may decline to provide a Frame Relay Service connection to that site.
4.2.5 If after C&W has completed the PSF, the Customer requires the provision of the Frame Relay Service then all orders for connections to the Frame Relay Service must be placed with C&W using the Authorisation Form.
4.2.6 On receipt of the Authorisation Form, C & W will check all the order for completeness and accuracy, including referring to C&W Frame Partners where appropriate. The nature of managing international orders means Order Acceptance may take up to 10 days from the date that C&W receives the Authorisation Form whilst these checks are undertaken.
4.2.7 At Order Acceptance, C&W will inform the Customer of the Scheduled Delivery Date (SDD).
4.2.8 Order Rejection will delay Order Acceptance by the amount of time it takes to correct or complete the Authorisation Form.
4.2.9 In the event that the Customer wishes to amend an order that has not yet been completed, C&W will make all reasonable efforts to effect the amendment without restarting the order process. C&W reserve the right to restart the PSF and order process if at C&Ws absolute discretion C&W believes the amendment warrants such a restart.
4.3 Subsequent Configuration Changes
 
4.3.1 If the Customer, after the Scheduled  delivery Date for a particular Customer Site, requests either Hard or Soft Configuration Changes for that Customer Site, the terms described in 4.2 apply.4.3.2 C&W will inform the Customer of the Scheduled Delivery Date by which such changes will be implemented on a per-site basis.4.3.3 The availability of the Frame Relay Service may be affected during implementation of Hard and Soft Configuration Changes. C&W will make reasonable efforts to identify and notify Customers of any activities that may be service affecting during the changes and their potential impact. However, C&W accepts no liability for breach of this Agreement and will not be liable for any Service Unavailability Credits which would otherwise become due and payable that occur or arise as a result of the Hard and Soft Configuration Changes that have been requested by the Customer and where such service affecting changes have been notified to the Customer or would have been reasonably expected to have been anticipated by the Customer.
4.4 Cable & Wireless Obligations
4.4.1 Subject to the provisions of this Agreement, C&W will provide the Frame Relay Service to the Customer from the Scheduled Delivery Date for the term of this Agreement.
4.4.2 If C&W fails to meet the Scheduled Delivery Date for a particular Customer Site then, upon request by the Customer, C&W will pay the Service Provision Rebates to the Customer.
4.4.3 All such requests from the Customer for the Service Provision Rebates must be made within thirty (30) calendar days after the end of the Month in which the failure to meet the SDD occurred. If the Service Provision Rebates have not been claimed by the Customer within such time period, then the Customer will be deemed to have waived all its rights in relation to such Service Provision Rebates.
4.4.4 Under no circumstances will C&W be required to pay an amount for Service Provision Rebates under clause 4.4.2 above that is greater than the total of one hundred percent (100%) of the installation element of the One-Off Port Charge for the affected Frame Relay Service at the relevant Customer Site.
4.4.5 In some locations outside the Bailiwick of Guernsey, the Monthly Local Leased Circuit Charge, One-Off Local Leased Circuit Charge, Monthly Port Rental Charge and the One-Off Port Charge may be bundled (for the avoidance of doubt this bundling is outside the control of C&W).Where such charges are bundled in this way, the Service Provision Rebate will apply to 50% of the combination of the Monthly Local Leased Circuit Charge and the One-Off Port Charge.
4.4.6 C&W will not pay any Service Provision Rebates in the event that C&W fails to meet the Scheduled Delivery Date if such failure is caused by:
4.4.6.1 the fault or negligence of the Customer;
4.4.6.2 the Customer failing to comply with the terms and conditions of this Agreement;
4.4.6.3 a Fault in, or any other problem associated with the equipment connected on the Customer's side of the Service Demarcation Point including, but not limited to where the Customer Equipment or application or usage thereof fails to conform to internationally accepted standards including but not limited to ANSI, FRF and ITU-T;
4.4.6.4 any act or omission that occurs due to events that fall within clause 30 (Matters Beyond Reasonable Control) of the C&W General Terms and Conditions;
4.4.6.5 any failure by the Customer to give C&W access to any equipment, site or Premises after a reasonable request by C&W to do so; or
4.4.6.6 any other situation where the Customer causes C&W to fail to meet such Scheduled Delivery Date.
4.5 Rebates
4.5.1 If C&W fails to meet a Scheduled Delivery Date for a particular Customer Site, then the Customer will be entitled to a credit of a percentage of the standard Port Configuration Charge or Service Reconfiguration Charges in respect of that Customer Site (a Service Provision Rebate), calculated as follows:
number of calendar                                % of port configuration or service
days beyond sdd                                       reconfiguration charge
 
              1 - 10                                                           25%
            11 - 20                                                           50%
             21                                                                100%            
 
Table 1: Rebates
4.5.2 For avoidance of doubt, installation charges for local Access Facilities provided by OLOs outside the Bailiwick of Guernsey which fall within the One-Off Local Leased Circuit Charge are not subject to rebate under any circumstances.
5.SERVICE AVAILABILITY
5.1 Introduction
5.1.1 The following provisions of this section will apply only where three (3) or more of the Customer's Sites (whether within or outside the Bailiwick of Guernsey) are connected together via the C&W Frame Network.
5.1.2 The Service Availability Levels set out in this section apply only where dedicated direct connection to the C&W Frame Network is provisioned.
5.2 Target Availability
5.2.1 C&W will use reasonable efforts to make the Frame Relay Service available to the Customer for use 24 hours a day. Subject to clause 5.5 below, Service Availability will be measured as the amount of time that the Frame Relay Service is available to the Customer at the Service Demarcation Point. The Service Availability Level that C&W will commit to offering the Customer will be deemed to be satisfied if the Service Availability for the Frame Relay Service is not less than the given percentage of the time in any complete Month after the applicable Service Commencement Date shown in the SLAT, a copy of which is available from your C&W account manager.
5.2.2 The foregoing availability of the Frame Relay Service will apply only in the countries as defined in the Service Level Availability Table (SLAT). C&W may change the SLAT from time to time without notice.
5.2.3 Subject to clause 5.5 below, the Frame Relay Service at a Customer Site will be deemed to be available when that Customer Site can (a) transmit information to a specified other Customer Site, regardless of whether that other Customer Site is able to receive information, and (b) receive information from that other Customer Site, regardless of whether that other Customer Site is able to transmit information.
5.3 Calculation of Unavailability
5.3.1 The percentage of Service Availability will be calculated and measured as the percentage of time that the Frame Relay Service was available between Service Demarcation Points, calculated as follows:
Where:
P = percentage availability.
A = number of hours in Month.
B = Excluded Outage Time (aggregate time of excluded outages that occur in a Month and as further described in clause 5.5 below).
C = outage time (aggregate time of all Fault outages that occur in a Month).
P = (A-B-C) X 100
        (A-B)
 
5.4 Service Unavailability Credit
5.4.1 If the percentage availability of the Frame Relay Service, calculated in accordance with clause
5.3.1 above, is less than the applicable Service Availability percentage referred to in clause 5.2.1 above, then the Customer will be entitled to a credit of one hundred percent (100%) of the Monthly Port Rental Charge (MRPC), subject to the exception described in clause 5.5.1, which would otherwise have been payable for the Frame Relay Service at the affected Customer Site.
5.4.2 In some locations outside the Bailiwick of Guernsey, the Monthly Local Leased Circuit Charge and the Monthly Port Rental Charge may be bundled (for the avoidance of doubt, this bundling is outside the control of C&W). Where such charges are bundled in this way, the credit will apply to 50% of the combination of the Monthly Local Leased Circuit Charge and the Monthly Port Rental Charge.
5.4.3 Where a Service Commencement Date does not fall on the first day of a Month, the period from the Service Commencement Date until the last day of that Month will not be included in any calculation of Service Availability Level.
5.5 Excluded Outage Time
5.5.1 The Frame Relay Service will not be deemed to be unavailable for the purposes of this Service Schedule or the calculation of Service Unavailability Credits if such unavailability arises from or is otherwise caused by;
5.5.1.1 the Customer requesting C&W to test the Frame Relay Service and no failure in the Service is detected or reported;
5.5.1.2 action by C&W to modify or alter in any way at the Customer's request in accordance with clause 4.3;
5.5.1.3 any Planned Outage;
5.5.1.4 the Customers failure to operate the Frame Relay Service in accordance with the terms of the Agreement;
5.5.1.5 the fault or negligence of the Customer;
5.5.1.6 the Customer's failure to comply with the terms and conditions of this Agreement;
5.5.1.7 a Fault in, or any other problem associated with the equipment connected on the Customer's side of the Service Demarcation Point including where the Customer Equipment or application or usage thereof fails to conform to internationally accepted standards including but not limited to ANSI, FRF and ITUT;
5.5.1.8 any act or omission that occurs due to events that fall within clause 30 (Matters Beyond Reasonable Control) of the C&W General Terms and Conditions;
5.5.1.9 any failure by the Customer to give C&W access to any equipment, site or Premises after a reasonable request by C&W to do so; or
5.5.1.10 any other situation where the Customer causes C&W to fail to meet such Service Availability requirements.
5.5.2 No period of unavailability will count towards the calculation of percentage availability where C&W reasonably determines that no Fault or failure in the Frame Relay Service occurred with respect to such period.
5.5.3 The period when the Service was not available will be measured from the time such condition is reported by the Customer to, and a trouble ticket is opened by C&W, and will end when C&W resolves the trouble ticket and informs the Customer that the Frame Relay Service is available. The Customer will be deemed to have been informed of Service Availability if C&W has unsuccessfully tried to contact the Customer.
5.5.4 In cases where affected Service components are owned by the Customer, and such components are required to be released to C&W prior to the commencement of testing, such release will be required before a trouble ticket can be opened. The point from which the Frame Relay Service is deemed to be not available will not begin until C&W receives such release.
6. ROUND TRIP DELAY
6.1 Description
Round Trip Delay (RTD) is defined as the elapsed time period between the time the last bit of a 128 byte network 'ping' packet departs the originating C&W node and the time the bit returns to the same node under Normal Operating Conditions. These RTD performance levels only cover C&W network node to C&W network node with no local access or router delay and exclude processing times for encryption and any other network based security systems.
6.2 Round Trip Delay Performance
6.2.1 RTD from one C&W network node to network node will not exceed the following specifications, measured on a monthly basis. If a Customer notifies C&W of a RTD between C&W nodes that exceeds the values shown below the Customer will be entitled to request the credit described below.
6.2.2 For the purposes of the following RTD performance tables, locations have been divided into geographic regions. Locations in the USA are split into three separate regions according to time zone - Eastern (E), Central (C), and Pacific & Mountain (PM). All other locations to which the Frame Relay Service is available have been split by regions as specified in the SLAT. (Western Europe (WE), Eastern Europe (EE), Middle East (ME), Far East (FE), Japan (J), Australia East Coast (AUST) - all in milliseconds (ms))
To/ from     usa       usa       usa       we       ee        me         fe         j    
                     - e         - c         - pm    
        
USA E            -               75           120        150        310       260       360       310        
USA C            -               -               75        210        370       320       300       270        
USA PM          -              -                 -         270        430       380       240       230        
WE                 -               -                -           -           110       120       360       410        
EE                  -               -                -           -             -          210       410       410        
ME                 -               -                -           -             -            -          510       560        
FE                  -              -                -           -              -            -           -          110        
Aust            315          260           200         365         -            -         330       280        
6.2.3 If C&W fails to meet the target RTD, the Customer's account for such Frame Relay Service will be credited with ten percent (10%) of the MRC excluding the Monthly Local Leased Circuit Charge for the Frame Relay Service at the Customer Site affected by the RTD.
6.2.4 C&W shall not be liable to pay such credits for failure to meet the target RTD if such failure is caused by:
6.2.4.1 the fault or negligence of the Customer;
6.2.4.2 the Customer failing to comply with the terms and conditions of this Agreement;
6.2.4.3 a Fault in, or any other problem associated with the equipment connected on the Customer's side of the Service Demarcation Point including but not limited to where the Customer Equipment or application or usage thereof fails to conform to internationally accepted standards including but not limited to ANSI, FRF and ITU-T;
6.2.4.4 any act or omission that occurs due to events that fall within clause 30 (Matters Beyond Reasonable Control) of the C&W General Terms and Conditions;
6.2.4.5 any failure by the Customer to give C&W access to any equipment, site or Premises after a reasonable request by C&W to do so; or
6.2.4.6 any other situation where the Customer causes C&W to fail to meet such target RTD.
7. FAULT REPORTING
7.1 Suspected Faults on the Frame Relay Service should be reported to C&W by calling the telephone number that C&W give the Customer for this purpose.
8.CONTRACT TERM AND RENEWALS
8.1 Initial Term
8.1.1 This Agreement will commence on the Service Commencement Date and shall continue for the Initial Term unless terminated earlier under the provisions of this Agreement.
8.1.2  Where a Hard Configuration Change has been ordered by the Customer and provisioned by C&W, a new Initial Term shall commence from the Service Commencement Date for the reconfigured Service and continue for the Initial Term unless terminated earlier under the provisions of this Agreement.
8.1.3 After the Initial Term for a particular Customer Site, this Agreement may be renewed for a further term (a Subsequent Initial Term).  If no Subsequent Initial Term is agreed, this Agreement will automatically continue until terminated under the provisions of this Agreement.
8.2 Termination
8.2.1 If the Customer cancels the Customer's Authorisation Form for the Frame Relay Service for a particular Customer Site before the Scheduled Delivery Date, at C&W's sole discretion a cancellation charge equal to (i) twice (200%) C&W installation Charges applicable to the particular site and specified in the Authorisation for that site and (ii) such Charges as may have been paid or may become payable by C&W will apply and shall become payable by the Customer to C&W.
8.2.2 If the Customer terminates the Frame Relay Service for a particular Customer Site before the end of the Initial Term for that Customer Site a termination Charge equal to the sum of all the Monthly Recurring Charges at that Customer Site (including any C&W CLE and C&W-arranged Access Facilities) multiplied by the number of Months (or portion thereof) remaining in the Initial Term for that Customer Site will apply.  If the Termination Date is after the end of the Initial Term, the standard charges up to the Termination Date will apply.
8.2.3  The customer must give a minimum of 30 days written notice of termination.
8.2.4 In the event that any C&W Frame Partner becomes unable to provide that element of the Frame Relay Service upon which C&W is reliant in order to provide the Frame Relay Service to the Customer, C&W may terminate this Agreement or the Frame Relay Service to the affected site by giving the Customer at least one Months notice. If C&W gives the Customer notice then the Customer must pay rental and any other applicable Charges up to the expiry of the notice period. C&W will credit or refund the appropriate proportion of any amounts paid in advance for the period after the Customers liability for payment ceases.
8.2.5 Either Party may terminate this Agreement by notice to the other Party, such notice to take effect forthwith:
8.2.5.1 if either Party has committed a material breach of this Agreement which is incapable of remedy provided such notice is served within one (1) Month of the date of the breach first coming to the attention of either Party;
8.2.5.2 if either C&Ws Licence is revoked for whatever reason and is not immediately replaced by another Licence authorizing the provision of the telecommunications service or Telecommunications Network or the provision of the Frame Relay Services as appropriate;
8.2.5.3 if either Party has committed a material breach which is capable of remedy but which it fails to remedy within (30) days of having been notified of such a breach.
8.2.5.4 if either Party fails generally to pay its debts when they become due, or is deemed unable to pay its debts under all relevant legislation, or any creditor of such Party becomes entitled to declare any debt due and payable prior to its stated maturity, or any mortgage, charge, licence or other security interest which may for the time being affect any of its assets becomes enforceable;
8.2.5.5 if any meeting is convened for the purpose of considering a resolution, or any petition is presented or any other steps taken, for the purpose of making an administration order against, or for the winding-up or dissolution of, either Party (otherwise than in the course of a reorganisation or restructuring previously approved in writing by the other Party to this Agreement), or any similar action or steps are taken in relation to the other Party in the relevant jurisdiction, and such action or step is not withdrawn within 30 days; or
8.2.5.6 if any third party enjoying security rights over all or a substantial part of the undertaking or assets of the defaulting Party, takes possession of such assets or a substantial part of such undertaking, or any administrator, administrative or other receiver or trustee or similar officer is appointed or any steps are taken to do the same.
9. SUSPENSION
9.1 C&W may suspend the Frame Relay Service immediately and without notice in an emergency in order to provide or safeguard service to a hospital or to the emergency, or other essential, services.
9.2 C&W may suspend the Frame Relay Service giving the Customer as much written or oral notice as reasonably practical and possible for the purpose of repair or emergency maintenance of C&W's Telecommunication Network or a Planned Outage which shall be notified to the Customer as soon as reasonably practical.
9.3 C&W will restore the Frame Relay Service as soon as reasonably possible after the suspension or Planned Outage.
10 CHARGES, BILLING AND PAYMENT
10.1 Charges
10.1.1 The Customer shall pay the Charges to C&W in accordance with this Agreement and as invoiced to the Customer by C&W as set out in clause 10.3 below.
10.1.2 For the avoidance of doubt, the Charges are exclusive of but may be subject to additional local taxes, VAT, indirect sales taxes or other similar taxes which are or may be levied by reference to added value or sales. Where such taxes are payable, these will be passed on to the Customer by C&W and the Customer shall be liable for the payment of such taxes.
10.1.3  The Customer will pay C&W in pounds sterling.
10.2 Additional Charges
10.2.1 There will be an additional Non-Recurring Charge for each Hard Configuration Change or Soft Configuration Change. The Monthly Recurring Charge is adjusted to reflect the tariffs applicable to the new configuration from the Scheduled Delivery Date of the new configuration.
10.2.2 Any technical assistance or support that C&W may provide with respect to any Customer Equipment, including without limitation assistance in connecting it to C&W CLE and support in identifying and/or correcting problems within the Customer Equipment may be subject to C&W standard Charges.
10.3 Billing
10.3.1 C&W will provide the Customer with a monthly or quarterly bill (as requested by the Customer in the Authorisation Form) which shall be payable on demand.
10.4 Revision of Charges
10.4.1 With the exception of the Guernsey Local Leased Circuit Charge (which shall be charged in accordance with variations in the prices for the Local Leased Circuit that will be set out in the Price List), the Charges during the Initial Term are fixed according to tariffs available at the Service Commencement Date. Such Charges shall remain fixed for the Initial Term provided, however, that C&W may revise its Charges if the OLO providing Access Facilities increase their Charges to C&W including for exchange rate variations.
10.4.2  With the exception of the Guernsey Local Leased Circuit Charge (which shall be charged in accordance with variations in the prices for the Local Leased Circuit that will be set out in the Price List), upon the commencement of any Subsequent Initial Term, the Charges shall be amended to reflect the tariffs that are available as at the commencement of any Subsequent Initial Term and such Charges shall remain fixed for each Initial Term provided, however, that C&W may revise its Charges if the OLO providing Access Facilities increase their Charges to C&W including for exchange rate variations.
10.4.3  With the exception of the Guernsey Local Leased Circuit Charge (which shall be charged in accordance with variations in the prices for the Local Leased Circuit that will be set out in the Price List),  where no Subsequent Initial Term is agreed, the prices that apply during the expiring Initial Term will continue to apply until the Agreement is terminated.
11. CLAIM FOR SERVICE CREDIT
11.1 Claim Procedure
11.1.1 If a guaranteed Scheduled Delivery Date, the target RTD or Service Availability Target has not been achieved the Customer is invited to submit in writing a request for reimbursement within thirty (30) calendar days after the end of the Month in which the Fault occurred. In this request the customer needs to specify the following information:
Repair
  • Number of Trouble Ticket
  • Date of the Fault reported to C&W
  • C&W circuit identification number for the affected site
Provisioning
  • C&W circuit identification number for the affected site
  • Planned Service Delivery Date
  • Actual Service Delivery Date
Service Availability
  • C&W circuit identification number of the affected site
  • 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
11.1.2  The start date of the measurement period cannot be before the introduction date of this SLA.
11.1.3 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
11.1.4 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.
11.2 Compensation Payment
11.2.1 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.
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:
Special Provision of Service Use of Service
Fault RepairRelocation and Reconfiguration
Term of ServiceTemporary Service
Interconnection Charges
Default Cancellation
SuspensionCall Monitoring and Recording
Complaints and ArbitrationAssignment
Copyright Duration and Entire Agreement
IndemnityLaw
LiabilityMatters Beyond Reasonable Control
NoticeUse of Information
SeverabilityVariation
Waiver 
Issue 5

November 2004

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