Specific Terms For Console Connect Port Service

    These Specific Terms for Console Connect 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.

    If the Service involves a Port located in the mainland China, additional terms and conditions set out in further general terms and conditions in mainland China will apply.

      1. DEFINITIONS

        1.1 In these Specific Terms
        Activated means once Console Connect Port is physically connected to the Customer Equipment through Customer Access so that the Console Connect Port is 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.
        Customer Access means Ethernet Local Access that is provided and managed by the Customer.
        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 Equipment means the Customer owned and managed network equipment installed at Customer Premises sending Ethernet packets to and from the Service for a specific Customer Premises.
        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 or cross connect 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.
        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 Port service (“Service”) which is 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 If the Company accepts the Customer’s online Order Form for the Service, then:
          (a) within 48 business hours, the Company will issue a Letter Of Authorization (“LOA”) to the Customer; and
          (b) the Port will be reserved for the Customer for a period of 14 days from the date of the Port order (“Reservation Period”).
        2.4 The Customer is required to provide the Ethernet Local Access under the Customer’s own cost and arrangement and such Ethernet Local Access provided by the Customer shall be regarded as Customer Access. For the avoidance of doubt, Customer Access shall not be part of the Service and the Company shall not be responsible for correcting a fault in or restoring any Customer Access or for any liability to Customer or any third party arising from or in connection with the Customer Access.
        2.5 If the Customer has not Activated the Service or does not provide an LOA to the Company as part of the Console Connect Port provisioning process during the Reservation Period, the Company may charge Customer the applicable port fee.
        2.6 The Port is considered Activated and in service once Customer Access has been established.
        2.7 Service Commencement Date is the date when the Service is Activated.
        2.8 The Customer may cancel the Service Order Form without liability prior to the Service Commencement Date. 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) carry out adjustments, modifications, alterations, repairs or replacements, at its own expense to any Customer Equipment and/or Customer Access which is connected to the Service and/or Equipment, when so required by the Company;
          (b) 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 Equipment and/or Customer 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; and
            (iv) any network, equipment and applications not provided by and/or managed by the Company that interface with the Service and/or Equipment; and

      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 Access, Customer 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 Access, 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.

        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 LEVELS (SLA-V1 and SLA-V2)

          The Company offers two (2) different Service Levels based upon the location of the Customer Premises for the applicable service level guarantees of the Service. The Service Levels are SLA-V1 and SLA-V2 and the locations covered under each Service Level are specified in Appendix 1, which is attached hereto and incorporated into the Specific Terms.

            5.2 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) Service Availability Level is available if the Service is related to a Console Connect Port at Customer Premises in locations included in Service Level SLA-V1 or SLA-V2.
                (d) The Service Availability is calculated as follows:
                (Number of minutes in a calendar month – Number of minutes of Outages in 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 (Standard Scheme)

            Credit for Service Availability Level (Standard Scheme)
              Applicable to Service Level SLA-V1
            Service Availability (A) Credit (Percentage of one month’s Recurring Charge of Console Connect  Port)
            99.9%<= A < 99.99% 2.5%
            99.7% <= A < 99.9% 5%
            98% <= A < 99.7% 10%
            Less than 98% 20%
              Applicable to Service Level SLA-V2
            Service Availability (A) Credit  (Percentage of one month’s Recurring Charge of Console Connect Port)
            99% <= A < 99.5% 2.5%
            98% <= A < 99% 5%
            Less than 98% 10%

            5.3 MEAN-TIME-TO-RESTORE

            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. EXCLUSIONS

            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 any Local Access/Circuits, 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 Local Access/Circuits, 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 caused by the Customer not releasing the Service for testing;

            (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.

               

            APPENDIX 1

             

            Notes:

             
            1. 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. 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.
             
            1. The eligible city(ies) covered by SLA-V1 and SLA-V2 shall be subject to feasibility assessment before Service ordering.
            Service Level SLA-V1
            Table A - Locations included in Service Level SLA-V1
            Locations included in Service Level SLA-V1
            Asia
            Brisbane, Australia Perth, Australia Sydney, Australia Hong Kong, China
            Jakarta, Indonesia Tokyo, Japan Seoul, South Korea Kuala Lumpur, Malaysia
            Manila, Philippines Singapore Taipei, Taiwan Bangkok, Thailand
            Hanoi, Vietnam Ho Chi Minh City, Vietnam    
            Europe
            Sofia, Bulgaria Brussels, Belgium Gosselies, Belgium Paris, France
            Frankfurt, Germany Munch, Germany Athens, Greece Milan, Italy
            Amsterdam, Netherlands Bucharest, Romania Belgrade, Serbia Stockholm, Sweden
            Zurich, Switzerland London, United Kingdom    
            Middle East
            Doha, Qatar Dubai, UAE Fujairah, UAE Aqaba, Jordan
            Casablanca, Morocco Jeddah, Saudi Arabia    
            Africa
            Abidjan, Cote D’Ivoire Cairo, Egypt Accra, Ghana Mombasa, Kenya
            Nairobi, Kenya Maputo, Mozambique Lagos, Nigeria Cape Town, South Africa
            Johannesburg, South Africa Dar Es Salam, Tanzania Lusaka, Zambia Kampala, Uganda
            Americas
            USA
            Ashburn, VA Atlanta, GA Chicago, IL Dallas, TX
            Los Angeles, CA Miami, FL New York, NY Reston, VA
            San Jose, CA Seattle, WA    
            Latin Americas
            Buenos Aires, Argentina Sao Paulo, Brazil Santiago, Chile Bogota, Colombia
            Mexico City, Mexico Panama City, Panama Lima, Peru  
            Canada
            Toronto      
              Service Level SLA-V2 Table B - Locations included in Service Level SLA-V2  
            Locations included in Service Level SLA-V2 (All cities in the specified country except the city/cities of the respective country included in Service Level SLA-V1)
            Asia
            Bangladesh Bhutan China (Mainland) India Indonesia
            Japan Malaysia Nepal Pakistan Philippines
            South Korea Sri Lanka Taiwan Thailand Vietnam
            CIS
            Armenia Azerbaijan Belarus Belorussia Georgia
            Kazakhstan Kyrgyzstan Russia Ukraine Uzbekistan
            Middle East
            Afghanistan Bahrain Iran Iraq Israel
            Jordan Kuwait Oman Palestine Qatar
            Saudi Arabia Syria UAE    
            Europe
            Albania Austria Belgium Bosnia-Herzegovina Bulgaria
            Croatia Cyprus Czech Republic Denmark Estonia
            Finland France FYROM Germany Greece
            Hungary Ireland Italy Latvia Liechtenstein
            Lithuania Malta Monaco Montenegro Netherlands
            Norway Poland Portugal Romania Serbia
            Slovakia Slovenia Spain Sweden Switzerland
            Turkey United Kingdom      
            Americas
            Argentina Brazil Canada Chile Columbia
            El Salvador Honduras Mexico Nicaragua Panama
             Peru U.S.A. Uruguay Venezuela  
            Africa
            Algeria Angola Botswana Burundi Cameroon
            Chad Cote D’Ivoire Egypt Equatorial Guinea Ethiopia*
            Gabon Ghana Guinea Kenya Lesotho
            Liberia Libya Madagascar Malawi Mali
            Mauritius Morocco Mozambique Namibia Niger
            Nigeria Republic of Guinea Rwanda Senegal Sierra Leone
            South Africa Tanzania The Gambia Tunisia Uganda
            Zambia Zimbabwe      
            Oceania
            Australia Cook Islands Fiji Kiribati New Caledonia
            New Zealand Niue Norfolk Papua New Guinea Samoa
            Solomon Island Tonga Vanuatu