Gibtelecom Service Level Agreement (SLA) - Business lines


Gibtelecom provides solutions to all types of business and residential customers using optical fibre networks, satellite communications and microwave links to transport voice, data and internet services.

Gibtelecom 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[1].

Service / Product Definition

Business Telephone Line (BTL)

Gibtelecom’s BTL service is provided by a state of the art network and exchange using the latest digital communications software and technology. It is designed to allow the user to receive and send national and international voice calls.

In some developments Gibtelecom’s network ends at a “common” box located within the building. This is as a result of the way the building itself has been wired up by the developer. Gibtelecom is not therefore in control of the wires leading up from this “common” box up to the customer’s premises / offices. This is known as third-party infrastructure. In these cases Gibtelecom cannot provide a full end-to-end service and cannot be held responsible for any faults / problems that may arise within the third-party infrastructure. You will be informed at the time of making an application for the BTL service whether Gibtelecom can provide you with complete end-to-end service. An Appendix to this SLA shows the building developments where currently third-party infrastructure is involved.

The BTL Service offers the following customer features (note that rental and/or usage charges may apply):

Customer Calling Services
Smart Call Services
Voicemail
Centrex
ISDN

Installation Interval Commitment

Our Commitment: Gibtelecom will, on application for the BTL service, open a “Service Order” which will be used to install the BTL service. This Service Order will have a number which will be used for reference purposes, and will facilitate the tracking, progress and status of the installation of the BTL Service. Gibtelecom aims to provide you the BTL Service within 10 business days (the provision date / period) of Gibtelecom’s receipt of the completed service request. This commitment extends to buildings where Gibtelecom is not in control of the wires leading up to the customer’s premises, although in this case Gibtelecom can only guarantee the provision of the RTL service within 10 business days up to the point where its network ends. This is usually at the “common” box.
As part of providing you with the BTL service, Gibtelecom will ensure that telephony services are available and functioning properly within the premises / offices, even if Gibtelecom is not in control of the wiring leading up from the “common” box up to the premises / offices.

Your Guarantee: Any Customer who has not been provided with the BTL service within 10 business days may apply for a service credit as specified in the Service Credit Specifications section, unless delays arise as a result of Gibtelecom not having full end-to-end service control as outlined in the Third Party Infrastructure and Exclusions sections below.

Time to Restore Service Commitment

Our Commitment: Gibtelecom will, at the time of a customer reporting a fault, open a “Trouble Ticket” recording the details of the fault. Gibtelecom aims to repair any failures of the BTL Service within its network in areas where Gibtelecom has full end-to-end service control within 2 business days from generation of the trouble ticket. You will be informed at the time of reporting a fault whether any third-party infrastructure is involved. In this case Gibtelecom will only be able to test the BTL service up to the point where Gibtelecom’s network meets the third-party infrastructure within the building. In the event a fault is not detected within the Gibtelecom network it will be assumed that the failure resides within the third-party infrastructure. You will therefore need to direct the fault to the party responsible for the in-building wiring. This is usually the developer or management company of the development. This does not prevent you reporting the fault to the developer or management company in the first instance.

Your Guarantee: Any customer who experiences a failure in the BTL Service within the Gibtelecom network in excess of 2 business days may apply for a service credit as specified in the Service Credit Specifications. This guarantee excludes faults developing within third-party infrastructure. Gibtelecom will assist in any way it can to detect and repair faults regardless of where they develop, although we may charge for this service in respect of wiring not owned and operated by us. For more information please see the Third Party Infrastructure and Exclusions sections below.

Network Availability Commitment

Our Commitment: Gibtelecom aims to provide 99.9% availability each month for your connection within Gibtelecom's network (this excludes areas where third-party infrastructure is involved) 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 network below 99.9% within Gibtelecom's network (excluding third-party infrastructure) and excludes any events or series of events which are outside the reasonable control of Gibtelecom, including events related to third-party infrastructure in any calendar month may request a Service Credit of the BTL 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

 

 

Customer Premises Equipment Commitment

Our Commitment: Any and all Customer premises equipment (e.g., the telephone apparatus, panic button, modem, router, fax machine, payphone, PABX, answering machines etc (CPE) in support of service) leased from Gibtelecom will be guaranteed by Gibtelecom to be free from defects (other than those attributable to abuse, tampering or unauthorised repair or modification) during the term of service. Gibtelecom will repair or replace all leased CPE that is determined by Gibtelecom to be defective (and not the subject of Customer misuse, tampering or unauthorised repair/modification) within 2 business days from receipt of the trouble ticket.

Your Guarantee: If Gibtelecom does not repair or replace the leased CPE (not being the subject of Customer misuse, tampering or unauthorised repair/modification) within the period specified above, you may apply for a service credit as specified in the Service Credit Specifications.

Service Credit Specifications

Service Credits will only be applied if it is determined that Gibtelecom has failed to achieve any Service Level Commitment or if a fault develops within the Gibtelecom network and excludes areas where third-party infrastructure is involved.

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, at your 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 telephone at 20052200 or via e-mail notification to customerservices@gibtele.com ), and in writing to:

GIBTELECOM
CUSTOMER SERVICES CENTRE
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 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 Gibtelecom may have reasonably requested to assist it in verifying the request. Gibtelecom may reject any Service Credit request which does not provide sufficient supporting information to allow Gibtelecom to verify the claim. All requests for Service Credits will be subject to confirmation by 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 any applicable Service Credits by the 15th day of the month following the month in which the reported incident was resolved. Gibtelecom 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 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 BTL service and its responsibility for said service and therefore excludes instances where Gibtelecom is not in control of the in-building wiring.

Service Credits (not connection charges) are calculated based on the contracted monthly rate for the affected BTL 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 will credit the number of business day(s)/hours for which we have not met our commitment over and above the number of days 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).

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 any earned 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 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.

Third Party Infrastructure

Gibtelecom commits to install and maintain the BTL service by utilising all means within the Company’s control. In situations where Gibtelecom is not providing a full end to end service and access to certain portions of infrastructure (e.g. in-building wiring) belonging to a third party is required, Gibtelecom will not be held responsible for any impediments, delays or extra costs incurred.

Exclusions

This Service Level Agreement applies to the BTL Service and related equipment only. 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 not being able to provide a full end to end service through not being in control of the in-building wiring (third party infrastructure).

Any third party involvement resulting in the delay of service provision or restoration.

Any faults occurring within a third party’s infrastructure / cabling resulting in the impairment of Gibtelecom’s service.

Gibtelecom may modify the Service Level Commitments and your guarantee for the failure 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 Services Centre. This Service Level Agreement does not constitute a legal document.

Revised: 1 June 2011

Appendix

List of building developments where Gibtelecom is not in control of the in-building wiring (third-party infrastructure)

Grand Ocean Plaza (Ocean Village)
Majestic Ocean Plaza (Ocean Village)
Atlantic Suites (Europort)
King's Wharf (Queensway)
The Anchorage (Rosia Road)
Genista House (Europa Road)
The Sails (Queensway)
Clifftop House (Windmill Hill Road)

 



[1] Does not include areas/developments where Gibtelecom is not responsible for the wiring within a building leading up to the customer’s premises / offices