C&W Jersey Internet
IP Feed
Service Specific Terms
and Conditions
C&W INTERNET IP FEED PRODUCT
DESCRIPTION
C&W Internet IP Feeds are permanent
Internet connections, dedicated exclusively to a particular
customer, providing access from the customer's site to the world
wide web. They provide an always-available high-speed
connection with no call charges, so that the cost is known in
advance and budgeting is easy.
These connections can be used together with the
customers own computer system to allow the hosting of their own web
server, email server or e-commerce application. C&W
Internet IP Feeds can also be used to provide Virtual Private
Networks or simple access to a central site for remote or home
workers.
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. Where there is conflict these Service
Specific Terms and Conditions supersede the General Terms and
Conditions.
1. Definition and
Interpretation
The C&W General Terms and Conditions
include definitions. These definitions are in addition:
"ASN" (Autonomous System
Number) a globally unique number assigned to an autonomous system,
which is also referred to as a routing domain."BGP" (Border Gateway Protocol) is
a protocol for exchanging routing information between gateway hosts
(each with its own router) in a network of autonomous
systems."Customer Premises
Equipment" means Telecommunications
Apparatus located at Your Premises and connected to a
Telecommunications Network at a Network Termination
Point."Domain
Name" means an identifying name that
locates an organisation or other entity on the Internet using a
unique address."Internet" means the global
network that links millions of computers, using phone and cable
links. This provides worldwide communications to homes,
schools, businesses and governments. The WWW runs on the
Internet.
means an identifying number of a
computer attached to the Internet. Every computer must have a
unique IP Address. IP Addresses are written as four sets of
numbers separated by full stops; for example, 204.171.64.2.
"LAN" means Local Area
Network: a computer network technology designed to connect
computers separated by a short distance.
"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.
"Outage" means a time when the
IP Feed Service is not available as defined in Section 2.
"RIPE" (Reseaux IP Europeens)
is an independent, not-for-profit membership organisation that
supports the infrastructure of the Internet through technical
co-ordination in its service region.
"Service Delivery
Date" means the date on which We make the Service ready
for use."Systems
Administrator" means Your team of network engineers who
manage Your network of accounts and systems."URL" means Uniform Resource Locator: a
logical address that identifies a resource on the
Internet."User ID"
means a unique name that can be a combination of letters and
numbers that is used to identify and authenticate You when
connecting to a Service that We provide.2. Provision of
Service2.1
Should cabling form part of the service then this is provided on
the basis of surface mounted wiring in a standard
environment.2.2 We may ask You to
provide Us with information regarding Your use of any IP Addresses
that We may assign to Your IP Feed. 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 an IP Feed or terminate the Service if
appropriate.2.3 If You have Your own
ASN and IP addresses assigned by RIPE We will configure Our BGP
during installation to route Your traffic. We will not normally
charge for this additional work but We reserve the right to do
so.2.4 From the date of provision of
the service it will be Your sole responsibility to manage Your ASN,
BGP and IP addresses without Us becoming
involved.3. Telecommunications
EquipmentYou
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.
Payment4.1
Rental for the Service will start on the Service Delivery Date,
unless:4.1.1 We notify You of a later
date for the start of Service when rental will be payable from;
or4.1.2 You use the Service before the
Service Delivery Date, in which case rental will be payable from
the date You first use the Service.4.2
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. Deposits and
Payments in AdvanceWe 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.6.
Termination6.1
We may terminate this Agreement by giving You at least three months
notice. If We give You notice then You must pay rental 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.6.2 You may by giving notice to Us at least six weeks
before the expiry date of the Initial term of Service, terminate
this Agreement on the expiry date. The Initial Term of Service may
be one, two or three years as stated on the Order Form. If You
terminate this Agreement during the Initial Term of Service You
shall be liable for any outstanding charges for the balance of the
Initial Term at the rate in force in at the time. Outstanding
rental charges shall not be payable if:6.2.1 the Service is replaced with another Service from Us
that We deem to be comparable; or6.2.2
We materially change the rental charge or terms and conditions of
this Agreement to Your detriment.6.3
After the Initial Term of Service You may terminate this Agreement
by giving Us at least 30 days notice in writing.6.4 Your notice does not avoid any other liability for
Service already provided.7. Accommodation,
Power and Lightning
Protection7.1
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.7.2 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.7.3 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.8.
Customer Premises Equipment
8.1 You must only connect Customer
Premises Equipment to Our Service at Our designated Network
Termination Point.
8.2 Your Customer Premises Equipment must
only be used with Our Service as directed under the
Telecommunications (Jersey) Law, 2002 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.
Security
9.1 You are responsible for the security
and proper use of all user IDs and passwords used in connection
with the Service (including changing passwords on a regular basis)
and must take all necessary steps to ensure that they are kept
confidential, secure, used properly and not disclosed to
unauthorised people.
9.2 You must immediately inform Us if
there is any reason to believe that a user ID or password has or is
likely to become known to someone not authorised to use it or is
being or is likely to be used in an unauthorised way.
9.3 You must not change or attempt to
change a user ID. If You forget or lose a password or user ID You
must contact Us and satisfy such security checks as We may
operate.
9.4 We reserve the right to suspend
user ID and password access to the Service if at any time We
consider that there is or is likely to be a breach of
security.
9.5 We reserve the right (at Our sole
discretion) to require You to change any or all of the passwords
used in connection with the Service.9.6
You must immediately inform Us of any changes to the information
You supplied when registering for the Service.10. Information and
Permissions10.1 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; and10.1.2
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
PremisesYou
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.
InternetThe
Service enables access to the Internet. The Internet is separate
from the Service and use of the Internet is solely at Your risk and
subject to all applicable laws. We have no responsibility for the
performance or speed of the Internet, information, software,
services or other materials obtained by You using the
Internet.13. Domain
Name13.1 You
warrant that You are the owner of, or that it is duly authorised by
the owner of, any trade mark or name that You wish to use as Your
Domain Name and use as part of Your URL. In addition, You must not
use a Domain Name or URL that infringes the rights of any person in
a corresponding trademark or name.13.2
We reserve the right to require You to select a replacement Domain
Name or URL and may either refuse to provide or may suspend Service
if, in Our opinion, there are reasonable grounds for Us to believe
that the Domain Name or URL is, or is likely to be, offensive,
abusive, defamatory or obscene or in breach of the provisions of
paragraph 13.1.13.3 Where We have
undertaken Domain Name and URL registration on Your behalf , We
will charge You a fee for each Domain Name registered and
maintained. You are responsible for paying registration fees to
that authority.13.4 If You have
purchased a Domain Name(s) direct from the relevant Internet
registration authority, You are responsible for paying all fees to
that authority.14 The
Network14.1
"Information Content" – You and Your end users
acknowledge that We are unable to exercise control over the content
of the information passing over Our Telecommunications Network.
Therefore, We are not responsible for the content of any message or
web site.14.2
"Connectivity" - Our network may be used to link
into other networks worldwide and You and Your end users agree to
conform to the acceptable use policies of these
networks.14.3 "Misuse"
- You and Your end users may not circumvent security of any host,
network, or account (referred to as "cracking" or "hacking"), nor
interfere with service to any user, host, or network (referred to
as "denial of service attacks"). Without prejudice to the
foregoing, We consider that any application, including poorly
written or malicious code, which overloads or causes Our
Telecommunications Network to malfunction, by whatever means, will
be considered as damaging to Our Network and is as such NOT
allowed. Such application or code will be
removed.14.4 "Disciplinary
Action" - You and Your end users who violate systems or
network security may incur criminal or civil liability. We will
fully co-operate with investigations of suspected criminal
violations, violation of systems or network security under the
leadership of law enforcement or relevant authorities. We reserve
the right to suspend Your and Your user's accounts pending
investigation and may, in any case, terminate Your and Your user's
accounts if any clause in this Agreement or in Our Acceptable Use
Policy is breached by You and/or Your users.15. LAN
Access15.1 If
You access the Service via a LAN and You do not contract Us to
supply and maintain an IP router then You are responsible
for:15.1.1 providing and maintaining a
suitable LAN and Internet Protocol ("IP") router capable of
interfacing satisfactorily with the Service;15.1.3 configuration of the IP router;
and15.1.4 the appointment of a System
Administrator.15.2 You acknowledge that
We are not responsible for providing any support whether technical
or otherwise, to Your LAN.15.3 Where IP
Addresses are allocated to You, these are for use in connection
with this Service only and all rights in those IP Addresses belong
to Us. You cannot sell them or agree to transfer them to anyone
else and must not try to do so. If this Agreement is terminated for
any reason the IP Addresses will revert to Us.
16.
Charges16.1 As part of
the IP Feed Service, We will provide You with a choice of bandwidth
tariffs.16.1.1 Capped Bandwidth
Tariff. You have a set amount of bandwidth capacity for a
fixed monthly charge. This option does not allow Your inbound or
outbound traffic to burst above the set rate.16.1.2 Burstable Bandwidth Tariff.
Although You commit to a base level of bandwidth (the "Base
Bandwidth") You are not limited to that set amount of bandwidth.
Your inbound or outbound traffic can burst up to four times the
Base Bandwidth level or up to the maximum connection capacity
available, whichever is the smallest. If the monthly Base Bandwidth
level is not exceeded You pay only the fixed Monthly Recurring
Charge. However, if the Base Bandwidth level is exceeded You pay an
additional Monthly Variable Charge depending on the amount the Base
Bandwidth level was exceeded by.16.2 We
will use the following procedure each calendar month to determine
the applicable monthly charges for bandwidth used.- We will take a sample showing average use
every 5 minutes throughout the day to measure Your total inbound
and outbound daily traffic levels.
- If the maximum rate for the day does not
exceed the Base Bandwidth level You have selected, the day's
measurement will be taken as the Base Bandwidth level.
- If the maximum rate for the day exceeds
the Base Bandwidth level We will determine the Mb used for each 5
minute interval. For each day, We will ignore the top 5% of the
measurements with the greatest Mb rate. The next greatest Mb rate
will be used – the '95% Rate' – as the measurement for the
day.
- At the end of each month the average of
the daily measurements will be taken and used to bill
on.
- If this average does not exceed the Base
Bandwidth level You have selected the IP Feed charge will consist
of the fixed Monthly Recurring Charge only.
- If the average exceeds the Base Bandwidth
level You have selected the total IP Feed charge will consist of
the fixed Monthly Recurring Charge plus a Monthly Variable Charge
based on the number of Mb by which the average exceeded the Base
Bandwidth level.
16.3 Any work carried out by Us to cater for
Your ASN, BGP or IP addresses after the ready for service date will
be charged for.16.4 The actual charges
are available on request from Cable & Wireless Jersey
Limited.17. General Terms and
ConditionsYou
should refer to the C&W General Terms and Conditions for
additional clauses under each of the above headings and for the
following:
Provision of Service | Special Provision of Service | Use of Service |
Telecommunication Equipment | Fault Repair | Relocation and Reconfiguration |
Term of Service | Temporary Service | Interconnection |
Charges | Payment | Deposits and Payments in Advance |
Default | Cancellation | Suspension |
Termination | Call Monitoring and Recording | Accommodation Power and Lighting |
Customer Premises Equipment | Information and Permissions | Confidentiality |
Access to Premises | Complaints and Arbitration | Assignment |
Intellectual Property Rights | Copyright | Duration and Entire Agreement |
Indemnity | Law | Liability |
Matters Beyond Reasonable Control | Notice | Use of Information |
Severability | Variation | Waiver |
SECTION 2 –
Service Schedule
This Cable & Wireless Jersey Service
Schedule defines the standard provision target times and level of
Fault response for IP Feed Services within the Bailiwick of
Jersey.
Provision of Service (IP Feed
Services)
IP Feed Services | Install within 3 working days of commissioning
of private circuit. |
|---|
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 & Wireless Jersey
Limited, Richmond House, 8 David Place, St Helier,
Jersey, JE2 4TD.
Notwithstanding and without limiting the
generality of clause 31 or 32 of the C&W Jersey General Terms
and Conditions, We will not be liable for any failure to meet the
standard provision target times or level of fault response caused
by matters beyond Our reasonable control, including without
limitation any failure of private circuits provided by Our third
party supplies in Jersey.
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.
At the time the service is provided You will be
asked to indicate whether or not We will be given access to Your
premises in the event of a Fault occurring outside Normal Working
Hours. Should You indicate that You do not wish to be disturbed
outside Normal Working Hours the Service Level Agreement Credits
shown below will not apply.
Fault Support (IP Feed
Services)
Fault Support | Via Customer Support Centre on 0800 10 15
247,24 hours per day. |
|---|
Fault Cover | 24 hours 7 days a week if We have access to
Your Premises. Normal Working Hours if not. |
|---|
Fault Response | Within 4 hour of receipt of Fault report if We
have access to Your Premises and within 4 Normal Working Hours if
not. |
|---|
Clear | Resumption of service within 8 hours if We have
access to Your Premises and within 8 Normal Working Hours if
not. |
|---|
Where a resolution to Your satisfaction cannot
be made to 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:
- provide advice by telephone
- carry out tests and diagnostics on the
Service
- if required, visit Your Premises or work to a
point in Our network
- work to resolve the Fault within the agreed time
period as stated in the schedule
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.
Attention to Faults outside of Normal Working
Hours will be charged at the C&W applicable rate, if You did
not give Us details allowing Us to access Your Premises at the time
the Service was connected.
Service Level Target
We will use efforts We consider reasonable to
ensure that Your IP Feed Service is available to You 100% of the
time.
Service Level Agreement Credits for IP
Feed Service Availability
If an Outage is caused by a problem with the
customer router, the access router or port, or the C&W Internet
backbone and this means that the IP Feed is completely unavailable
for Your use for 10 or more consecutive minutes You will be
entitled to an IP Feed service Outage credit as shown in the table
below:
Duration of IP Feed
Outage | IP Feed 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 IP Feed 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 must 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
IP Feed 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:
x the fault or negligence of You or any of Your
customers;
x Your failure to comply with the Terms and Conditions of
this Agreement;
x a fault in, or any other problem associated with, the
equipment connected to Your side of the Network
Terminating Point;
x matters beyond Our reasonable control; or
x 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.
IP Feed Service Availability
MeasurementWe will monitor
Your IP Feed Service in accordance with the principles set out
below. In the event of a dispute between us relating to the
availability of the IP Feed 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
4October 2007