Disaster Recovery Service Specific Terms and Conditions
The Cable & Wireless Guernsey ("C&W") Disaster Recovery
Service supports Your business if You lose telecommunication
services at one of Your sites due to an emergency such as a fire,
flood or terrorist action.
In an emergency situation, C&W arranges for the call
diversion or the redirection of key telecommunications services to
an agreed alternative site within a specified time. The routing
conditions for the redirection are specified in a Disaster Recovery
Plan agreed between You and C&W. You are then able to conduct
business and receive telecommunication services at Your alternative
site while the emergency is resolved. See C&W Data Sheet for
full Disaster Recovery service description.
SECTION 1 - Service Specific Terms And Conditions
These C&W Disaster Recovery Terms and Conditions should be
read in conjunction with the C&W General Terms and Condition
and the relevant C&W Termsand Conditions for any services
associated with the Disaster Recovery Service. Where there is
conflict these Service Specific Terms and Condition supersede the
General Terms and Condition.
1. Definition and Interpretation
The C&W General Terms and Condition include definitions.
These definitions are in addition:
"C&W Data Sheet" mean the disaster recovery
data sheet, which sets out the full details of the Disaster
Recovery Service and as may be supplemented, amended or varied from
time to time
"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
"Disaster Recovery Service" means the disaster
recovery service provided to You by C&W under these C&W
Disaster Recovery Terms and Conditions
"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
"Service Delivery Date" means the date on which
We make the Disaster Recovery Service ready for use
"Telecommunication Equipment" has the same
meaning as in section 31 of The Telecommunications (Bailiwick of
Guernsey) Law, 2001.
2. Disaster Recovery Service
2.1 In consideration for the payment of the
charges (as further detailed in paragraph 3 below), C&W will
provide You with the Disaster Recovery Service during this
Agreement
2.2 The Disaster Recovery Service covers only
those elements that are set out in the C&W Data Sheet. All
other elements of the Telecommunications Network or service that
You receive from Us are provided under the standard terms and
conditions and prices as may be applicable from time to time.
3. Payment
3.1 Rental for the Disaster Recovery Service
will start on the Service Delivery Date, unless:
3.1.1 We notify You of a later date for the
start of Disaster Recovery Service when rental will be payable
from; or
3.1.2 You use the Disaster Recovery Service
before the Service Delivery Date, in which case rental will be
payable from the date You first use the Disaster Recovery
Service.
3.2 The connection charge and rental for the
Disaster Recovery Service will be as set out in the Price list as
may be amended by Us from time to time. Rental is normally payable
in advance but We may bill You in arrears. You must pay rental in
accordance with Our billing cycle. We will apportion rental on a
daily basis for incomplete billing periods.
3.3 Other service(s)
associated with a DRP (as defined in clause 8.1 below) will be
subject to their standard terms and conditions and charges.
4. Deposits And Payments In Advance
4.1 We may ask for payment in advance, which
does not exceed the connection charge and rental for the term of
Disaster Recovery Service requested, prior to providing the
Disaster Recovery Service.
5. Termination
5.1 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.
5.2 You may by giving notice to Us at least
three months before the expiry date of the term of Service,
terminate this Agreement on the expiry date. If You terminate this
Agreement during the term of Service You shall be liable for any
outstanding charges at the rate in force in Our Price List.
Outstanding rental charges shall not be payable:
5.2.1 if the Disaster Recovery Service is
replaced with another Service from Us that We deem to be
comparable; or
5.2.2 if We materially change the rental charge
or terms and conditions of this Agreement to Your detriment
5.3 Your notice does not avoid any other
liability for Service already provided.
6. Customer Premises Equipment
6.1 You must only connect Customer Premises
Equipment to Our Service at Our designated Network Termination
Point
6.2 Your Customer Premises
Equipment must only be used with Our Service as directed under The
Telecommunication (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.
7. Information and Permissions
7.1 You confirm that in respect of the Disaster
Recovery Service:
7.2 You have obtained all permissions, licences
and consents from third parties that are necessary or desirable for
the supply of the Disaster Recovery Service until its removal.
8. Disaster Recovery Plan
8.1 There is an obligation on both You and Us
to agree a Disaster Recovery Plan (DRP). A separate DRP is needed
for each of Your sites that require disaster recovery protection. A
separate DRP is also needed for each service that You want to cover
(e.g. Telephone Service, Private Circuit Services).
9. Testing
9.1 It is a requirement of the Disaster
Recovery Service that You request Us to carry out a test of the DRP
on an annual basis. If You fail to request Us to carry out such a
test We cannot be held liable for failure to meet the target times
set out in the SLA and no compensation will be due or payable to
You. Testing will be undertaken during Normal Working Hours. An
additional charge will be payable if We agree to undertake testing
outside of Normal Working Hours.
10. 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 Repair | Relocation and Reconfiguration |
| Term of Service | Temporary Service |
| Interconnection | Default |
| Charges | Suspension |
| Liability | Call Monitoring and Recording |
| Indemnity | Cancellation |
| Notice | Complaints and Arbitration |
| Assignment | Copyright |
| Duration and Entire Agreement | Variation |
| Law | Matters Beyond Reasonable Control |
| Severability | Use of Information |
| Waiver | |
SECTION 2 - Service Schedule
This Cable and Wireless Guernsey (C&W) Service Schedule as
set out below, together with the C&W Data Sheet defines the
standard level of Fault response and provision target times for the
provision of the Disaster Recovery Service by C&W within the
Bailiwick of Guernsey.
Standard Service
Provision of Service (Disaster Recovery)
30 Working days or as agreed with customer if
outside that period. - Lead times apply only after complution of a Disaster Recovery
feasibility study that has been approved by C&W.
- Lead times for Plans requiring additional telecommunications
will be extended to allow for the provision of the additional
services.
Additional services are supplied under C&W Standard Terms
and Conditions for these Services as may be applicable from time to
time. Customers will be advised following the feasibility study of
the forecast total lead-time. |
We will provide You with the Disaster Recovery Service on the
terms and conditions as stated.
We plan to deliver a working Disaster Recovery Service within
the maximum time for provision as stated in these Terms and
Condition or as agreed with You.
Requests made to Us relating to the provision of Disaster
Recovery Service must be made in writing to:
Cable and Wireless Guernsey Limited, PO Box 3, Upland Road, St
Peter Port, Guernsey GY1 3AB, fax (01481) 724640 or email contact@surecw.com
If you require any work for the provision of Disaster
Recovery Service to be undertaken outside of the normal hours then
a charge will be made based on the applicable hourly rate.
Fault Support (Disaster Recovery)
You may report Faults to Us at any time by dialing service code
151. All Fault reports will be dealt with in accordance
with the Terms and Condition for the affected service.
Invoking the Disaster Recovery Service
You can invoke the Disaster Recovery Service by calling the
Customer Support Centre (CSC) by dialing 151. We will carry out the
work as detailed in the Disaster Recovery Plan within the time
scale documented in table I or as agreed with You.
Reinstating the original Disaster Recovery Service
You can reinstate the Disaster Recovery Service by calling
Customer Support Centre (CSC) by dialing 151. We will carry out the
work as detailed in the Disaster Recovery Plan within the time
scale documented in table I or as agreed with You.
C&W will divert Your service(s) within the agreed deadline
given in Table I below,subject to the provision described under
”Testing" in clause 9.1 of Section 1.
Table 1
| Service | Time of day | Timecale |
|---|
| Telephone Service | Monday to Friday 0800-1700
(except public and bank holidays) | One Hour
(per Plan) |
|---|
| Telephone Service | Any other time | Four Hours (per Plan) |
|---|
| Private Circuit Services | At all times | Four Hours (per Plan) |
|---|
Cable and Wireless Guernsey Limited,
PO Box 3
Upland Road
St Peter Port
Guernsey. GY1 3AB
Issue 1