SERVICE SCHEDULE & ADDITIONAL TERMS AND CONDITIONS FOR LEASED LINE CAPACITY
SERVICES
The following terms and conditions are additional to the relevant prevailing Viatel General Terms and
Conditions (“GTC”) (either stand alone or contained in a Wholesale Services Agreement signed
between the parties), and shall apply to the provision of the Viatel leased line capacity service, as the
same is more specifically described in the relevant service description, (the “Service”). For the
purposes of this Service Schedule (the “Service Schedule”): (a) “Circuit” means the dedicated
circuit for the provision of the Service as Ordered by the Customer and identified in the Customer
Order; (b) “Committed Delivery Date” means the date on which Viatel shall deliver the Service to
the Customer, as notified to the Customer in accordance with the GTC; (c) “Service Availability”
means a credit to which the Customer shall be entitled in accordance with section 4; (d) “Service
Credit” means a credit to which the Customer shall be entitled in accordance with section 4.
Each of the terms “Latency” and “Outage” and “Outage Notice” have the meanings set out in
sections 4 and 5, as the case may be. All defined terms not otherwise defined in this Service
Schedule shall have the meanings ascribed to them in the GTC, and all references to a section are
references to a section of this Service Schedule.
1.
Delivery and Testing
(a) If Viatel fails to deliver a Circuit by the Committed Delivery Date (or revised Committed
Delivery Date, as the case may be), save where such failure is a result of the act or omission
of the Customer, the Customer shall be entitled to a Service Credit calculated in accordance
with the table below. For these purposes, Service Credits are calculated as a percentage of
the first month’s recurring Charges (as stated in the Customer Order) for the relevant Circuit.
Business Days past applicable
Committed Delivery Date
Service Credit (% of first
month’s recurring Charges)
0
0%
5
10
10%
15%
20
20%
30
30%
60
50%
(b) If Viatel fails to deliver the Circuit within sixty (60) Business Days of the Committed Delivery
Date (or revised Committed Delivery Date, as the case may be), save where such failure is a
result of the act or omission of the Customer, then the Customer may terminate the Service
in accordance with the relevant terms of the GTC. Such termination shall be in lieu of Service
Credits.
(c) Viatel shall have no liability to the Customer and shall have the right to invoice the Customer
for reasonable costs incurred where any failure to deliver the Service in accordance with this
Section 1 is caused directly or indirectly by the failure of the Customer or any third party to
prepare the Customer Site in accordance with the terms of the GTC and with any additional
reasonable instructions of Viatel or to provide Viatel with reasonable access to the Customer
Site.
2.
Use of the Service
(a) Viatel shall use its reasonable endeavours to implement any agreed configuration required on
the Viatel Network to enable the provision of the Service, provided that the Customer
promptly and accurately supplies such technical data as Viatel may reasonably request from
time to time.
(b) Cabling within the Customer Site shall be provided either by Viatel or by the Customer as
further identified on the relevant Customer Order. The Customer acknowledges and agrees
that Viatel shall have no liability for any cabling provided by the Customer or any third party
of the Customer.
(c) The Customer shall give at least 15 days’ notice (whenever possible) to Viatel of any event
(including any building works which could result in disconnection of power) that could disrupt
the Service.
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(d) The Customer acknowledges that the Service does not include the provision of any
equipment at a Site (other than any Tail Circuit terminating equipment specifically delivered
by Viatel as part of the Tail Circuit element of the Service).
(e) If the provision of any Tail Circuits used to access the Service is terminated by the third party
Tail Circuit provider (for whatever reason other than breach by Viatel (save where such
breach is one of non-payment resulting from the Customer’s own failure to pay Viatel for the
Service)) or is terminated by operation of law, the Service, or part of the Service affected by
such termination, shall terminate forthwith. To the extent that Viatel is able to continue the
provision of the Service, the Customer shall remain liable for any Charges for the remainder
of the applicable Initial Service Term.
(f) In providing any support service to the Customer, Viatel shall only deal with the Customer’s
designated support contacts, and shall not provide support directly to any End-Users.
(g) The Customer acknowledges and agrees that it shall be responsible for the provision of and
payment for any and all power at the Customer Site, including the power required for any
Service Equipment which is provided by Viatel as part of the Service.
3.
Charges
(a) Subject to section 3 (b) and unless otherwise included on the Customer Order, the Charges
do not include any access and access-related charges, including charges for local access,
internal cabling or cross connects, construction, interconnection or other charges assessed by
the local exchange carrier or any other access provider, all of which shall be for the cost of
the Customer. The Customer shall be solely responsible for the co-ordination of all local
access and the payment of all charges and costs associated with such access.
(b) The Charges include all access and access–related charges with respect to any Tail Circuits
provided by Viatel and Viatel shall be responsible for the provisioning of such Tail Circuits.
4.
Service Level Availability
(a)
Service Availability
(i)
(ii)
Viatel’s target is to maintain the following Service Availability dependent upon
the configuration of the Service as set out in the Customer Order:

Protected Link with Network and Customer side protection – 99.99%
Service Availability

Protected Link with Network side protection – 99.95% Service Availability

Unprotected Link - 99.5% Service Availability
The Customer shall be entitled to a Service Credit for Viatel’s failure to meet
the relevant Service Availability target.
Service Availability is calculated on a monthly basis as follows:
A = M-U x 100
M
where:
A = Percentage of Service Availability per month
M = Total number of hours in a month
U = Total number of complete Outage hours in a month
An “Outage” means any incident where a Fault that is caused directly and solely by the
Viatel Network and/or act or omission of Viatel renders the Service unavailable for use.
An Outage period begins upon the earlier of: (i) the Customer reporting a Fault to Viatel
that is confirmed by Viatel; or (ii) Viatel detecting a Fault and ends when Viatel confirms
or attempts to confirm to the Customer that the Service is restored. The Customer shall
grant such rights of access and other assistance as Viatel and/or its agents may require
to enable it to repair any Fault.
Viatel’s trouble ticketing system will be the sole source of data for calculating Service
Credits.
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Service Credits shall be calculated on a monthly basis as a percentage of the relevant
monthly recurring Charge for the Service (excluding Tail Circuit Charges) as follows:
Monthly Service Availability %
(b)
Service Credit (%
of monthly
recurring Charge)
Unprotected
Protected
(Network side
protection)
Protected
(Network and
Customer side
protection)
> 99.5
99.49 – 98.8
98.79 – 98.1
98.09 – 97.5
Below 97.5
> 99.95
99.94 – 99.4
99.39 – 98.9
98.89 – 98.4
Below 98.4
> 99.99
99.98 – 99.6
99.59 – 99.3
99.29 – 99.0
Below 99.0
0%
5%
10%
15%
20%
Latency
Viatel’s target is to meet the following average monthly Latency times for traffic
transmission on the following segments of the Viatel Network.
Viatel Network Segment
Average Monthly Latency
(milliseconds)
Intra-European Points
30
For the purpose of the above table, “Latency” refers to the elapsed time period
between when a network “ping” packet departs a point of presence on the Viatel
Network and on the Viatel Network at the other end of the Service. The measurement of
Latency excludes any Latency caused by: (i) the Customer or any third party; (ii) any
Tail Circuit; (iii) transit or peering connections; (iv) circuits to the traffic exchange
points; (v) routine or scheduled maintenance under the GTC; (vi) failure of power or
equipment provided by the Customer or any third party; (vii) incidents during any period
in which Viatel is not given access to the affected Sites.
(c)
Limitations
The provisions of this section 4, including the applicability of Service Credits, are subject
to the following limitations:
(i)
No Service Credit shall be given to the extent that compensation, whether through
the payment or grant of a credit or otherwise, has already been provided to the
Customer in respect of the same incident or circumstance which has given rise to
the claims of a Service Credit under this section 4.
(ii)
Tail Circuit(s) may be provided by a third party operator; any rights, remedies,
credits or service the Customer may have, or be entitled to regarding a Tail Circuit,
are limited to those rights, remedies, credits or service which Viatel (and/or any
relevant Viatel Affiliate) may be entitled to under its agreement with the third party
operator of the Tail Circuit;
(iii)
5.
Where a Fault is reported by the Customer and is subsequently discovered to
be a Fault on the Customer side of the demarcation point or a Fault caused directly
or indirectly by the act or omission of the Customer or any third party, Viatel
reserves the right to invoice the Customer for all reasonable costs incurred in the
investigation of the Fault.
Outage Reporting
(a)
The Customer shall immediately notify Viatel of any suspected Outage (having
made all reasonable enquiry to verify that the underlying Fault is the responsibility
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of Viatel under this Agreement) and provide Viatel with sufficient information and
assistance (as required by Viatel) to enable Viatel to restore the Service.
(b)
(c)
As a minimum the Customer shall provide the following information in its notice (the
“Outage Notice”) to Viatel:
(i)
the name, telephone number, fax number and e-mail address of the person
reporting the Outage;
(ii)
the Customer contact name, telephone number, fax number and e-mail
address (if different from above);
(iii)
the Viatel Service identification number;
(iv)
the physical location of the Outage (if known);
(v)
details (i.e. reference number/address) of each Site(s) affected by the
Outage; and
(vi)
any other information available to the Customer that may be relevant to the
identification of the Outage and which may assist in locating the Outage and
restoring Service.
Viatel’s target is to respond to the Customer within 30 minutes of receipt of the
Outage Notice. Viatel shall contact the Customer designated technical point of
contact. It shall be the Customer’s responsibility to provide Viatel with accurate
and up-to-date contact information for such point of contact, including a valid
telephone number, pager number, fax number and/or e-mail address.
THE PARTIES UNDERSTAND, ACKNOWLEDGE AND AGREE THAT ONCE THE CUSTOMER
ORDER HAS BEEN SIGNED BY THE CUSTOMER AND ACCEPTED BY VIATEL, THIS SERVICE
SCHEDULE WITH THE RELEVANT GENERAL TERMS AND CONDITIONS WILL FORM A
LEGALLY BINDING CONTRACT BETWEEN THEM.
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