Bandwidth & Network Access Service Specific Terms and
Conditions
The Bandwidth and Network Access (BNA) Service provides You with
direct connectivity from Our Hosting Centres to Our
Telecommunications Network. There are essentially three parts to
the BNA Service, which are available as detailed below and comprise
network access, dedicated connectivity and bandwidth.
DATA CENTRE SPECIFIC TERMS AND CONDITIONS
These Data Centre Specific Terms and Conditions should
be read in conjunction with Data Centre General Terms and
Conditions. Where there is conflict, the Data Centre Service
Specific Terms and Conditions (as applicable) supersede the Data
Centre General Terms and Conditions.
1. Definitions And Interpretation
The Data Centre General Terms and Conditions include
definitions. These definitions are in addition.
"Bandwidth and Network Access Service" or
"BNA Service" means the provision of specified
network access, connectivity and bandwidth to You by Us which
allows You to obtain access to the Internet under the terms and
conditions of this Agreement.
"Cabinet" means a standard 19" wide rack,
installed at a Hosting Centre with sidewalls and locking front and
back doors.
"CAT 5" is the standard for copper cabling that
is used in Our Hosting Centres to connect equipment to a copper
network at Ethernet or fast Ethernet speeds.
"Cross Connect" is a cabling service, which is
used to backhaul a physical link of any type from one point to
another within a Hosting Centre or between Hosting Centres.
"Hosting Centre" means the site provided by Us
to You with connectivity to Our Telecommunications Network used to
provide hosting services to You.
"Hosting Centre Connection" means the section
of the Hosting Centre Infrastructure that connects to the Hosting
Solution Infrastructure. A Hosting Centre Connection can be either
a Static Single Network Connection or a Static Additional Network
Connection.
"Hosting Centre Infrastructure" means the
Hosting Centre Connection and the link from the Hosting Centre
Connection to Our Telecommunications Network.
"Hosting Solution" means a collection of
services provided under the Data Centre General Terms and
Conditions and any relevant Data Centre Service Specific Terms and
Conditions taken as a single solution provided by Us to You.
"Hosting Solution Infrastructure" is the
network based managed equipment used by Us and dedicated to Your
Hosting Solution. It is comprised of Ethernet switches,
routers, server load balancers and firewall load balancers.
"Inbound Traffic" means traffic
travelling from the Internet towards Your equipment.
"Monthly Recurring Charge" (MRC) means a fixed
monthly charge set out in Our Price List, which We charge You for
the BNA Service provided under this Agreement.
"Monthly Variable Charge" (MVC) means a
variable monthly charge set out in Our Price List, which We charge
You for the BNA Service provided under this Agreement.
"Non Recurring Charge" (NRC) means a charge set
out in Our Price List which We charge You on a single occasion,
such as for the connection to the BNA Service provided under this
Agreement.
"Outbound Traffic" means traffic travelling
from Your equipment out onto the Internet
"RJ45 connectors" are the standard registered
jack connectors for copper cabling that are used in Hosting Centres
to connect equipment to a copper network.
"SC connectors" are the standard registered
connectors for fibre optic cabling that are used in Hosting Centres
to connect equipment to a fibre optic network.
"Static Single Network Connection" means a
single non-redundant connection from Our Hosting Centres to Our
Telecommunications Network.
"Static Additional Network Connection" means an
additional connection to provide redundancy by linking the same two
points of a network as an existing Static Single Network
Connection.
"Supported Platform Document" means the
document detailing the standard makes, models and configurations of
equipment and software We are able to support as part of Your
Hosting Solution.
2. Provision Of Service
2.1 We
agree to provide You the BNA Service commencing on the Service
Delivery Date subject to the provisions of this Agreement.
2.2 The
BNA Service provides connectivity between Your Hosting Solution
Infrastructure and Our Telecommunications Network, via Our Hosting
Centre Infrastructure.
2.3 As
part of the BNA Service, We will provide You with "network
access" (see 4.1.1). This comprises:
2.3.1
Installation of Your Hosting Centre Connection(s); and
2.3.2
Installation and maintenance of the mandatory IP routing set-up for
Your Hosting Solution.
2.4 You
may choose to have either a Static Single Network Connection or a
Static Additional Network Connection as the solution that We can
provide You for Your Hosting Centre Connection. You will
notify Us as to which form of Hosting Centre Connection You require
at least 10 days before the Service Delivery Date or at any time
during the term of this Agreement upon 10 days notice.
2.5 Both
types of Hosting Centre Connections are provided as 100 Mbit/s
('Fast Ethernet'). The type and number of Your Hosting Centre
Connection(s) will be specified by You in agreement with Us in the
Order Form as required by 2.4 above.
2.6 If
required, and subject to additional charges, We can provide You
with "dedicated connectivity" (see 4.1.2).
This comprises direct connections between Cabinets located in the
same Hosting Centre. These connections, as may be specified, can be
provided in either one of the following two ways:
2.6.1
Copper Cross Connects (Cabinet-to-Cabinet) with CAT5 Cabling and
RJ45 connectors; or
2.6.2
Fibre Cross Connects (Cabinet-to-Cabinet) with multimode fibre
cabling and SC connectors
2.7 At
Your request We can also provide Cross Connects between Cabinets in
different Hosting Centres provided by Us or between Your and Our
Hosting Centres.
2.8 As
part of the BNA Service, We will provide You with a set amount of
"bandwidth capacity" (see 4.1.3) for a fixed
monthly charge in addition to the network access and/or dedicated
connectivity elements. You will notify Us as to Your requirements
for bandwidth capacity at least 10 days before the Service Delivery
Date.
3. Requirements
3.1 In
order for Us to provide the BNA Services to You, the following
requirements apply:
3.1.1 You must provide Us with a network design and
detailed configuration documentation for Your Hosting Solution. You
can, for an additional charge (which will be provided to You on
request within an agreed timescale) use Our professional help and
support to produce such documentation; and
3.1.2
Prior to providing You with the BNA Service, We must approve the
network design and the configuration documentation. If We are
unable to approve such documentation then We will notify You of
such event and provide details of how such documentation can be
improved so as to enable Us to provide You the BNA Service or We
will inform You that the BNA Service does not suit Your
requirements.
3.1.3 We may ask You to provide Us
with information regarding Your use of any IP Addresses that We may
assign to Your BNA service. This information is required to
justify Our application to RIPE, the organisation that allocates IP
Addresses through the Internet, and may be available on their web
site. If You fail to supply this information We may cancel
Your Order for a the BNA Service or terminate the Service if
appropriate.
3.2
Subject to the limits set out in clause 3.3 below, You may change
the selected bandwidth that applies to a given calendar month by
giving Us written notice (in a form specified by Us from
time-to-time) of the change by the 25th day of the preceding
calendar month.
3.3
The following limits apply to You changing the selected
bandwidth:
3.3.1 You may request a change
only once each calendar month;
3.3.2 You may, with written notice
provided to Us by the 25th day of the month and no less than 90
days after the Service Delivery Date, request a change that would
result in an MRC that is less than that initially specified in the
Order Form ; and
3.3.3 except as described above,
You may request a change only if it would result in an MRC and/or
MVC (as applicable) that is equal to or greater than that initially
specified in the Order Form
4. Charges
4.1 The
following categories of charges apply to the provision of the BNA
Services by Us to You (NRC = Non Recurring Charge, MRC = Monthly
Recurring Charge):
4.1.1
Network Access Connections
| Services | Category | Charge type |
|---|
| Network Access | Installation and basic configuration of hosting centre | NRC |
| | Static Additional Network Connection | MRC |
| | Your requested changes under clause 2.4 above | NRC |
The actual charges are shown in Our relevant managed services
Price Lists, which are available on request as shown in 4.1.3
below.
4.1.2
Dedicated Connectivity
| services | category | charge type |
|---|
| Dedicated connectivity | Installation of Cross Connect(s) | NRC |
| | Rental charge for Cross Connect(s) | MRC |
| | Your requested changes under clause 3.3 above | NRC |
The actual charges are shown in Our relevant managed services
Price Lists, which are available on request as shown in 4.1.3
below.
4.1.3
Bandwidth Capacity
As part of the BNA Service, We will provide You with a choice of
bandwidth tariffs.
Capped Bandwidth Tariff. You have a set amount
of bandwidth capacity for a fixed monthly charge in addition to the
network access and/or dedicated connectivity elements. This option
does not allow Your inbound or outbound traffic to burst above the
set rate.
Burstable Bandwidth Tariff. Although You commit
to a base level of bandwidth You are not limited to that set amount
of bandwidth. Your inbound or outbound traffic can burst up to four
times the base level or up to the maximum connection capacity
available, which ever is the smallest. If the monthly base level is
not exceeded You pay only the fixed Monthly Recurring Charge.
However, if the base level is exceeded You pay an additional
Monthly Variable Charge depending on the amount the base level was
exceeded by.
We will use the following procedure each calendar month to
determine the applicable monthly charges for bandwidth used.
- We will take a sample every 5 minutes throughout the month to
measure Your total inbound and outbound traffic levels.
- If the maximum rate does not exceed the base bandwidth level
You have selected, the monthly Charge will consist of the fixed
Monthly Recurring Charge for that level only.
- If the maximum rate exceeds the base bandwidth level We will
determine the Mb used for each 5 minute interval. For any
given month, We will ignore the top 5% of the measurements with the
greatest Mb rate. The next greatest Mb rate will be used to bill on
– the '95% Rate'.
- If the 95% Rate exceeds the base bandwidth level You have
selected the bandwidth charge will consist of the fixed Monthly
Recurring Charge plus a Monthly Variable Charge based on the number
of Mb by which the 95% Rate exceeded the base level bandwidth.
Charges for the bandwidth element of the BNA Service are
comprised of the following:
| Tariff model | Description | charge type |
|---|
| Capped Bandwidth Tariff | Capped bandwidth provided at the rate You selected | MRC |
| Burstable Bandwidth Tariff | Burstable bandwidth provided at the rate You selected Additional bandwidth used when bursting | MRC NRC |
The actual charges are shown in Our relevant managed services
Price List, which is available on request from Cable and Wireless
Guernsey Limited, PO Box 3, Upland Road, St Peter Port, Guernsey,
GY1 3AB, by calling Business Sales on 01481 700600, or by sending
an email to contact@surecw.com.
5. General Terms and Conditions
You should refer to the C&W Data Centre General Terms and
Conditions for additional clauses under each of the above headings
and in particular for the following:
| Special Provision of Service | Use of Service | Connection of Equipment to the Service |
| Security | Domain Name | Charged Domain Name |
| The Network | Common Gateway Interface | Intellectual Property Rights |
| Confidentiality | Acceptable Use Policy | Export Control |
| Fault Repair | Term of Service | Temporary Service |
| Interconnection | Payment | Deposits and Payments in Advance |
| Default | Cancellation | Suspension |
| Termination | Call Monitoring and Recording | Accommodation, Power and Lightning Protection |
| Information and Permissions | Access to Premises | Complaints and Arbitration |
| Assignment | Copyright | Duration and Entire Agreement |
| Liability | Matters Beyond Reasonable Control | Notice |
| Use of Information | Severability | Variation |
| Waiver | Law | |
SECTION 2 – Service Schedule
This Cable & Wireless Service Schedule defines the standard
provision target times and level of Fault response for Bandwidth
and Network Access (BNA) Services within the Bailiwick of
Guernsey.
Provision of BNA Service
| BNA Services | Install within 10 working days of signed agreement. |
|---|
We will provide You with the Service on the terms and conditions
as stated.
We plan to deliver a working service by the time agreed with You
or within the maximum time for provision as stated on the Order
Form.
Requests made to us relating to the provision of Service must be
made in writing to: Cable and Wireless Guernsey Limited, Telecom
House, Upland Road, St Peter Port, Guernsey, GY1 3AB
Notwithstanding and without limiting the generality of clause 35
of the C&W Guernsey Data Centre General Terms and Conditions,
We will not be liable for any failure to meet the standard
provision target times or level of Fault response cause by matters
beyond Our reasonable control.
If You require any work for the provision of service to be
undertaken outside of Normal Working Hours then a charge will be
made based on the applicable hourly rate.
Fault Support for BNA Services
| Fault Support | Via Customer Support Centre on 151 (or +44 1481 757418
from outside of the Bailiwick of Guernsey), 24 hours per day. |
|---|
| Fault Cover | 24 hours per day. |
|---|
| Fault Response | Within 1 hour of receipt of Fault report. |
|---|
| Clear | Resumption of service within 8 hours. |
|---|
Where a resolution to Your satisfaction cannot be made at the
time of reporting the Fault then We will ask You to provide Us with
a contact telephone number to enable reports on progress with the
Fault clearance to be made.
We will:
1. provide advice by
telephone
2. carry out tests and
diagnostics on the Service
3. work to resolve the Fault
within the agreed time period as stated in the table set out
above
If We respond and work on a reported Fault and it is
subsequently found not to be a Fault with Our Service then a charge
will be made based on the applicable rate defined in the Price List
for the Service.
Service Level Target
We will use efforts We consider reasonable to ensure that Your
BNA Service is available to You 100% of the time.
Service Level Agreement Credits for BNA Service
Availability
If an Outage, which is not part of scheduled maintenance, is
caused by a problem with equipment owned directly by Cable &
Wireless Guernsey, or the C&W Internet backbone and this means
that the BNA service is completely unavailable for Your use for 10
or more consecutive minutes You will be entitled to a BNA service
Outage credit as shown in the table below:
Duration of BNA Outage | BNA Service Outage Credit |
|---|
| 10 minutes to 60 minutes | 1/30 of the monthly charge for the affected service |
|---|
| More than 60 Minutes | 1/30 of the monthly charge for the affected service for each
full hour of the BNA service Outage. |
|---|
If You wish to claim under this Service Level Agreement You must
write to Your C&W Account Manager within 60 days of the Outage
to ask for a credit to be issued, subject to the following
limitations:
- Credit will not be issued for the part month before the start
of the first full calendar month following the Service Delivery
Date.
- In that correspondence You include the circuit designation and
the Fault number given to You at the time the Outage was reported.
The time recorded on this report will be used to determine the
start of the Outage. You may use ping tests when You believe there
is an Outage, but We will not use these tests exclusively to decide
whether an Outage exists.
- Total credits will not exceed seven 1/30 of the BNA service
monthly rental in any calendar month.
- Credit not issued due to the maximum monthly credit limit will
not be carried over to subsequent calendar months.
- Credit will not be issued to You in the event that the failure
to meet the relevant service levels is caused by:
- the fault or negligence of You or any of Your customers;
- Your failure to comply with the Terms and Conditions of this
Agreement;
- a fault in, or any other problem associated with, the equipment
connected to Your side of the Network Terminating Point;
- matters beyond Our reasonable control, or;
- any failure by You or Your customers to give Us access to any
equipment, site or premises after a reasonable request by C&W
to do so.
BNA Service Availability Measurement
We will monitor Your BNA Service in accordance with the
principles set out below. In the event of a dispute between
us relating to the availability of the BNA Service, then Our record
will be deemed to be correct and decisive.
Upstream- From Our monitoring server, We will
measure the availability of five of the most popular web sites on
the public Internet by connecting to each site in turn (using http
get scans) every 5 minutes and recording the number of successful
connections against the number of attempted connections. Two sites
are located in Britain, one in Germany, one in the US and one in
Australia. In this way We will connect to a different region of the
Internet every minute. If connection to four of the five sites is
unsuccessful on two consecutive attempts or more We will declare an
Outage has occurred upstream and start to take corrective
actions.
Downstream– From Our monitoring server we will
ping the port of Our router that Your equipment is connected to
once every minute. If this test fails on five consecutive attempts
or more We will declare an Outage has occurred downstream and start
to take corrective actions.
We will use the recorded results of these tests to determine the
time an Outage ends and inform You accordingly.
If You ask Us to We will send a monthly report of these test
results to an email address of Your choice.
Issue 3
October 2004