Gibconnect Ltd Service Level Agreement (SLA) - Cohosting


Gibconnect Ltd, an Internet Service Provider, provide a full range of internet solutions, from basic dial-up services to high speed Corporate Links.
Gibconnect Ltd is committed to high quality performance and customer care. This Service Level Agreement offers you, our customer, the following commitments as part of the service / product defined below, at no additional charge to you:

Service / Product Definition

Co-hosting service

Gibconnect’s Co-hosting service offers a secure dedicated server hosting site facility. It is designed for customers who wish to choose and own their own hardware and who wish to update their server as and when they want.

Hosting service includes:

The provision of Hosting areas within Hosting sites in which the Customer can place Customer equipment.

The supply of power, security and environmental controls necessary for the operation of the Customer equipment.

Services associated with the support and maintenance of the Customer equipment.

The Circuit Services which are the provision of communications circuits between two (2) specified locations irrespective of the transmission medium.

The Customer is responsible for providing the equipment necessary to integrate the circuits.


The Customer will procure, install and test the Computer equipment to be located in the Hosting areas. Gibconnect will provide the access, power, environmental and temporary storage facilities reasonably necessary to enable the Customer to perform such installation and testing.

Installation Interval Commitment

Our Commitment: Gibconnect Ltd will use reasonable endeavours to prepare the Hosting Area in accordance with the terms of the applicable Customer Purchase Order on or before the Customer Commitment Date specified for such Hosting Area.

Your Guarantee: In the event that Gibconnect does not meet the Installation Level Commitment, the Customer may apply for a service credit as specified in the table below.

Installation delay beyond customer commitment date Service credit applied as a reduction of monthly rental (days)
1 – 5 Business Days 0
6 – 60 Business Days 1 for each business day of delay
61 Business Days or above Service credit available up to 60th Business day. Customer shall have the right to terminate the delayed service at no cost or liability.




Remote Assistance Response Time Service Commitment

Our Commitment: The Response Time service level for Remote Assistance is measured from the time that Gibconnect receives the Customer’s request with all of the necessary information requested by Gibconnect, until a Customer Certified Engineer is first available to deal with the request. Gibconnect Ltd aims to have a Response Time Level as follows:

  • Monday to Friday from 8 am to 5 pm – 30 minutes

    Out of hours, Gibraltar Bank holidays and weekends – 2 hours.

Your Guarantee: Any Customer who experiences a response time in excess of the times specified above (which are within the confines and responsibility of Gibconnect Ltd) may apply for a service credit of 1 day for all instances of delay in any twentyfour hour period.

Power Service Commitment

Our Commitment: Gibconnect Ltd aims to ensure that the power delivered to the Hosting area is not interrupted, subject to the provisions of the agreement.

Your Guarantee: Gibconnect will notify the customer, as soon as reasonably possible if any interruption or disturbance to such power is expected for any reason including actions taken by third parties.

Circuit Service Installation Interval Commitment

Our Commitment: Gibconnect Ltd will use reasonable endeavours to provide the circuit service in accordance with the terms of the applicable Customer Purchase Order on or before the Customer Commitment Date specified for the provision of the Circuit Service.

Your Guarantee: In the event that Gibconnect does not meet the Circuit Service Installation Level Commitment, the Customer may apply for a service credit as specified in the table below.

Installation delay beyond customer commitment date Service credit applied as a reduction of monthly rental (days)
1 – 5 Business Days 0
6 – 60 Business Days 1 for each business day of delay
61 Business Days or above Service credit available up to 60th Business day. Customer shall have the right to terminate the delayed service at no cost or liability.

 


Circuit Service Availability Commitment

Our Commitment: Gibconnect Ltd aims to provide 99.9% availability each month for your connection within Gibconnect Ltd's Licensed area and excludes any events or series of events which are outside the reasonable control of Gibconnect Ltd which may affect Gibconnect’s circuit service availability commitment.

Your Guarantee: Any Customer who experiences availability of the circuit service below 99.9% within Gibconnect Ltd's Licensed area (excluding any events or series of events which are outside the reasonable control of Gibconnect Ltd) in any calendar month may request a Service Credit of the Circuit Service in accordance with the following table:

Percentage of availability in the month(%) Service credit applied as a reduction of monthly rental (days)
Over 99.9% 0
98% to below 99.9% 1
96% to below 98% 4
Below 96% 7

 


Latency Commitment

Our Commitment: Gibconnect Ltd aims to provide an average monthly roundtrip delay of 80 milliseconds or less within Gibconnect Ltd’s network in Gibraltar.

Your Guarantee: Any Customer who experiences average latency greater than 80 milliseconds for any calendar month may request a one day Service Credit as specified in the Service Credit Specifications.

Service Credit Specifications

After having reported the initial fault using Gibconnect’s relevant fault reportingservice, and in the event Gibconnect Ltd fails to achieve any Service Level Commitment, at your request, Gibconnect Ltd will credit your account in accordance with the applicable Guarantees set forth above in connection with such Service Level Commitment and subject to the following:

To be eligible for a Service Credit, you must report the commitment failure to Gibconnect Ltd within 15 days of the end of the relevant month(via telephone at 20052200 or via e-mail notification to claims@gibtele.com),and in writing to:

GIBTELECOM
15/21 JOHN  MACKINTOSH SQUARE
GIBRALTAR

You must have notified Gibconnect Ltd of any service-affecting conditions at the time of such failure and have provided Gibconnect Ltd with all other information reasonably requested in furtherance of troubleshooting the reported issue.

On contacting Gibconnect Ltd’s fault reporting service, you will be given a number for reference purposes. This number is called the “Trouble Ticket Number”. This number will facilitate tracking progress and status of the repair of the fault.

All requests must identify the Service Level Commitment at issue, include the "Trouble Ticket" number assigned to your report, and include such other information as Gibconnect Ltd may have reasonably requested to assist it in verifying the request. Gibconnect Ltd may reject any Service Credit request which does not provide sufficient supporting information to allow Gibconnect Ltd to verify the claim. All requests for Service Credits will be subject to confirmation by Gibconnect Ltd, and will be applied by Gibconnect Ltd as soon as possible to a subsequent recurring invoice following approval. Gibconnect Ltd shall promptly notify you of its resolution of the reported event. You must claim any applicable Service Credits by the 15th day of the month following the month in which the reported incident was resolved. Gibconnect Ltd will inform you of credit requests rejected for insufficient information, and you will be allowed to resubmit such requests with additional supporting information within fifteen (15) days of Gibconnect Ltd's notification of its rejection of the credit request. After you resubmit the credit request with the additional supporting information, the standard verification and crediting timelines outlined herein shall apply.

The Service Level Commitments and Guarantees set-out herein shall only be applicable to Gibconnect’s Co-hosting service and its responsibility for said service.

Service Credits (not connection charges) are calculated based on the contracted monthly rate for the affected Co-hosting service.

Gibconnect will credit the number of days/hours stated in the relevant Service Guarantee. If the number of days/hours is not stated then Gibconnect will credit the number of business day(s)/hours for which we have not met our commitment over and above the number of days/hours specified in the relevant Service Commitment.

Service Credit days will be based on a thirty (30) day month (e.g. a one day service credit means you will receive as a credit the amount equal to 1/30 of the applicable recurring monthly charge for the affected service).

Service Credit hours will be based on a thirty (30) day month, each day being divided by 24 hours (e.g. a one hour service credit means you will receive as a credit the amount equal to [[1/30]/24] of the applicable recurring monthly charge for the affected service).

Without prejudice to the Installation Service Level commitment, the maximum Service Credit to be granted for a given month shall not exceed the monthly recurring fees charged by Gibconnect Ltd for the given service for the month in which the given Service Credit is claimed.

Any excess credits will not carry over into later invoices. Guarantees available hereunder shall only be payable in the form of a Service Credit to your account. Gibconnect Ltd shall have no obligation to pay cash to you to fulfil any earned Service Credit, unless Gibconnect Ltd's records verify that all services have been terminated and authorised Service Credits remain outstanding which are in excess of any remaining amounts due and owing from you to Gibconnect Ltd, and then, only to the extent of the excess amount.

If any event triggers a breach of two or more Service Level Commitments, you shall only receive a Service Credit equal to the highest applicable Service Credit being requested in connection with the breached Service Level Commitments.

You shall be ineligible for a Service Credit hereunder if you are not in financial good standing with Gibconnect Ltd (i.e., current on all billings) at the time of the request.

The guarantees set forth herein for each Service Level Commitment shall be the exclusive guarantee available to you for Gibconnect Ltd's failure to achieve such Service Level Commitment. This SLA does not represent a warranty or guarantee by Gibconnect Ltd that services will be uninterrupted or fit for any particular purpose or intended use of any kind, and Gibconnect Ltd shall not be liable for any damages of any nature or amount as a result of any failure to achieve any Service Level Commitment, other than the permitted Service Credits authorized and described hereunder.

Disputes

Gibconnect and the customer shall each use its reasonable endeavours to resolve any dispute between them concerning this Service Level Agreement and shall enter into good faith negotiations in order to resolve the dispute.

In the event that Gibconnect and the customer fail to resolve the dispute, Gibconnect and the customer have the right to refer the dispute to the Gibraltar Regulatory Authority Suite 603 Europort, telephone number 20074636 for determination by the Authority.

Exclusions

This Service Level Agreement applies to the Co-hosting Service and related equipment only. Gibconnect Ltd will not be responsible for, and Service Credits will not be issued in connection with, any failure by Gibconnect Ltd to meet a Service Level Commitment by reason of any of the following:

Any Customer act or omission, including without limitation any negligence, wilful misconduct or misuse of any service or equipment, which impairs Gibconnect Ltd's ability to provide service.

Scheduled maintenance on the Gibconnect Ltd network.

Failure on the part of the customer to timely report the incident and open a trouble ticket in accordance with this SLA.

Gibconnect Ltd may modify the Service Level Commitments and your guarantee for the failure by Gibconnect Ltd to meet any Service Level Commitment at any time. Such modifications shall be deemed effective immediately upon either posting of the modified SLA on the Gibconnect Ltd web site, currently located at www.gibconnect.com, or notifying you. If you have any questions, please contact our Customer Services Centre. This Service Level Agreement does not constitute a legal document.

 

Revised: October 2008