Specific Terms for Managed SD-WAN Service
These Specific Terms for Managed SD-WAN Service (the “Specific Terms”), which both the Company (as defined in Clause 10 hereof) and the Customer agree to be bound by, are incorporated into and made a part of the master services agreement and/or other general terms and conditions executed between the Company and the Customer (the “Service Agreement”)[cite: 1]. Any capitalized terms used herein and not otherwise defined shall have the meaning set forth in the Service Agreement[cite: 1].
1. SERVICE DESCRIPTION
The Company shall provide the Managed SD-WAN Service (“Service”) to the Customer[cite: 1]. The Service, in general, shall consist of:
- SD-WAN edge device(s) located at the Customer Premises[cite: 1];
- WAN connection(s) to the SD-WAN edge devices; WAN connections could be MPLS VPN circuit(s), GIA circuit (s), fixed or mobile Internet connection(s)[cite: 1];
- SD-WAN Gateway(s) located in the Company’s global MPLS VPN network infrastructure[cite: 1];
- Centralised SD-WAN orchestrator(s) and controller(s)[cite: 1];
- Management web portal to access the information relating to the Service[cite: 1]; and
- Optional value-added services / features that the Company may offer with the Service from time to time[cite: 1].
The Company shall provide the overall management of the above components as part of the Service[cite: 1].
1.2 Service Packages
The Company currently offers three (3) service packages (“Service Package(s)”) as set forth below[cite: 1]. Customer shall select the purchased option(s) in the Order Form[cite: 1].
- Standard Package
It comprises of one (1) active SD-WAN edge device and one (1) standby SD-WAN edge device which are installed at the Customer Premises with at least one WAN connection to the active SD-WAN edge device[cite: 1]. - Business Package
It comprises of two (2) active SD-WAN edge devices running High Availability (HA) mode which are installed at the Customer Premises with at least two (2) WAN connections to the active SD-WAN edge device[cite: 1]. - Premium Package
It comprises of two (2) active SD-WAN edge devices running High Availability (HA) mode and one standby SD-WAN edge device, all of which are installed at the Customer Premises with at least two (2) WAN connections to the active SD-WAN edge device[cite: 1].
1.3 SD-WAN Edge Device
The SD-WAN edge device can be either a physical device or a virtual device[cite: 1].
Delivery and Installation
The Company shall arrange the shipment of SD-WAN edge device to the Customer Premises stated in the Order Form[cite: 1].
There are two (2) installation options available for the Customer[cite: 1]. The selected installation option shall be stated in the Order Form[cite: 1].
- Do It Yourself (DIY)
Installation is done by Customer[cite: 1]. The Company will provide a DIY manual for the Customer to facilitate the installation[cite: 1]. Remote assistance via telephone from the Company will also be available, if required[cite: 1]. In case that the Customer requests for on-site support, the Company will charge Customer the service fee for such on-site support[cite: 1]. - On-site Support
Installation is done by the Company[cite: 1]. The Company will dispatch a technician to the Customer Premises to perform the installation of the SD-WAN edge device[cite: 1]. This option is not applicable to any virtual device[cite: 1].
Scope of work includes:- Place and power the SD-WAN edge device in a suitable and safe location specified by the Customer[cite: 1]; and
- Extend the LAN and WAN connection(s) from the SD-WAN edge device to the specified access terminal[cite: 1].
Management and Maintenance
The Company is responsible for initial and ongoing configuration management of the SD-WAN edge device which is based on the information provided by the Customer[cite: 1]. The Customer can access the management web portal to view the network status and performance[cite: 1]. The Customer can raise a change request to the Company to make subsequent change, or under a Co-management Service Model, access the management web portal for Customer Self-service Configuration Management for features of the Service within the specified scope below[cite: 1]. Visibility and configuration management of the Service is also available via an application programming interface (“API”) in addition to the management web portal[cite: 1]. Configuration change via the Company will be completed through remote support[cite: 1]. Additional charges shall be payable by the Customer for any configuration change which involves on-site work[cite: 1].
Features of Service within the scope of the Co-management Service Model include:
- Business Policy[cite: 1];
- Stateful Firewall[cite: 1]; and
- Remote Diagnosis[cite: 1].
The Company shall provide SD-WAN edge device maintenance for the Service[cite: 1]. The Company will use its reasonable endeavours to respond to the fault reports and rectify the fault remotely[cite: 1]. If hardware failure is identified and there is a stand-by SD-WAN edge device at the Customer Premises, the Company will attend the Customer Premises to carry out hardware replacement according to the maintenance level ordered by the Customer (as set out in Order Form)[cite: 1]. If there is no stand-by SD-WAN device at the Customer Premises, the Company will arrange the delivery of the replaceable hardware from the Vendor and the lead time is subject to the locations of Customer Premises[cite: 1]. The Company will use its reasonable endeavors to attend the Customer Premises to carry out the hardware replacement[cite: 1].
The two (2) available maintenance levels are:
- Next Business Day Response Level (5x8xNBD)
“Next Business Day Response Level” means, if after the Customer reports the hardware failure, the Company determines that hardware replacement is required (the “Determination”) and such Determination is made before 3.p.m. on the date of the Customer’s report (the “Fault Report Date”), the Company’s representative will attend the Customer Premises on the Business Day immediately after the Fault Report Day (the “Next Business Day” or “NBD”)[cite: 1]. If the Company’s Determination is made after 3p.m. of the Fault Report Date, the Company will attend the Customer Premises on the Business Day immediately after the Next Business Day[cite: 1]. - Same Day Four Hour Response Level (7x24x4)
“Same Day Four Hour Response Level” means the Company’s representative will attend the Customer Premises within four (4) hours after the Company has made the Determination that hardware replacement is required[cite: 1].
Other features
If the SD-WAN edge device incorporates the Virtual Network Functions (VNFs), the Customer can order the specified VNFs which are provided by the Company as an optional value added service[cite: 1].
The SD-WAN edge device will be provided with the Stateful Firewall feature[cite: 1]. The Company is responsible for the configuration based on the network security consideration and will keep the Customer informed about the setting, or under a Co-management Service Model, the Customer can access the management web portal or the API and is responsible for Customer Self-service Configuration Management[cite: 1].
1.4 WAN Connections to the SD-WAN Edge Devices
The Company shall be responsible for correcting fault or restoring a failure for WAN connections based on the corresponding Specific Terms for other services if such WAN connection is provided by the Company as part of the Service[cite: 1].
Depending on the actual configuration of the Service as agreed by the Company and the Customer, the Customer can choose to have the WAN connection to be provided via a third party service provider at the Customer’s own costs; and such WAN connection provided by the Customer or its third party service provider shall be regarded as Customer Provided WAN Connection(s) (“CPW”)[cite: 1].
CPW support service is an optional value-added service[cite: 1]. The Company offers a chargeable optional CPW support service for the Customer[cite: 1]. The Customer shall liaise with the relevant service provider of such CPW to provide necessary authorization to the Company for this optional service[cite: 1].
Scope of work for CPW support service
- The Company shall report fault to the service provider(s) of the CPW on behalf of the Customer in case of service outage[cite: 1];
- The Company shall follow up on the related fault tickets with the service providers of the CPW[cite: 1]; and
- For the avoidance of doubt, the Company shall not be responsible for correcting the fault or restoring the failure for the CPW which shall be the responsibility of the service provider(s) of those CPW; in case there is any incurred cost related to service restoration, Customer remains responsible to pay for such cost[cite: 1].
1.5 Management Web Portal
The Company shall provide the Customer with an account to access the management web portal[cite: 1].
1.6 API
The API is an optional programming interface for the Customer to view or manage the Service[cite: 1].
1.7 Software/Firmware Upgrade
The Company may perform remote upgrades at its discretion where:
- The upgrade is necessary to maintain the SD-WAN edge device’s functionality[cite: 1]; or
- The upgrade provides significant operational benefits[cite: 1].
The Customer shall provide on-site remote hand support as notified by the Company[cite: 1].
2. CUSTOMER’S OBLIGATIONS
In addition to the obligations set forth in the Service Agreement, the Customer shall:
- appoint, in the Order Form, at least one (1) Point of Contact (“POC”) as the Customer’s authorised persons to submit to the Company on behalf of the Customer, about the initial and on-going network configuration information for the Service, and change requests in respect of the Service, including the authorization of the POC to make changes to the Customer’s security policy for the Service and the appointment of additional or replacement of the POC[cite: 1]. The Customer warrants to the Company that the POC appointed in accordance with this Clause is duly authorised to act on behalf of the Customer in relation to the Service Agreement[cite: 1];
- inform the Company before connecting any CPW to the SD-WAN edge device[cite: 1];
- acquire adequate knowledge to conduct Customer Self-service Configuration Management via the management web portal[cite: 1];
- acquire adequate knowledge to view and manage the Service via the API[cite: 1];
- permit the Company, its suppliers and subcontractors to have access to the Customer Premises at reasonable times for the purpose of installing, inspecting, recovering or reconfiguring the Service Equipment[cite: 1];
- use its best efforts to verify whether any trouble with the Service is a result of the Customer Equipment or other facilities prior to reporting the fault to the Company[cite: 1];
- use its best efforts to verify whether any trouble with the Service is a result of a Customer Self-service Configuration Management on the management web portal or the API prior to reporting the fault to the Company[cite: 1];
- use its best efforts to provide remote hand assistance to the Company upon request during trouble shooting of the Service[cite: 1];
- acknowledge that the SD-WAN edge device to be provided by the Company for provision of the Service and located at the Customer Premises shall be the property of the Company[cite: 1]. Customer shall establish and maintain, for the duration of the Service Agreement, reasonable and adequate security measure to ensure that the SD-WAN edge device will not be stolen, lost or damaged[cite: 1]. Customer shall be liable for any losses, damages, costs and expenses arising from or in connection with the SD-WAN edge device (including but not limited to, any and all repair or replacement costs)[cite: 1];
- provide premises facility for housing the SD-WAN edge device to which Service is provided and installed on the Customer Premises, including, without limitation, suitable and secure environment and stable power supply[cite: 1];
- be responsible for working directly with the CPW service providers for service restoration and troubleshooting that relate to the CPW if Customer has not subscribed CPW support service[cite: 1];
- be responsible for the virtualization platform hosting the virtual SD-WAN edge device, including but not limited to daily operation, maintenance and trouble-shooting for the equipment used in the virtualization platform[cite: 1];
- agree to comply with any relevant terms and conditions as may be imposed by the Third Party Suppliers (the “Third Party Terms”)[cite: 1]. To the extent that any Services provided under these Specific Terms are governed by any Third Party Terms (e.g. an end user license agreement of the WAN connection (s) such as the local Internet line), then such Third Party Terms shall be applied to the Customer in addition to the terms of these Specific Terms and the Customer shall be responsible for complying with those Third Party Terms[cite: 1]. Any violation of these Third Party Terms will be deemed a breach of the Service Agreement and the Company may at its discretion suspend the Services and require the Customer to pay a reinstatement fee to resume the Service[cite: 1]; and
- have no right to sublicense or resell the Service to any third party without the prior consent from the Company[cite: 1].
3. CUSTOMER PROVIDED WAN CONNECTION, CUSTOMER EQUIPMENT, CUSTOMER SOFTWARE AND CUSTOMER SELF-SERVICE CONFIGURATION MANAGEMENT
The Company is not liable to the Customer for any delay in provisioning or restoration of the Service if any such delay is caused by the faults of or found to lie with the CPW or Customer Equipment or Customer Software or Customer Self-service Configuration Management whether on the management web portal or via the API[cite: 1].
In the event of a failure of the Service, the Company will correct such fault up to and including the SD-WAN edge device and WAN connections that the Customer has subscribed as indicated on the Order Form[cite: 1]. For the avoidance of doubt, the Company shall have no responsibility for correcting a fault, which is caused by or found to lie with the CPW or Customer Equipment or Customer Software[cite: 1].
In the event of a failure of the Service due to Customer Self-service Configuration Management, whether on the management web portal or via the API, the Company will restore the configuration to the last known working backup[cite: 1].
4. SERVICE LEVELS
The Company will use its reasonable efforts to provide the Service at the Service Levels as specified in this Clause 4[cite: 1].
PCCW Global offers two (2) different Service Levels based on the Customer’s location for the application of Service Levels[cite: 1]. Details of the Service Levels (including “SLA-Group 1” and “SLA-Group 2” as well as the locations covered) are specified in Appendix 1 hereto[cite: 1].
The Service Levels are defined and measured per “Service Point”, which means the hand-over point of the Service to the Customer’s LAN and represents the consolidated availability of the SD-WAN edge devices and the WAN connections[cite: 1].
The Service Levels comprise of the initial Service Provision Guarantee as set out in Clause 4.2 and the Service Availability Guarantee of the Service Point as set out in Clause 4.3[cite: 1].
4.2 Service Provision Guarantee
The Company will notify Customer the ready for service (“RFS”) date of each Service Point upon the Company’s acceptance of the Order Form[cite: 1]. If the Customer’s location is under the lists of SLA-Group 1 & SLA-Group 2 and the Company fails to meet the RFS date of the relevant Service Point, the Customer shall be entitled to a credit rebate provided that the Customer shall comply with its obligations under the Service Agreement, the relevant Order Form and these Specific Terms[cite: 1]. The credit rebates for failure to meet the Service Provision Guarantee is a one-time payment calculated as a percentage of the monthly Recurring Charge for the Service Point affected[cite: 1].
Credit for Service Provision Guarantee
Applicable to all Service Packages[cite: 1]
| No. of full Business Days of delay | Credit (based on monthly Recurring Charge for the Service Point affected) |
|---|---|
| 1 – 10 full Business Days[cite: 1] | 5%[cite: 1] |
| Over 10 full Business Days[cite: 1] | 10%[cite: 1] |
4.3 Service Availability Guarantee
For each Service Point, Customer will order various types of WAN connections and with single active SD-WAN edge device or dual active SD-WAN edge devices depending on the actual application needs[cite: 1]. The Company will provide different service availability target (“Service Availability Target”) based on the Service Package that the Customer has ordered[cite: 1].
For clarity, the Customer’s entitlement to the Service Availability Guaranty is subject to the following conditions:
- The WAN connection mentioned in the Service Package shall be ordered through the Company[cite: 1];
- For any Service Point with CPW only, Customer shall subscribe the CPW support service, otherwise the Service Availability Guarantee is not applicable[cite: 1].
The Service Availability Target is calculated as follows:
((Number of minutes in a calendar month – Number of minutes of Outages in a calendar month) / Number of minutes in a calendar month) x 100%[cite: 1]
Outage means failure of the Service for the affected Service Point which does not include the downtime arises from planned/urgent maintenance[cite: 1]. The failure of the Service means:
- simultaneous failure of the active SD-WAN edge device(s) for the affected Service Point[cite: 1]; or
- simultaneous failure of all ordered WAN connections and CPW (provided that the Customer has subscribed the CPW support service) for the affected Service Point[cite: 1].
| Service Package | Setup in Service Point | Service Availability Guarantee (SLA-Group 1/SLA-Group 2) |
|---|---|---|
| Standard Package[cite: 1] | Single active SD-WAN edge device with Single standby SD-WAN edge device at least one WAN connection[cite: 1] | 99%/96%[cite: 1] |
| Business Package[cite: 1] | Dual active SD-WAN edge device at least two WAN connections[cite: 1] | 99.95%/99.5%[cite: 1] |
| Premium Package[cite: 1] | Dual active SD-WAN edge device with Single standby SD-WAN edge device at least two WAN connection[cite: 1] | 100%/99.9%[cite: 1] |
In the event that the Company fails to meet the Service Availability Target in a calendar month, the Customer shall be entitled to claim a credit equal to the percentage of the monthly Recurring Charge of the affected Service Point for that calendar month as its sole and exclusive remedy[cite: 1].
In case there is any misalignment or discrepancy between the set-up and the Service Package at any Service Point, the Customer will be entitled to the Service Availability Guarantee for the Standard Package if there is one WAN connection ordered via the Company[cite: 1].
Applicable to Service Level SLA-Group 1:
| Service Package | Service Availability (A)/ Credit Rebate (based on monthly Recurring Charge for the Service Point Affected) | ||
|---|---|---|---|
| Standard Package[cite: 1] | 97%<=A<99% / 3%[cite: 1] | 95%<=A<97% / 5%[cite: 1] | Less than 95% / 8%[cite: 1] |
| Business Package[cite: 1] | 98.5%<=A<99.95% / 5%[cite: 1] | 96.95%<=A<98.95% / 10%[cite: 1] | Less than 96.95% / 25%[cite: 1] |
| Premium Package[cite: 1] | 99%<=A<100% / 10%[cite: 1] | 97%<=A<99% / 25%[cite: 1] | Less than 97% / 50%[cite: 1] |
Applicable to Service Level SLA-Group 2:
| Service Package | Service Availability (A)/ Credit Rebate (based on monthly Recurring Charge for the Service Point Affected) | ||
|---|---|---|---|
| Standard Package[cite: 1] | 94%<=A<96% / 2%[cite: 1] | 92%<=A<94% / 3%[cite: 1] | Less than 92% / 5%[cite: 1] |
| Business Package[cite: 1] | 98.5%<=A<99.5% / 5%[cite: 1] | 96.5%<=A<98.5% / 8%[cite: 1] | Less than 96.5% / 10%[cite: 1] |
| Premium Package[cite: 1] | 98.9%<=A<99.9% / 8%[cite: 1] | 96.9%<=A<98.9% / 15%[cite: 1] | Less than 96.9% / 25%[cite: 1] |
5. SERVICE TERM
Upon expiration of the Minimum Contract Period, the Service term for SD-WAN edge device(s) located at the Customer Premises (both virtual and physical) shall automatically renew on a year-to-year basis unless and until terminated by either Party by giving not less than written notice not less than two (2) months prior to the expiry of the Minimum Contract Period or the then-current renewal term, or in accordance with the terms and conditions of the Service Agreement[cite: 1].
6. SECURITY VULNERABILITY AND EQUIPMENT UPGRADE
Where applicable, the Company may advise the Customer to upgrade and enhance the security level of the Managed SD-WAN edge device(s), in order to reduce or eliminate its security vulnerabilities and the associated risks, including but not limited to, unauthorized access, data breaches, viruses and network disruptions which may compromise the integrity, confidentiality, and availability of the Customer’s network and data[cite: 1]. The Charges for the upgrade will be agreed between the Parties in writing[cite: 1].
If the Customer chooses not to upgrade the Managed SD-WAN edge device(s), despite the Company’s above advice, the Customer shall:
- Promptly notify the Company in writing of its refusal[cite: 1]; and
- Be deemed to have agreed to release, waive, and discharge the Company, its officers, directors, employees, agents, and Affiliates from any and all liabilities, losses, damages, costs, claims, demands, actions, or causes of action arising out of or in connection with any security vulnerabilities, service outage, unavailability or delay, or any other incidents caused by the Managed SD-WAN edge device(s)[cite: 1].
The Customer agrees to indemnify, defend, and hold harmless the Company from and against any and all claims, losses, damages or costs arising from or in connection with any security incidents as a result of the Customer’s refusal or delay in proceeding with the recommended security upgrade[cite: 1].
7. EXCLUSIONS
The Customer shall not be entitled to claim any credit rebate in relation to the Service Levels in Clause 4 where the failure in achieving the Service Levels is due to any of the following events:
- Any act or omission by the Customer or its agents, resulting in the late installation of the Service including but not limited to non-availability of the Customer at times necessary for testing or connection or amendments to the original Order Form after confirmation of the Order Form[cite: 1];
- Any suspension of the Service in accordance with the Service Agreement[cite: 1];
- The Customer fails to complete cabling facilities specifically requested by the Company in time after receiving notice of the delivery of the Service from the Company[cite: 1];
- Any maintenance including, without limitation, routine, planned, scheduled or emergency maintenance of the Service or Network notified to the Customer[cite: 1];
- The Customer’s refusal to implement security upgrade under Clause 6[cite: 1];
- Any delay in provisioning of or any fault in or service quality issue with any CPW, Customer Equipment or other equipment or software that does not form part of the Service, or Customer Self-service Configuration Management whether on the management web portal or via the API[cite: 1];
- Any unauthorised change made to the SD-WAN edge device by the Customer[cite: 1];
- Any interruption to the Service agreed by the Company and the Customer[cite: 1];
- The Customer is unable to release the Service for maintenance[cite: 1];
- Temporary installations[cite: 1];
- Any power outage at the Customer Premises[cite: 1];
- The Customer Premises are inaccessible[cite: 1];
- Weather constraints which include but not limited to typhoon warnings, thunderstorms, black rain storms and any other weather conditions which may affect the safety of the Company’s staff to carry out service provision, repair or restoration duties[cite: 1]; and
- Force Majeure Event[cite: 1].
8. CLAIM FOR REBATE
Each Service Level applies, in respect of each Service provisioned under these Specific Terms, on and from the Service Commencement Date[cite: 1]. In no event shall the total amount of credit issued to the Customer in any calendar month exceed 50% of the monthly Recurring Charge for the Service Point being affected[cite: 1]. For the avoidance of doubt, all such credit rebates are receivable only as a deduction from the monthly Recurring Charges and shall not be receivable in the form of money payment[cite: 1].
A claim for a rebate must:
- be sent in writing to the Company within thirty (30) calendar days in which the event giving rise to the claim for the rebate occurred[cite: 1]; and
- provide relevant details, including:
- customer reference number[cite: 1];
- trouble ticket number issued by the Global Services Operations Centre (GSOC) for the relevant claim[cite: 1];
- the date and time of the Service issue was reported and resolved[cite: 1];
- customer contact details, and[cite: 1];
- the kind of rebate claimed (i.e. rebate for failure to meet the Service Availability Guarantee)[cite: 1].
9. REBATE PAYMENT AND SERVICE LEVEL DISPUTES
If the Company is in breach of any Service Levels under these Specific Terms, the Company shall provide the Customer with the applicable credit rebate in the invoice for the calendar month following receipt of the Customer’s written claim for the rebate or, if not practicable, in the invoice for the following calendar month[cite: 1].
Any claim for a rebate must comply with the requirements set out in these Specific Terms[cite: 1]. If the Customer fails to make a claim in accordance with those requirements, the Customer is taken to have unconditionally and irrevocably waived its right to:
- claim the rebate[cite: 1]; and
- make any claim against the Company in respect of the Company’s failure to achieve the Service Levels as the case may be[cite: 1].
Any disputes relating to the Service Levels shall be handled in accordance with the Service Agreement and these Specific Terms[cite: 1].
10. Definition
In these specific terms,
- API means an application programming interface via which the Customer may view and manage the Service[cite: 1].
- Business Day means a day other than a Saturday, Sunday or public holiday in the country where the Services are performed[cite: 1].
- Co-management Service means a service model in which the Customer is granted permission and is responsible to perform Customer Self-Service Configuration Management for features of the Service within the specified scope[cite: 1].
- Company means the service providing company that has entered into the Agreement with the Customer, as more particularly specified in the Service Agreement and the relevant Order Form[cite: 1].
- Customer Premises (also known as Premises) means the location where the Service is installed[cite: 1].
- Customer Provided WAN Connection(s) (CPW) has the meaning ascribed to it in Clause 1.4(b)[cite: 1].
- Customer Software means Customer owned and managed software applications that run in the Customer’s network[cite: 1].
- Customer Self-Service Configuration Management means a change to the configuration of the SD-WAN edge device made by the Customer, or made by the Company at Customer’s request on the management web portal or via the API under the Co-management Service model[cite: 1].
- Determination has the meaning ascribed to it in Clause 1.3(b)(ii)(A)[cite: 1].
- Fault Report Day has the meaning ascribed to it in Clause 1.3(b)(ii)(A)[cite: 1].
- Global Services Operations Centre (or GSOC) means the Company’s service operations centre which provides a helpdesk facility for the Customer in respect of the Service to make general enquiries and report faults regarding the Service, and which is responsible for issuing trouble tickets and fault management in respect of the relevant claims[cite: 1].
- High Availability (HA) means both SD-WAN edge devices in pairs are active and processing traffic and work synchronously to handle session setup and session ownership[cite: 1].
- Next Business Day Response Level has the meaning ascribed to it in Clause 1.3(b)(ii)(A)[cite: 1].
- Outage has the meaning ascribed to it in Clause 4.3[cite: 1].
- Point of Contact (POC) means a person authorized by the Customer to be the contact point of the Company[cite: 1].
- Recurring Charge means the periodical Charge payable by the Customer to the Company in respect of the Service provided by the Company to the Customer[cite: 1].
- Same Day Four Hour Response Level has the meaning ascribed to it in Clause 1.3(b)(ii)(B)[cite: 1].
- SD-WAN means Software Defined Wide Area Network; a technology that distributes network traffic across Wide Area Network (WAN) that uses software defined networking concepts to automatically determine the most effective way to route traffic between designated sites[cite: 1].
- SD-WAN Gateway is a network equipment installed in Company’s MPLS network infrastructure to enhance the performance between two (2) sites with SD-WAN edge device(s) and fixed or mobile Internet connection(s)[cite: 1].
- Service Availability Guarantee is more particularly defined in the Table under Clause 4.3[cite: 1].
- Service Availability Target has the meaning ascribed to it in Clause 4.3[cite: 1].
- Service Package(s) has the meaning ascribed to it in Clause 1.2[cite: 1].
- Service Point has the meaning ascribed to in Clause 4.1[cite: 1].
- Service Provision Guarantee has the meaning ascribed to it in Clause 4.2[cite: 1].
- Stateful Firewall means a network firewall that monitors the state of active connections and uses this information to determine which network packet to allow through the SD-WAN edge device[cite: 1].
- Third Party Terms has the meaning ascribed to it in Clause 2.1(m)[cite: 1].
- Virtual Network Function (VNF) means virtualized tasks formerly carried out by proprietary, dedicated hardware which move individual network functions out of dedicated hardware devices into software that runs on SD-WAN edge device[cite: 1].
- Wide Area Network (WAN) means a geographically distributed private telecommunication network that interconnects multiple local area networks[cite: 1].
Schedule 1A
If Global Internet Access Service (GIA) is being ordered by Customer for the use of Managed SD-WAN Service, Customer agrees to be bound by the prevailing Specific Terms for IP Transit Service and Global Internet Access Service[cite: 1].
To the extent relating to the GIA Services to be provided in conjunction with the Managed SD-WAN Service, all the Clauses in the prevailing Specific Terms for IP Transit Service and Global Internet Access Service shall be applicable except for the following[cite: 1]:
- The following Clauses will be superseded by the relevant Clauses in these Specific Terms for Managed SD-WAN Service[cite: 1]:
- Clause 4.1 – Service Provision Guarantee[cite: 1]
- Clause 4.2 – Service Availability Guarantee[cite: 1]
- Clause 4.6 – Claim for Rebate[cite: 1]
- Clause 7.1 (Definition of Service Credit) in the prevailing Specific Terms IP Transit Service and Global Internet Access Service will be amended as follows[cite: 1]:
“Service Credit means, 1 Service Credit will be equivalent to 1% of the monthly Recurring Charge for of the affected Service Point.”[cite: 1]
Schedule 1B
If MPLS VPN Service is being ordered by Customer for the use of Managed SD-WAN Service, the Customer agrees to be bound by the prevailing Specific Terms for MPLS VPN Service[cite: 1].
To the extent relating to the MPLS VPN Services to be provided in conjunction with the Managed SD-WAN Service, all the Clauses in the prevailing Specific Terms for MPLS VPN Services shall be applicable except for the following[cite: 1]:
- The following Clauses in the prevailing Specific Terms for MPLS VPN Services will be superseded by the relevant Clauses in these Specific Terms for Managed SD-WAN Service[cite: 1]:
- Clause 4.2 – Service Provision Guarantee[cite: 1]
- Clause 4.3 – Service Availability Guarantee[cite: 1]
- Clause 6 – Claim for Rebate[cite: 1]
- Clause 7 – Rebate Payment and Service Level Disputes[cite: 1]
- Clause 9.1 (Definition of Service Credit) of the prevailing Specific Terms for MPLS VPN Services will be amended as follows[cite: 1]:
“Service Credit means, 1 Service Credit will be equivalent to 1% of the monthly Recurring Charges for the affected Service Point.”[cite: 1]
Appendix 1
Note:
In compliance with any Applicable Laws (including Export Laws), the Company’s ability to deliver the relevant Services, technology, or equipment to certain countries listed in this Appendix 1(or to the entities or persons in those countries) are subject to, and conditioned upon, the necessary licenses, approvals, authorizations or permits to be obtained from the relevant Government authorities[cite: 1]. If provision of the Services, technology or equipment to any of these countries (or persons or entities in these countries) is not permitted or is sanctioned under any Applicable Laws, the affected country(ies) shall be deemed removed from this Appendix 1, but without affecting the legality, validity and enforcement of all other provisions of these Specific Terms[cite: 1].
The eligible city(ies) covered by SLA-Group 1 and SLA-Group 2 shall be subject to feasibility assessment before Service ordering[cite: 1].
Service Level SLA-Group 1
Table A – Locations included in Service Level SLA-Group 1
| Asia[cite: 1] | |||
|---|---|---|---|
| China[cite: 1] | Hong Kong[cite: 1] | Japan[cite: 1] | South Korea[cite: 1] |
| Singapore[cite: 1] | Taiwan[cite: 1] | ||
| Europe[cite: 1] | |||
| Austria[cite: 1] | Belgium[cite: 1] | Denmark[cite: 1] | France[cite: 1] |
| Germany[cite: 1] | Greece[cite: 1] | Italy[cite: 1] | Netherlands[cite: 1] |
| Portugal[cite: 1] | Spain[cite: 1] | Sweden[cite: 1] | Switzerland[cite: 1] |
| United Kingdom[cite: 1] | |||
| Middle East[cite: 1] | |||
| Qatar[cite: 1] | Saudi Arabia[cite: 1] | UAE[cite: 1] | |
| Americas[cite: 1] | |||
| Canada[cite: 1] | USA[cite: 1] | ||
| Oceania[cite: 1] | |||
| Australia[cite: 1] | New Zealand[cite: 1] | ||
Service Level SLA-Group 2
Table B – Locations included in Service Level SLA-Group 2
| Asia[cite: 1] | |||
|---|---|---|---|
| Bangladesh[cite: 1] | Bhutan[cite: 1] | Cambodia[cite: 1] | India[cite: 1] |
| Indonesia[cite: 1] | Malaysia[cite: 1] | Nepal[cite: 1] | Pakistan[cite: 1] |
| Philippines[cite: 1] | Sri Lanka[cite: 1] | Thailand[cite: 1] | Vietnam[cite: 1] |
| CIS[cite: 1] | |||
| Kazakhstan[cite: 1] | Russia[cite: 1] | Ukraine[cite: 1] | |
| Europe[cite: 1] | |||
| Bulgaria[cite: 1] | Poland[cite: 1] | Romania[cite: 1] | Serbia[cite: 1] |
| Turkey[cite: 1] | |||
| Americas[cite: 1] | |||
| Argentina[cite: 1] | Bolivia[cite: 1] | Brazil[cite: 1] | Chile[cite: 1] |
| Columbia[cite: 1] | Mexico[cite: 1] | Paraguay[cite: 1] | Peru[cite: 1] |
| Uruguay[cite: 1] | |||
| Africa[cite: 1] | |||
| Algeria[cite: 1] | Angola[cite: 1] | Botswana[cite: 1] | Cameroon[cite: 1] |
| Cote D’Ivoire[cite: 1] | Djibouti[cite: 1] | Egypt[cite: 1] | Ethiopia[cite: 1] |
| Ghana[cite: 1] | Ivory Coast[cite: 1] | Kenya[cite: 1] | Madagascar[cite: 1] |
| Malawi[cite: 1] | Mauritius[cite: 1] | Morocco[cite: 1] | Mozambique[cite: 1] |
| Namibia[cite: 1] | Nigeria[cite: 1] | Senegal[cite: 1] | South Africa[cite: 1] |
| Tanzania[cite: 1] | Tunisia[cite: 1] | Uganda[cite: 1] | Zambia[cite: 1] |
| Oceania[cite: 1] | |||
| Fiji[cite: 1] | Papua New Guinea[cite: 1] | ||
