Gibtelecom Service Level Agreement (SLA) - Flexiband


Gibtelecom is committed to high quality performance and customer care. This ServiceLevel Agreement offers you, our customer, the following commitments as part of theservice / product defined below, at no additional charge to you:

Service / Product Definition

IP Flexiband Service

Gibtelecom’s IP Flexiband service is a high speed, high availability IP service. It is designed to allow the user to receive and send IP communications on a 24x7 basis.

Installation Interval Commitment

Our Commitment: Gibtelecom will endeavour to install and commission the IP Flexiband Service within thirty days of receiving a Customer commitment to purchase a service.

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

Installation delay beyond 30 Days of customer commitment date Service Credit applied as a reduction of monthly rental (days)
1 – 30 business days 1 for each business day of delay
31 business days or over Service credit available up to 30th business day. Customer shall have the right to terminate the delayed service at no cost or liability




Latency Commitment

Our Commitment: Gibtelecom aims to provide the following IP Network Latency measures:

An average of less than 140 milliseconds for Gibraltar-New York trafficover a calendar month.

An average of less than 60 milliseconds for intra-European traffic, as averaged over all routes between Primary Network Nodes in Europe over a calendar month.

Your Guarantee: Any Customer who experiences an average latency within Gibtelecom’s network or within the AS’s of any of Gibtelecom’s IP transit providers greater than those listed above for a period in excess of one hour in any instance in any calendar month may request a one hour Service Credit for every hour thereafter as specified in the Service Credit Specifications up to a maximum of five days in any calendar month.

Network Availability Commitment

Our Commitment: Gibtelecom aims to provide full availability of its network within Gibtelecom’s licensed area and excludes any events or series of events which are outside the reasonable control of Gibtelecom which may affect Gibtelecom’s network availability commitment.

Your Guarantee: Any Customer who experiences availability of the networkbelow 99.95% within Gibtelecom licensed area (excluding any events or series of events which are outside the reasonable control of Gibtelecom) in any calendar month may request a Service Credit of the IP Flexiband service in accordance with the following table:

Percentage of availability in the month (%) Service credit applied as a reduction of Monthly rental (days)
>99.95% 0
99.95% – 99.92% 1
99.92% - 99.9% 5
99.9% - 99.8% 7
<99.8% 10

 


Service Credit Specifications

After having reported the initial fault using Gibtelecom’s relevant fault reporting service, and in the event Gibtelecom fails to achieve any Service Level Commitment,following your written request, Gibtelecom 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 Gibtelecom within 15 days of the end of the relevant month (via e-mail notification to claims@gibtele.com), and in writing to:

GIBTELECOM
15/21 JOHN MACKINTOSH SQUARE
GIBRALTAR

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

On contacting Gibtelecom’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 thefault.

All requests must identify the Service Level Commitment at issue, include the"Trouble Ticket" number assigned to your report, and include such otherinformation as Gibtelecom may have reasonably requested to assist it inverifying the request. Gibtelecom may reject any Service Credit request whichdoes not provide sufficient supporting information to allow Gibtelecom to verify the claim. All requests for Service Credits will be subject to confirmationby Gibtelecom, and will be applied by Gibtelecom as soon as possible to a subsequent recurring invoice following approval. Gibtelecom shall promptly notify you of its resolution of the reported event. You must claim anyapplicable Service Credits by the 15th day of the month following the month inwhich the reported incident was resolved. Gibtelecom will inform you of creditrequests rejected for insufficient information, and you will be allowed toresubmit such requests with additional supporting information within fifteen(15) days of Gibtelecom'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 Gibtelecom’s IP Flexiband service and its responsibility for said service.

Service Credits (not connection charges) are calculated based on the contracted monthly rate for the affected IP Flexiband service.

Gibtelecom will credit the number of days/hours stated in the relevant Service Guarantee. If the number of days/hours is not stated then Gibtelecom willcredit 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 Gibtelecom 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. Gibtelecom shall have no obligation to pay cash to you to fulfil anye arned Service Credit, unless Gibtelecom'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 Gibtelecom,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 Gibtelecom (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 Gibtelecom's failure to achieve such Service Level Commitment. This SLA does not represent a warranty or guarantee by Gibtelecom that services will be uninterrupted or fit for any particular purpose or intended use of any kind, and Gibtelecom 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

Gibtelecom 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 Gibtelecom and the customer fail to resolve the dispute, Gibtelecom 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 IP Flexiband Service. Gibtelecom will not be responsible for, and Service Credits will not be issued in connection with, any failure by Gibtelecom 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 Gibtelecom's ability to provide service.

Scheduled maintenance on the Gibtelecom network.

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

Gibtelecom may modify the Service Level Commitments and your guarantee for thefailure by Gibtelecom 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 Gibtelecom web site, currently located at www.gibtele.com, or notifying you. If you have any questions, please contact our Customer ServicesCentre. This Service Level Agreement does not constitute a legal document.

 

Revised: October 2008