These Specific Terms for Console Connect Edge Port Service (the “ Specific Terms”), which both the Company (as defined in clause 1 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 agreed between the Company and the Customer (the “Agreement” or “ Service Agreement”). Capitalized terms used herein and not otherwise defined shall have the meaning set forth in the Service Agreement.
1.1 In these Specific Terms
Activated means once the Ethernet Local Access is available to connect to the Customer End Point Equipment so that the Console Connect Edge Port can be enabled and ready to be used for creating Connections.
Broadcast Storm means a circulation of broadcast and multicast packets around the network.
Company means the service providing company that has entered into the Agreement with the Customer, as more particularly specified in the Service Agreement.
Console Connect Application means the web application, API, and mobile application.
Console Connect L2 Connection (or Connection) means an Ethernet virtual connection created on the Console Connect Platform between two Console Connect Ports.
Console Connect Port or Port means a UNI at network PoP’s PE Router that is under the control of the Console Connect Application.
Console Connect Edge Port means Ethernet Local Access that is provided by the Company, either directly or through a Third Party.
Customer Edge Router or CE Router means the edge router installed at Customer Premises routing IP packets to and from the Console Connect Port for a specific Customer Premises.
Customer End Point Equipment means the Customer owned and managed network equipment (switch or router) installed at Customer Premises sending Ethernet packets to and from the Service for a specific Customer Premises with EVC management functionality.
Customer Premises (also known as Premises) means the location where the Console Connect Port is accessed from.
Customer Service Portal means the website provided by the Company to the Customer who can gain access to review the PoP-to-PoP performance of their Service such as jitter, transit delay, packet delivery and availability.
Customer Software means Customer owned and managed software applications that run in the Customer’s network.
Equipment means network equipment owned and managed by the Company that is the physical demarcation point of the Service.
Ethernet Local Access means a local loop circuit which is an Ethernet transmission capacity connecting the Customer Premises to the Provider Edge Router.
Ethernet Virtual Connection (or EVC) means the connection connecting the UNIs or connecting the Customer End Point Equipment to the UNI.
Console Connect Customer Support Team 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.
Installation Charge means the one-time Charge payable by the Customer to the Company in respect of the Service.
IP means the Internet protocol which is the transmission protocol for communicating within a network.
Letter of Authorisation (or LOA) means a document provided by the Company to the Customer or by the Customer to Company as part of the Console Connect Port provisioning process. The LOA authorizes the data center provider to provision a cross connect to the Service Demarcation Point as specified in the relevant LOA.
Local Access (also known as Local Circuit or Local Loop or Local Line) means a local loop circuit which is a local transmission capacity connecting the Customer Premises to (a) the Provider Edge (PE) Router in the same country as the Customer site; or (b) an international gateway (operated by the Company or Operator) which is, in turn, connected to the Provider Edge (PE) Router in another country; or (c) Internet, i.e. Internet link, which is, in turn, connected to the Provider Edge (PE) Router using IP Security (IPSec) protocol and with fixed public IP address.
Mean-Time-To-Restore (MTTR) means the average time to restore the Service between the Provider Edge Routers in the Network. MTTR is computed by dividing the aggregate time to restore the Service in a calendar month by the total number of outages identified by the Company’s trouble ticket system in that calendar month.
Network Outage means the service between the PE Routers in the Network being not available.
Outage means situation where Customer Premises is unable to connect with the Service through the Console Connect Application provided by the Company.
Packet Delivery means the percentage of packets that are successfully transported on a PoP-to-PoP Route by sampling the number of ping IP packets successfully transported between the test routers attached to the PE Routers in a calendar month at five minutes interval.
Point of Contact (POC) means a person authorized by the Customer to be the contact point of the Company.
PoP means the Company’s or other operator’s Point of Presence.
PoP-to-PoP Route means the transmission path from one PoP to another PoP.
Provider Edge Router (or PE Router) means the edge router(s) assigned by the Company to which the Service will be connected at the Service Demarcation Point.
Round Trip Delay means the measurement of two-way network delay of a PoP-to-PoP Route in milliseconds by sampling ping IP packets (not less than 64 bytes) sent between the test routers attached to the PE Routers in a calendar month at five minutes interval.
Service(s) has the meaning ascribed to it in clause 2 of these Specific Terms.
Service Availability means the percentage of time a specific Customer Premises is able to connect with the Service in any calendar month, as more particularly defined in clause 4.3.
Service Demarcation Point means the point where the Company’s Service(s) ends.
UNI means User Network Interface at network PoP’s PE Router.
2. SERVICE DESCRIPTION
2.1 The Company shall provide the Console Connect Edge Port service (“Service”) which is an Ethernet Local Access circuit connected to a physical Ethernet User Network Interface (UNI).
2.2 The Customer may order the Service online through the Console Connect Application online Order Form.
2.3 The Console Connect Edge Port is considered Activated and in service once the Ethernet Local Access is activated.
2.4 Service Commencement Date is the date when the Service is Activated.
2.5 If Customer cancels the Service Order Form prior to the Service Commencement Date, Customer shall be liable for any cancellation fee charged by the Third Party Provider. Cancellation Charge will otherwise apply in accordance with the Service Agreement.
3 CUSTOMER’S OBLIGATIONS
3.1 In addition to the obligations set forth in the Service Agreement, the Customer shall:
(a) provide the Customer End Point Equipment
(b) carry out adjustments, modifications, alterations, repairs or replacements, at its own expense to any Customer End Point Equipment which is connected to the Service and/or Equipment, when so required by the Company;
(c) establish and maintain, for the duration of the Agreement, reasonable and adequate security policies, operating procedures, standards and measures with respect to:
(i) the Equipment which is used in connection with the provision of the Service;
(ii) the Customer End Point Equipment and/or Ethernet Local Access that interface with the Service and/or Equipment;
(iii) any network, equipment and applications not provided by and/or managed by the Company that interface with the Service and/or Equipment;
(iv) the control of Broadcast Storm within Customer’s network; and
(d) arrange for and cover any costs for wiring or other works required at the Customer Premise or within the building.
4. SERVICE LIMITATIONS
4.1 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 be in the Customer End Point Equipment or Customer Software.
4.2 The Company does not guarantee nor is liable for the security of traffic transmitted over any Service.
4.3 In the event of a failure of the Service, the Company will correct such fault up to and including the Console Connect Port and Equipment of the Service that the Customer has created through the order dialog. For the avoidance of doubt, the Company shall have no responsibility for correcting a fault, which is caused by or found to be in the Customer Equipment or Customer Software.
4.4 The Company may immediately suspend the Service if the Broadcast Storm from Customer’s network is affecting or reasonably suspected to be affecting the Company’s Network infrastructure.
4.5 The Console Connect Edge Port is an unprotected Ethernet Local Access service
4.6 The Console Connect Edge Port provides up to 5 EVCs. Company will make every effort to provide the EVC range requested by Customer but it is not guaranteed.
4.7 In the event the Console Connect Edge Port is provided by a third party, and after a site survey it is deemed that service is not available at the Customer Premises, Company may cancel the Service with no further obligation.
4.8 The estimated installation times provided at the time of ordering are estimates only. Company will use its best efforts to deliver within such timeframe but it is not guaranteed.
5. SERVICE LEVELS
The Company will use its reasonable efforts to provide the Service in accordance with the Service Levels as specified in this clause 5.
5.1 SERVICE AVAILABILITY LEVEL
(a) The Company shall use its reasonable efforts to ensure that the Service Availability shall be 99.99% in any calendar month for the Service.
(b) In calculation of the Service Availability, an Outage will be deemed to commence at the time the Company records it being reported by the Customer to Console Connect Customer Support Team and shall conclude at the time the Company records the Service as being restored.
(c) The Service Availability is calculated as follows:
(Number of minutes in a calendar month – Number of minutes of Outagesin a calendar month) x 100%
Number of minutes in a calendar month
(e) In the event that the Company fails to meet the Service Availability Level (Standard Scheme) in a calendar month, the Customer shall be entitled to claim a credit rebate equal to the percentage of the monthly Recurring Charge of the Console Connect Port of the affected Customer Premises for that calendar month as performance remedy in accordance with Table A –
Credit for Service Availability Level (Standard Scheme) (Table A) below.
Table A – Credit for Service Availability Level
|Service Availability (A)||Credit |
(Percentage of one month’s Recurring Charge of Console
|99% <= A < 99.5%||2.5%|
|98% <= A < 99%||5%|
|Less than 98%||10%|
In the event of a Network Outage to the Service, the Company will use its reasonable efforts to ensure the Mean-Time-To-Restore (MTTR) for such Service will not exceed four (4) hours from the time the Company records the Outage.
6.1 A Customer shall not be entitled to claim a credit rebate in respect of the Company’s failure to meet the Service Availability Level where the failure is due to any of the following:
(i) any suspension of the Service in accordance with the Service Agreement;
(ii) any failure of the Customer to observe agreed procedures or any relevant service guide;
(iii) any unauthorized change made to Equipment by the Customer;
(iv) any delay in provisioning of; or any fault identified as arising from a fault in; or service quality issue with CE Router, Customer Equipment or other equipment/services/software that does not form part of the Service;
(v) any delay in provisioning of; or any fault identified as arising from a fault in; or service quality issue with any CE Router, Customer Equipment, or other equipment/services/software that is not provided by the Company;
(vi) any fault or delay caused by third party that is beyond the control of the Company in Customer Premises;
(vii) the Customer’s failure in fulfilling its obligations in accordance with the Service Agreement. For the avoidance of doubt, the Customer shall not be entitled to any credit rebate for any affected Customer Premises during the period of its non-compliance with its obligations or breach of the Service Agreement;
(viii) any delay in provisioning the Service;
(ix) any delay in restoring the Service caused by the Customer not releasing the Service for testing and/or repair and the Customer continues to use the Service on an impaired basis;
(x) any abuse or fraud or failure to comply with an applicable authorized use policy, on the part of the Customer or its customers;
(xi) any Customer network change, any maintenance including, without limitation, routine, planned, scheduled and urgent maintenance or malfunction of network performance measurement device of the Service;
(xii) any power outage at Customer Premises;
(xiii) any fault or outage caused by the simultaneous failure of two or more international submarine cable paths, where the fault or outage would not have occurred if only one such cable had failed (except in the case of the Round Trip Delay where this exclusion applies in the case of a single international submarine cable path failure); or
(xiv) force majeure events.
7. CLAIM FOR CREDIT REBATE
7.1 Each Service Level applies, in respect of each Service provisioned under these Specific Terms, on and from the Service Commencement Date. In no event shall the total amount of credit rebate issued to the Customer in any calendar month exceed 50% of the monthly Recurring Charge of the Console Connect Port for the affected Service. For the avoidance of doubt, all such credit rebates are receivable only as a deduction from the Installation Charges and/or the monthly Recurring Charges and shall not be receivable in the form of money payment.
7.2 A claim for a credit rebate must:
(a) 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; and
(b) provide relevant details, including:
(i) customer reference number;
(ii) trouble ticket number issued by the Console Connect Customer Support Team. for the relevant claim;
(iii) the date and time of the Service issue was reported and resolved; and
(iv) customer contact details.
8. REBATE PAYMENT AND SERVICE LEVEL DISPUTES
8.1 If the Company is in breach of a Service Level under these Specific Terms, the Company shall credit the Customer with the applicable rebate in the invoice for the calendar month following receipt of the Customer written claim for the rebate or, if not practicable, in the invoice for the following calendar month.
8.2 Any claim for a credit rebate must comply with the requirements set out in these Specific Terms. 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:
(a) claim the credit rebate; and
(b) make any claim against the Company in respect of the Company’s failure to meet the Service Level as the case may be.
8.3 Service Level disputes shall be handled in accordance with the Service Agreement.
9. SERVICE COMPLIANCE
In compliance with any Applicable Laws (including Export Laws), the Company’s ability to deliver the relevant Services, technology, or equipment to certain countries (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. 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 the Service, but without affecting the legality, validity and enforcement of all other provisions of these Specific Terms.