Service Level Agreement

Introduction 

1.1 ITS will use reasonable endeavours to implement the delivery, availability and network performance (if applicable) of the service in accordance with the service levels in this schedule.  Upon receipt of a validated claim from the Customer, ITS will give service credits to the customer in accordance with this schedule, provided that the poor performance is not due to any of the causes listed in 2.5. 

1.2 Unless otherwise stated in this Service Level Agreement (SLA) schedule or service schedule for the relevant service, these service levels apply to all sites or circuits connected to the relevant service. 

Measurement of Downtime 

2.1 The measurement of downtime starts when a qualifying fault is reported to the ITS service desk and the customer is issued with an incident reference number. The measurement of downtime for the purpose of calculating service credits ends when the fault is cleared by ITS. 

2.2.ITS will inform the customer when the fault is cleared, and will close the incident ticket. 

2.3 In respect of a qualifying incident that occurs as a result of an access line or DSL line fault, downtime will only be measured during the ITS working hours. Measurement of downtime for qualifying incidents reported outside of ITS working hours will start at the beginning of the next relevant period. 

2.4 Where a fault is reported and ITS is unable to confirm that a fault exists after performing the first line diagnostic tests, ITS will notify the customer at the earliest opportunity, and this will not contribute to downtime.

2.5 For the purposes of calculating the service credits under section 3, any periods of downtime due to qualifying incidents arising from, or which are otherwise indirectly caused by one or more of the  following, shall be deducted from the downtime calculated.

(i) the customer requesting ITS to test the service although no incident has been detected and/or reported; 

(ii) the  service being modified or altered in any way either at the customer’s request or by the customer;  

(iii) any period of planned maintenance; 

(iv) a failure or incident not attributable to the service, including but not limited to faults attributable to the customer equipment or the customer’s private network or a fault outside the Network; 

(v) failure due to any network configurations performed by the customer and not approved by ITS; 

(vi) changes or alterations made other than by ITS (or its authorised agents) to the service or to ITS equipment, connections, routing plan, applications or test equipment, or the mapping of applications.  

2.6 The customer may claim service credits for downtime on a monthly basis as further described in clause 4.2 below.  

Service Credits for Downtime 

3.1 Upon receipt of a validated claim, ITS will give the customer service credits as set forth in the table below, per failing site up to a maximum of one month’s site circuit charges.   

3.2 The service credit will then be 1/30th of the site charges for each started hour of downtime above the service credit start point recorded in a given month.  

3.3 For voice services with multiple access lines to a site, where some access lines have failed, the service credit will be calculated in proportion to the total site charges.  For example, if a site has four access lines and one fails, the service credit will be one quarter of the 1/30th site charges.

Different service credits start points apply to each category as shown in the table below:

Site/Circuit Category

Service Credit

Start Point before

Trigger Event

Service Credits

after a

Trigger Event 

Residential

6 hrs

1/30th of site charges

Business

4 hrs

1/15th of site charges

Application of Service Credits 

4.1 Service credits will not be paid if the qualifying incident is not reported in accordance with ITS incident reporting procedures. 

4.2 Where any single qualifying incident arises from one or more failures that affect(s) more than one site, service credits will be applied only to the site with the lowest site charges. 

General Exclusions 

5.1 The service credits are limited to a maximum of the monthly site for each site or circuit affected and are the customer’s sole right and remedy for ITS failure to meet the Service Level Agreement (SLA). 

5.2 Only measurements carried out by ITS shall be used in the calculation of all the service credits offered in this schedule. 

5.3 ITS shall not be liable for any failure to meet the service levels specified in this schedule where the customer has not complied with the general Terms and Conditions

5.4 This schedule shall not apply if the customer does not provide or delays providing access, as requested, to ITS or its agents and suppliers or if the customer denies permission for ITS or its agents and suppliers to carry out necessary repairs to the service. 

5.5 These service Levels do not apply during any trial period of the service, or for service or any part of the service which has a minimum period of less than 12 months. 

5.6 This schedule will not apply where ITS’s failure to observe the service levels is due to matters beyond the reasonable control of ITS as detailed in the general Terms and Conditions.

5.7 These service Levels will not apply during suspension of service in accordance with the general Terms and Conditions

Payment of Service Credits 

6.1 In order to qualify for the service credit, and before any service credit can be applied, the customer must make a claim to ITS within 10 days following the month in which poor performance occurred, providing full details of the reason for the claim.  

6.2 Service credits will normally be made by deduction from the customer’s invoice within two billing cycles of a claim being received. 

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