SPECIFIC TERMS FOR INTERNET ON-DEMAND SERVICE

These Specific Terms for Internet On-Demand Service, which both the Company (as defined in clause 6.1 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 executed between the Company and the Customer (the “Service Agreement”). Any capitalized terms used herein and not otherwise defined shall have the meaning set forth in the Service Agreement.

 

1.         SERVICE DESCRIPTION

The Company shall provide Internet On-Demand Service (the “Service”) to the Customer as more specifically defined herein.

(a) The Service shall comprise the Console Connect Port(s) for IP transmission over the Network at the speed (or bandwidth or rate or data rate) set out in the Order Form.

(b) The Company grants to the Customer or its Affiliate a non-exclusive, non-transferable, revocable licence to use one (1) Console Connect Port IP Address and one (1) Customer Equipment IP Address in the Customer Equipment for the sole purpose of enabling the Customer Equipment to gain access to the Service. The Customer’s or its Affiliate’s licence to use the Console Connect Port IP Address and Customer Equipment IP Address shall terminate immediately upon the expiration of the Agreement or the termination of the Service in accordance with this Agreement. Customer shall assume responsibility and remain primarily liable for any material breach of such license or the terms of the Agreement by its Affiliate.

(c) Subject to the sole discretion of the Company and IP Address space availability, the Company will grant to the Customer or its Affiliate a non-exclusive, non-transferable, revocable licence to use additional IP Addresses for Customer’s own network usage (Additional LAN IP Addresses). To ensure the efficient use of Internet IP Addresses as required by the Regional Internet Registry (RIR), Additional LAN IP Addresses are assigned on actual need basis. The Customer needs to provide justifications and application details before the Company considers the assignment of Additional LAN IP Addresses. Notwithstanding the aforesaid, the assignment of Additional LAN IP Addresses is optional and is not a mandatory service component of the Service. The Customer’s or its Affiliate’s licence to use the Additional LAN IP Addresses shall terminate immediately upon the expiration of the Agreement or the termination of the Service in accordance with this Agreement. Customer shall assume responsibility and remain primarily liable for any material breach of such license or the terms of the Agreement by its Affiliate.

(d)In case the Company observes Distributed Denial of Service (DDoS) attack on the Console Connect Port subscribed by the Customer and the scale of such attack will cause adverse impact to the Network resulting in service degradation to other customers on the Network, the Company will, at its sole discretion and without prior notice, implement necessary actions to reduce the impact of such DDoS attack. These actions include, but are not limited to, the “Black Hole” of the IP Address(es) being attacked, or alteration to the routing of the traffic destined to the attacked IP Address(es). The Company also reserves the right to, and shall terminate the Service as required to protect the Network as a whole if such service-impacting DDoS attack occurs more than once in a calendar month. The Company shall not be liable to the Customer for any actions taken by the Company to reduce the impact of such DDoS attack including, without limitation, “Black Hole” of the IP Address(es) nor any delay or failure in resuming the normal routing of the traffic destined to the affected IP Address(es) nor termination of the Service for this cause.

 

2.         CUSTOMER’S OBLIGATIONS

In addition to the obligations set forth in the Service Agreement, Customer shall have the following obligations with respect to the Services:

(a) When the Customer advertises Customer IP Address(es) into the Console Connect Port(s), the Customer must ensure to only advertise Customer IP Address(es) with the Customer or the Customer’s subsidiary or affiliate being the Registered Owner of the Customer IP Address(es). The Company does not have any responsibility as a result of the Customer’s act to advertise Customer IP Address(es) with the Registered Owner not being the Customer or the Customer’s subsidiary or Affiliate.

(b) If Customer connects via BGP, Customer is responsible for obtaining and maintaining at all times a Local Internet Registry status and at least one (1) Autonomous System (‘AS’) Number (AS Number) from the relevant Regional Internet Registry (‘RIR’). In addition, Customer is responsible for ensuring the accuracy of all Customer-related information in the RIR database; ensuring that only Registered Routes are advertised; and ensuring that an exact match between its Registered Route and its BGP route advertisements is maintained.

(c) If Customer running BGP wishes to announce any new routes not provided to the Company at the time of the activation of the circuit, Customer must update the Company such new routes according to the Company’s IP prefix announcement policy

(d) Customer acknowledges that any routes not properly registered or announced will be automatically blocked by the Company.

(e) For those IP Addresses provided by the Company, Customer cannot announce these IP Addresses via another service provider to the Internet unless the Customer has obtained written consent from the Company of doing so.

(f) The Customer agrees to appoint a Network Administrator as the Customer’s authorised person to submit to the Company on the Customer’s behalf on the initial and on-going network configuration information for the Service, and on the change requests on the Service and shall act as Customer’s general contact to the Company on technical issues related to the Service. The Customer warrants to the Company that the Network Administrator appointed in accordance with this clause is duly authorised to act on the Customer’s behalf in relation to this Agreement.

(g) The Customer must establish and maintain, for the duration of this Agreement, reasonable and adequate security policies, operating procedures and standards with respect to:

(i) the authorization of the Network Administrator to make changes to the Customer’s security policy for the Service;the Customer’s routers that interface with the Service; and

(ii) any network, equipment and applications not provided by and/or managed by the Company which are connected to the Service.

(h) The Customer acknowledges that the Company cannot guarantee nor is it liable for the security of traffic or Customer content transmitted over the Service.

 

3.          CUSTOMER EQUIPMENT AND CUSTOMER SOFTWARE

In addition to the provisions of Customer Equipment of the Service Agreement, the Parties agree to the following:

(a) 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 Customer Equipment or Customer Software.

(b) In the event of a failure of the Service, the Company accepts the responsibility for correcting such a fault up to and including the Console Connect Port(s) provided by the Company as indicated on the Order Form. 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 Customer Equipment or Customer Software. Any fault which is caused by Customer Equipment or Software and is corrected by the Company shall be billed to the Customer at the actual costs incurred by the Company for such repair.

 

4.          SERVICE LEVEL GUARANTEE

The following Service Level Guarantee applies to the Service where the Customer Equipment connects with the Network with AS Number 3491 unless otherwise specified in the Order Form.

4.1      Service Availability Guarantee

(a) The Company will use its reasonable efforts to ensure the Service is available 99.99% within any calendar month during the term of the Agreement (Service Availability Guarantee).

(b) Service Availability is defined as the average of the availability values from the Service Provisioning Point to the Service Provisioning Point of each of the four Zones of the Network. The availability value from the Service Provisioning Point to each Zone in any calendar month is according to that measured by the Company and reported in the Customer Service Portal.

(c) In the event the Service Availability is below 99.99%, the Customer shall be entitled to the Service Credit(s) in accordance with Table 1 below.

 

Table 1

 

Service Availability in any calendar month Service Credit
>= 99.99% No Service Credit
>= 99.85% and < 99.99% 1 Service Credit
>= 99.50% and < 99.85% 2 Service Credits
>= 99.00% and < 99.50% 3 Service Credits
>= 97.85% and < 99.00% 6 Service Credits
>= 90.0% and < 97.85% 10 Service Credits
< 90.00% 15 Service Credits


Table 2.  Transit Delay Guarantee

 

Service Provisioning   Points Zones

(Target Average Transit Delay expressed in millisecond (ms))

America Asia Pacific Europe
Australia <= 360 ms <= 175 ms <= 420 ms
Canada  <=70 ms <=260 ms <=150 ms
France  <= 140 ms <= 390 ms <= 40 ms
Germany <= 160 ms <= 360 ms <= 40 ms
Greece <= 230 ms <= 425 ms <= 66 ms
Hong Kong <= 240 ms <= 70 ms <= 300 ms
Italy <= 165 ms <= 370 ms <= 40 ms
Japan <= 210 ms <= 80 ms <= 340 ms
Netherlands <= 160 ms <= 340 ms <= 40 ms
Singapore <= 290 ms <= 100 ms <= 310 ms
Sweden <= 185 ms <= 370 ms <= 40 ms
Taiwan <= 240 ms <= 75 ms <= 320 ms
UK <= 135 ms <= 330 ms <= 40 ms
US <=70 ms <=260 ms <=150 ms


4.2 Transit Delay Guarantee

 

(a) On and from the Service Commencement Date, the Average Transit Delay in any relevant Zone in a calendar month shall not exceed the Target Average Transit Delay for that Zone set out in Table 2 below (Transit Delay Guarantee)

 

(b) Transit Delay is measured from the Service Provisioning Point to the Service Provisioning Point of each of the four Zones of the Network in any calendar month. The value of Transit Delay in any calendar month is according to that measured by the Company and reported in the Customer Service Portal.

 

(c) In the event the Transit Delay between the Service Provisioning Point and a specific Zone in a calendar month exceeds the value as outlined in Table 2 below, the Customer shall be entitled to claim one (1) Service Credit for that Zone for that month.

 

4.3 Packet Delivery Guarantee

 

(a) On and from the Service Commencement Date, the Average Packet Delivery in any Zone set out in Table 3 in a calendar month shall be ninety-nine percent (99%) or higher for that Zone (Packet Delivery Guarantee).

 

(b) Packet Delivery is measured from the Service Provisioning Point to the Service Provisioning Point of each of the four Zones of the Network in any calendar month. The value of Packet Delivery in any calendar month is according to that measured by the Company and reported in the Customer Service Portal.

 

(c) In the event the Packet Delivery Guarantee is not met for a particular Zone in a calendar month, the Customer shall be entitled to claim Service Credit for that Zone for that month as set out in Table 3 below.

 

Table 3

 

Average Packet Delivery Service Credit
Less than 99% to 98% 1 Service Credit
Less than 98% to 95% 2 Service Credits
Less than 95%          2 Service Credits

 

4.4 Exclusions

 

 4.4.1    The Customer shall not be entitled to claim a Service Credit in relation to the Service Level Guarantee in this clause 4 where the failure in meeting the Service Level Guarantee is due to any of the following events:

 

(a) 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;

 

(b) 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;

 

(c) Any maintenance including, without limitation, routine, planned, scheduled or emergency maintenance of the Service or Network notified to the Customer;

 

(d) Any delay in provisioning of or any fault in or service quality issue with any Local Circuits or any other third party circuits, Customer Equipment or other equipment or software that does not form part of the Network;

 

(e) Any fault identified as arising from a fault in Customer Equipment;

 

(f) Any fault in third party networks, local or public Internet traffic exchange points;

 

(g) Any unauthorised change made to the Company Equipment by the Customer;

 

(h) Any interruption to the Service agreed by the Company and the Customer;

 

(i) The Customer is unable to release the Service for maintenance;

 

(j) Any suspension of the Service in accordance with the Service Agreement;

 

(k) Temporary Installations;

 

(l) Power plant failure at the Customer’s Premises;

 

(m) The Customer Premises are inaccessible;

 

(n) 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;

 

(o) Technical difficulties or limitations beyond the control of the Company;

 

(p) Any DDoS attack and/or associated actions taken as described in clause 1(e);

 

(q) Force Majeure Event; and

 

(r) Any submarine cable failure within any calendar month and that failed submarine cable(s) has affected the Transit Delay or Packet Delivery performance of that Zone.

 

4.5 Claim for Rebate

 

(a) In no event shall the total amount of Service Credits issued to the Customer in any month shall exceed 50% of the flat rate monthly charge of the affected Service subscribed by the Customer as specified on the Order Form.

 

(b) A claim for a Service Level Guarantee rebate must be sent in writing to the Company within thirty (30) calendar days of the date on which the event giving rise to the claim for the rebate occurred. When making the claim, the Customer must supply the trouble ticket number issued by the Console Connect Customer Support Team for the case.

 

(c) The Company shall rebate the valid claim in the next month invoice counting from the date the claim is verified to be valid.

 

(d) Any claim for a rebate must comply with the requirements set in these Specific Terms. If the Customer fails to make a claim in accordance with the requirements, the Customer is taken to have unconditionally and irrevocably waived its right to claim for the rebate in respect of the Company’s failure to meet the Service Level Guarantee.

 

5.          RESPONSE TIMES

 

The Company will use its reasonable efforts to ensure that the period of time between the Service issue being reported by the Customer to the Console Connect Customer Support Team and the Company’s responding to the Customer to acknowledge receipt of the report of the Service issue (Response Time) is no more than thirty (30) minutes.

 

6.          DEFINITIONS

 

6.1      In these Specific Terms:

 

Access Subnet means the IP subnet used for the purpose of delivering the Internet On-Demand service to the Customer’s equipment over the Internet On-Demand service’s Access Circuit, as defined in the  Console Connect Internet On-Demand Service Specification. The access subnet is a /31 IPv4 subnet, consisting of two IP addresses, defined as follows:

 

Account Administrator means the individual identified by the Customer to manage the Customer’s use of the Application and exercise the rights set out in section 2.3 of the Terms of Use.

 

Additional LAN IP Address(es) means the additional IP Address(es) assigned by the Company for Customer’s own network usage.

 

America Zone means the zone in which the Company Service Provisioning Points are located in United States of America. Detail of the Company Service Provisioning Points in this zone is specified in the Customer Service Portal.

 

Application means the CONSOLECONNECT.COM, APP.CONSOLECONNECT.COM AND API.CONSOLECONNECT.COM, including any content, functionality and services offered on or through CONSOLECONNECT.COM, APP.CONSOLECONNECT.COM, API.CONSOLECONNECT.COM and the mobile application.

 

AS Number means Autonomous System Number. An AS Number is a collection of IP networks and routers under the control of one entity that presents a common routing policy to the Internet. An Autonomous System (AS) is uniquely identified by an AS Number by the Internet. The AS Number is assigned by the relevant  Regional Internet Registry (RIR).

 

Asia Pacific Zone means the zone in which the Company Service Provisioning Points are located in the Asia Pacific region. Detail of the Company Service Provisioning Points in this zone is specified in the Customer Service Portal.

 

Asia Pacific Service Provisioning Points means the Service Provisioning Points located in Asia Pacific region including, without limitation, Australia, Hong Kong, Indonesia, Japan, Korea, Malaysia, Philippines, Singapore, Taiwan and Thailand.

 

Authorised Users mean the authorised representatives of the Account Administrator with respect to all transactions and uses initiated through the Application. The Authorised Users’ rights of transactions and uses are determined and updated from time to time by the Account Administrator through the Application.

 

Average Packet Delivery means, for a particular Zone specified in Table 3 under clause 4.3, the actual average for the month of the Packet Delivery from one Service Provisioning Point to another Service Provisioning Point in that Zone.

 

Average Transit Delay means, for a particular Zone specified in Table 2 under clause 4.2, the actual average for the month of the Round Trip Delay measured from a specific Service Provisioning Point to another specific Service Provisioning Point in that Zone.

 

BGP means Border Gateway Protocol. BGP is used to exchange routing information for the Internet and is the protocol used between Internet service providers (ISP).

 

Black Hole(ing) means discarding all data destined for a particular IP Address so that it does not disrupt the flow of data to other IP Addresses.

 

Bursted Bandwidth means the extra usage in Mega-bit per second (Mbps or Mbit/s) that exceeds the Committed Data Rate.

 

Business Day means a day other than a Saturday, Sunday or public holiday in the country where the Services are performed.

 

Charging Period means the charging period applicable to Customer’s Service, as specified on the Order Form (and if not specified, a monthly Charging Period applies).

 

China Zone means the cities in Mainland China where the Network is connected with the network of the Company’s peering partners in Mainland China, which may include Beijing, Shanghai, Guangzhou or wherever applicable as determined by the Company.

 

Committed Data Rate (CDR) or Committed Information Rate (CIR) means the minimum amount of bandwidth (in Mbit/s), as set out in the relevant Order Form, which the Company agrees to provide to the Customer and for which the Customer agrees to pay.

 

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.

 

Company Edge Router means the edge router assigned by the Company to which the Service will be connected at the Company Service Provisioning Point.

 

Console Connect API means the Application Programming Interface for the Console Connect Platform. All functions of the Console Connect platform are accessible and can be controlled programmatically via the API.

 

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 Port IP Address means the lowermost IP address in the Access Subnet, reserved for use on the provider side of the Access Link.

 

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.

Console Connect Platform means the software web application, API, mobile application, network automation and network that together comprise the Console Connect platform.

Cross-connect means an internal cable connecting the Customer Equipment to the IP Port for the subscription of the Service for the case with the Customer Equipment and the IP Port are located in the same building facility.

 

Customer Equipment IP Address means the IP Address provided by the Company to the Customer from time to time for use as the IP Address for the Customer Equipment that is in use with the Service.

 

Customer IP Address(es) means the IP Address(es) advertised by the Customer into the IP Port(s) that are not provided by the Company.

 

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 any software provided by the Customer or licensed to the Customer by a third party.

 

Distributed Denial of Service (or DDoS) means a form of electronic attack involving multiple computers, which send repeated requests to a server (web site) generating false traffic and rendering it inaccessible to valid users.

 

Europe Zone means the zone in which the Company Service Provisioning Points are located in Europe. Detail of the Company Service Provisioning Points in this zone is specified in the Customer Service Portal.

 

Force Majeure Event means an event or circumstance beyond the reasonable control of the Party, including, without limitation, industrial disputes of any kind, war declared or undeclared, blockade, disturbance, a natural disaster such as lightning, earthquake, storm, flood, explosion or meteor, fire, epidemics, law or any power lawfully exercised by a government agency, any change in any Applicable Law, inability or delay in granting governmental or other approvals, consents, permits, licenses or authorities, or a telecommunication network outage or degradation or any Outage that is caused by DDoS (Distributed Denial of Service) traffic from the Internet to Customer’s IP Address(es), whether assigned by the Company or otherwise, that are used in connection with the Service.

 

Service means the Internet On-Demand connectivity service provided over the Company Network, and is provided mainly to enterprise customers.

 

International Circuit means a transmission circuit provided by the Company or by a third party which connects the Customer Equipment to the Company Service Provisioning Point and with the Customer Equipment and the Company Service Provisioning Point located in different countries.

 

IP means the Internet protocol which is the transmission protocol for communicating with the Internet.

 

IP Address means the unique public address used by the Internet and is controlled and assigned by the Regional Internet Registry.

 

IP Port means an Internet access port on the Company Edge Router which is connected to the Customer’s router and which is the demarcation point for delivery of the Service to the Customer.

 

Local Circuit (also known as Local Access or Local Loop or Local Line) means:

 

  • a local transmission circuit provided by a local carrier (either the Company or a Third Party Supplier) in the country where the Company Service Provisioning Point is located which connects the Customer Equipment to the Company Edge Router; or

 

  • in the case when the Customer Equipment and the Company Service Provisioning Point are located in the same building, an internal transmission circuit within that building provided by a third party which connects the Customer Equipment to the Company Edge Router.

 

Local Internet Registry means the local Internet organization that the Customer uses to record the Customer’s IP Addresses and routing information.

 

Network means the data communication network delineated by edge routers operated by the Company and used by the Company to provide the Service, based on the TCP/IP protocol suite, using any form of transmission medium.

 

Network Administrator is an Authorised Users appointed by the Account Administrator to exercise the rights set out in clause 2(f) and clause 2(g) of these Specific Terms.

 

Non-Company Provided Circuit means a circuit on a third party network, including but not limited to a Local Circuit or an International Circuit not provided by the Company, which is used to connect the Customer Equipment to the Company Service Provisioning Point.

 

Order Form means an order that sets out the Services that Customer requests Console Connect to provide (whether in manual format or as submitted in the Console Connect Platform or via the Console Connect API).

 

Packet Delivery means one hundred percent (100%) minus the average percentage over a month, measured at five- minute intervals, of IP ping packets that are lost between pairs of routers within the Network.

 

Premises (also known as Customer Premises) means the location where the Service is installed.

 

Recurring Charge means the recurring charge applicable to the applicable Charging Period, as specified in the Order Form.

 

Regional Internet Registry (RIR) is an organization overseeing the allocation and registration of Internet number resources within a particular region of the world. Resources include IP Addresses and Autonomous System Numbers. There are currently 5 RIRs in operation:

 

  • American Registry for Internet Numbers (ARIN) for North America and parts of the Caribbean
  • RIPE Network Coordination Centre (RIPE NCC) for Europe, the Middle East and Central
  • Asia-Pacific Network Information Centre (APNIC) for Asia and the Pacific region
  • Latin American and Caribbean Internet Address Registry (LACNIC) for Latin America and parts of the Caribbean region
  • African Network Information Centre (AfriNIC) for Africa

 

Registered Routes means the route announcements that have been cleared and registered with the appropriate Regional Internet Registry.

 

Registered Owner of the Customer IP Address means the person or the organization officially recorded in the relevant RIR as the owner of the respective Customer IP Address.

 

Round Trip Delay or Transit Delay means the average time over a month, measured at five-minute intervals, taken to send IP ping packets from a Company router to another Company router and receive back at the first router acknowledgements for the IP ping packets.

 

Service Credit means (a) 1/30th of the Recurring Charge of the relevant Service specified in the Order Form, excluding any Non-Company Provided Circuit charges or third party circuit charges (e.g. Local Circuit charges).

 

Service Provision Guarantee Date means the date on which the Service is ready for the Customer to use.

 

Service Provisioning Point means the interconnection point on the Network’s router for connecting Customer’s equipment or Customer’s network for Americas Zone, Asia Pacific Zone and Europe Zone; whereas Service Provisioning Point for China Zone means the interconnection point between the Network and the network of the Company’s peering partner in China.

 

Target Average Transit Delay means, for a particular Zone specified in Table 3 under clause 4.3, the relevant value of time expressed in “ms” specified therein.

 

Target Service Date means Service Provision Guarantee Date.

 

  Terms of Use mean PCCW Global’s Terms of Use governing the use of the Application, access to the Company’s account and purchase of services through the Application.

 

Transit Delay means Round Trip Delay.

 

US means the United States of America.

 

Zones mean the geographical grouping of the Network which is separated into America, Asia Pacific, China and Europe that is used in these Specific Terms only.