SLA Page 1

Service Level Agreement

The ChunkyChips Leased Line and EFM SLA

ChunkyChips.net Ltd,Carnival Business Park,Basildon, Essex, SS14 3WN

01268 288 [email protected]

@chunkychipsnetwww.chunkychips.net

Our easy-to-read, no nonsense SLA

Referral or White Label

Generous Commissions and Discounts

Full UK Support

Dedicated Partner Account Management

Continually Developing Platform

Flexibility to Upgrade

Questions?

Target Fix Time Credit on fault target failure

Target Performance Credit on availability failure

Escalation Process Credit on provision failure

6 Hours0-1 Hours Past

1-2 Hours Past

2-4 Hours Past

>5 Hours Past

5% of your monthly rental




<99.9%-99.4%

<98.9%-97.9%

<97.9%

5% of annual circuit rental



Round Trip Delay

Jitter

Packet Loss

20ms

8ms

0.1%

Team Manager

Technical Manager

Technical Director

Level 1

Level 2

Level 3

<99.4%-98.9% 10% of annual circuit rental

1-7 Days past CPD

15-30 Days Past CPD

>30 Days past CPD

5% of Circuit Connection



8-14 Days past CPD 15% of Circuit Connection


The ChunkyChips Leased Line and EFM SLA (Page 2)




Ordering and Provisioning

Annual Service Guarantee Availability

When we’ve taken your order and finished planning and site survey (if required), we’ll give you a Customer Promise Date (CPD). Should we fail to meet that CPD, we will give you the opportunity to claim back a portion of the installation charge, as set out on the first page of this SLA.

We promise to give you an annual Service availability level of 99.99% for Managed and 99.9% for Unmanaged Type 1 services (delivered on our network). For Type 2 services, which are third party delivered, we promise 99.85% availability.

We calculate Service availability for the previous year.

Actual Circuit availability divided by total potential availability to give a percentage availability per Circuit:

Measurement period – Outage Time--------------------------------------------------- x 100 24hrs x days in Service Year

If we fail to achieve these Service Levels, we’ll give you the opportunity to claim back Service Credits for the affected Circuits, as set out on the first page of this SLA.

Service RestorationThe Target Fix Time for repair is six hours from report of fault. This assumes that our engineers or our wholesalers’ agents have unrestricted access to your premises within this period, and you or your agents are also available during any fix period for trouble-shooting, testing, reporting or diagnosis. If we fail to repair within the fix guarantee time, we will give you the opportunity to claim Service Credits as set out on the first page of this SLA.

Escalation ChannelIf a fault is not rectified within the six hour target period, we follow the Escalation Process shown on the first page of this SLA.

Full Service Level Agreement TermsDefinitions of Terms used1. Circuit means the physical connection over which the Service is provided.2. Customer Promise Date means the agreed target date by which We aim to have completed installation of the Service as notified to You in writing.3. Days means Monday to Friday excluding Bank and Public Holidays4. Excused Outage means any Fault caused by:a. Your network or system, or any part of it; orb. a fault in, or any problem associated with, equipment connected on Your side of the ChunkyChips network termination point; orc. Your acts or omissions; ord. Your breach of the Agreement; or

e. Your failure or delay in complying with Our reasonable instructions; orf. any refusal to allow Us, Our employees, agents or subcontractors to enter into the relevant premises to diagnose or remedy any Fault; org. a force majeure event as set out in the Agreement; orh. a Planned Outage; ori. an act or omission of any third party which is beyond Our reasonable control which shall include, without limitation, a fibre cut.fibre cut.

5. ‘You’ and ‘Your’ shall include your employees, subcon-tractors and agents.

6. Fault means a fault, outage or Service downtime (other than a Planned Outage or an Excused Outage) resulting in a total loss of Service on a Circuit where it is not possible to transmit signals in one or both directions, which has been reported to Us in accordance with standard fault reporting procedures.

7. Fault Report means the report of a Fault either by You or Us that has been recorded on the call record at Our Business Technical SupportCentre in accordance with standard faultreport-ing procedures.

8. Outage Time means the sum total time of all Faults during the relevant 12-month period for a Circuit

9. Planned Outage means any Service downtime:

a. scheduled by Us to carry out any preventative mainte-nance services; orb. caused by any upgrade services in relation to the Service or Our Communications Network; orc. caused by any services You request or authorise including without limitation, network redesign or reconfiguration.

10. Service means the service that We provide to You as set out in the Agreement

11. Service Levels means the service levels set out in this SLA

12. Service Credit is the amount We credit or pay to You for failing to meet Service Levels set out in the appropriate sections above


The ChunkyChips Leased Line and EFM SLA (Page 3)




ExclusionsService DeliveryWe will not be liable to pay Service Credits for Service Delivery failure where such failure results from:A. Your network or system, or any part of it; orB. a fault in, or any problem associated with, equipment connected on Your side of the ChunkyChips network termination point; orC. Your acts or omissions; orD. Your breach of the Agreement; orE. Your failure or delay in complying with Our reasonable instructions; orF. any refusal to allow Us, Our employees, agents or subcontractors to enter into the relevant sites; orG. a force majeure event as set out in the Agreement; orH. Your failure to obtain the necessary wayleaves.

Service AvailabilityUnavailability of the Service as a result of any of the following events shall not count as Outage Time:A. an Excused Outage; orB. a Planned Outage

Where you have resilience built into the Service a Fault on a Circuit will not be counted for the purposes of Service Availability if Service is still available at that Site.

Claiming Service Credits and Our Liability to You

Planned Outage

Time spent in repairing a Fault or restoring the Service as a result of any of the following events will not be counted as part of restoration time when calculating Service Credits:

A. Your failure or delay in providing the necessary co-operation required by Us including, without limitation:i. supply of the necessary information; orii. access to the relevant sites; oriii. supply of the necessary power or facilities;orB. Your relevant personnel cannot be contacted to assist Us or to confirm the Service is restored; orC. a Planned Outage; orD. an Excused Outage.

The time taken to restore a Fault is measured from the time the Fault Report is recorded on Our fault management system until the time We notify You that Service has been restored or in the event that We are unable to contact You, the time recorded on Our fault management system that Service has been restored.

GeneralThe SLA does not apply to non-standard solutions or customised services unless expressly agreed in writing. If an on-site visit reveals that there is no fault with the Service or the Fault is an Excused Outage, We may charge You and You shall pay Us an engineer call-out fee at Our standard charges at that time.

To request Service Credits, You must claim in writing via Your ChunkyChips Account Manager within three months of the Fault Report or in the case of Service Availability within 30 calendar days of each annual period. If You do not claim Service Credits within such period You will be deemed to have waived the applicable Service Credits.

You agree that Service Credits shall be Your sole and exclusive financial remedy for Our failure to meet Service Levels. Service Credits payable shall relate to the Connection Charge or monthly or annual Rental of the Circuit that is the subject of the Fault or failure in Service Delivery as applicable.

Notwithstanding any provisions in the Agreement to the contrary in no event shall the total amount of Service Credits payable to You in any calendar year for the affected Circuit exceed the total of the annual Rental for that affected Circuit nor shall the amount of Service Credits payable to You in any month exceed the total of that month’s Rental for the affected Circuit.

Except in an emergency or in circumstances beyond Our control, We will endeavour to give You at least 10 working days’ notice of any maintenance or upgrade work on Our network which will affect the availability of Service to Your site. Such notice will include:

A. a brief description of the Planned Outage;B. date and time of the Planned Outage; andC. estimated duration of the Planned Outage. Such notice will be given by way of letter or via email.

However, in the case of an emergency, We may give You a shorter notice by way of a telephone call.

Reporting a FaultYou must comply with any fault reporting format as advised by Us from time to time for the reporting of faults.

For the avoidance of doubt, if there is a dispute on any Fault commencement or duration, the records of the fault management system at Our Technical Support Centre shall be final.

Any faults or suspected faults on the Services must be reported to Our Technical Support Centre on 01268 288 188 (followed by your PIN, if supplied).

You shall identify to Us the individuals who shall have authority to report faults (‘Authorised Individuals’). Any replacement Authorised Individuals must be notified to Us in writing.

Questions?

Call us on 01268 288188or email [email protected]

Documents

SLA Page 1