CORE SERVICE REBATES. 8.1 Subject to clause 4 and clause 8.2, in the event of a Core Service Level Default, the Service Provider will receive a Core Service Rebate from the LFC in accordance with clause 6.5 of the General Terms. The Core Service Rebate will be that set out in Appendix 2.
8.2 Notwithstanding clause 8.1:
(a) following the Service Level Commencement Date, the LFC will be liable to pay Core Service Rebates for a failure to meet the following Service Levels only:
(i) Residential – Fibre Connections Service Level (specified in clause 1.2(a) of Appendix 1 of these Service Level Terms);
(ii) Business – Fibre Connections Service Level (Individual) (specified in clause 1.2(b) of Appendix 1 of these Service Level Terms); and
(iii) Layer 1 Service Availability – Maximum Downtime (specified in clause 2.1 of Appendix 1 of these Service Level Terms); and
(b) in addition to the LFC’s liability to pay Core Service Rebates for failure to meet the Core Service Levels specified in clause 8.2(a) of these Service Level Terms, the LFC will also be liable to pay Core Service Rebates for a failure to meet the following:
(i) NBAP – Fibre Connection Service Level (specified in clause 1.2(c) of Appendix 1 of these Service Level Terms), following the expiry of the first 12 months following the relevant Service Level Commencement Date. These Service Levels will only measure performance across Candidate Areas in which:
(ii) 3,000 or more end users within the Candidate Area; or
(iii) 20% of Premises within the Candidate Area, are (or have been) Connected to the LFC Network (whichever occurs first). This includes any end users Connected to the LFC Network on the Service Level Commencement Date.
8.3 For the avoidance of doubt, the Service Provider will not receive a Core Service Rebate from the LFC for any failure to meet an Ancillary Service Level. The Ancillary Service Levels are reporting metrics only.
8.4 Core Service Rebates reflect the reduced value of the relevant part of the Wholesale Services affected by the Core Service Level Default during the relevant period and are neither liquidated damages nor the Service Provider’s sole and exclusive remedy in respect of the Core Service Level Defaults or the consequences of such defaults.
CORE SERVICE REBATES. 8.1 Subject to clause 4 and clause 8.2, in the event of a Core Service Level Default, the Service Provider will receive a Core Service Rebate from the LFC in accordance with clause 6.5 of the General Terms. The Core Service Rebate will be that set out in Appendix 2.
8.2 Notwithstanding clause 8.1 following the Service Level Commencement Date, the LFC will be liable to pay Core Service Rebates for a failure to meet the following Service Levels only:
(a) Fibre Patching Service Connections Service Level (specified in clause 1.2(a) of Appendix 1 of these Service Level Terms);
(b) Inter-CO Fibre Service Connections Service Level (specified in clause 1.2(b) of Appendix 1 of these Service Level Terms); and
(c) Service Availability – Maximum Downtime Service Level (specified in clause 2.1 of Appendix 1 of these Service Level Terms).
8.3 For the avoidance of doubt, the Service Provider will not receive a Core Service Rebate from the LFC for any failure to meet an Ancillary Service Level. The Ancillary Service Levels are reporting metrics only.
8.4 Core Service Rebates reflect the reduced value of the relevant part of the Wholesale Services affected by the Core Service Level Default during the relevant period and are neither liquidated damages nor the Service Provider’s sole and exclusive remedy in respect of the Core Service Level Defaults or the consequences of such defaults.
CORE SERVICE REBATES. 8.1 Subject to clause 4, in the event of a Core Service Level Default, the Service Provider will receive a Core Service Rebate from the LFC in accordance with clause 6.5 of the General Terms. The Core Service Rebates are set out in Appendix 2.
8.2 For the avoidance of doubt, the Service Provider will not receive a Core Service Rebate from the LFC for any failure to meet an Ancillary Service Level. The Ancillary Service Levels are reporting metrics only.
8.3 Core Service Rebates reflect the reduced value of the relevant part of the Wholesale Services affected by the Core Service Level Default during the relevant period and are neither liquidated damages nor the Service Provider’s sole and exclusive remedy in respect of the Core Service Level Defaults or the consequences of such defaults.
CORE SERVICE REBATES. 8.1 Subject to clause 4 and clause 8.2, in the event of a Core Service Level Default, the Service Provider will receive a Core Service Rebate from the LFC in accordance with clause 6.5 of the General Terms. The Core Service Rebate will be that set out in Appendix 2.
8.2 Notwithstanding clause 8.1:
(a) following the Service Level Commencement Date, the LFC will be liable to pay Core Service Rebates for a failure to meet the following Service Levels only:
(i) Residential – Fibre Connections Service Level (specified in clause 1.2(a) of Appendix 1);
(ii) Business – Fibre Connections Service Level (Individual) (specified in clause 1.2 (b) of Appendix 1);
(iii) Residential – Layer 2 services Service Level (specified in clause 2.1(a) of Appendix 1);
(iv) Business – Layer 2 services Service Level (specified in clause 2.1 (b) of Appendix 1);
(v) Layer 1 Service Availability – Maximum Downtime Service Level (specified in clause 3.1 of Appendix 1);
(vi) Layer 2 Service Availability – Maximum Downtime Service Level (specified in clause 4.1 of Appendix 1);
(vii) Layer 2 Traffic Service Level (specified in clause 6.1 of Appendix 1);
(viii) Layer 1 RSP Establishment Service Level (specified in clause 7.1(a) of Appendix 1);
(ix) Layer 2 RSP Establishment Service Level (specified in clause 7.1 (b) of Appendix 1); and
(x) Provisioning Service Level for the First MDU Order (Fibre Connection and Layer
CORE SERVICE REBATES. Subject to clause 4, in the event of a Core Service Level Default, the Service Provider will receive a Core Service Rebate from the LFC in accordance with clause 6.5 of the General Terms. The Core Service Rebates are set out in Appendix 2.
CORE SERVICE REBATES. 7.1 Subject to clause 4 and clause 7.2, in the event of a Core Service Level Default, the Service Provider will receive a Core Service Rebate from the LFC in accordance with clause 6.5 of the General Terms. The Core Service Rebate will be that set out in Appendix 2.
7.2 Notwithstanding clause 7.1:
(a) the LFC will be liable to pay Core Service Rebates for a failure to meet the following Service Levels only:
(i) Feeder Fibre Splitter – Connection of an Equivalence of Input Feeder Fibre Splitter service Level (specified in clause 1.2(a) of Appendix 1 of this Service Level Terms); and
(ii) Distribution Fibre Connections Service Level (specified in clause 1.2(b) of Appendix 1 of these Service Level Terms); and
7.3 Core Service Rebates reflect the reduced value of the relevant part of the Wholesale Services affected by the Core Service Level Default during the relevant period and are neither liquidated damages nor the Service Provider’s sole and exclusive remedy in respect of the Core Service Level Defaults or the consequences of such defaults.
CORE SERVICE REBATES. 8.1 Subject to clause 4 and clause 8.2, in the event of a Core Service Level Default, the Service Provider will receive a Core Service Rebate from the LFC in accordance with clause 6.5 of the General Terms. The Core Service Rebate will be that set out in Appendix 2.
8.2 The LFC will be liable to pay Core Service Rebates for a failure to meet the following Service Levels:
(a) Co-location Space Allocation (New Interconnection Point) Service Level (specified in clause 1.1(a)(i) of Appendix 1);
(b) Co-location Space Allocation (Existing Interconnection Point) Service Level (specified in clause 1.1(a)(ii) of Appendix 1);
(c) Additional Tie Cable Service Level (specified in clause 1.1(b) of Appendix 1); and
(d) OFDF Service Level (specified in clause 1.1(c) of Appendix 1).
8.3 Core Service Rebates reflect the reduced value of the relevant part of the Wholesale Services affected by the Core Service Level Default during the relevant period and are neither liquidated damages nor the Service Provider’s sole and exclusive remedy in respect of the Core Service Level Defaults or the consequences of such defaults.
CORE SERVICE REBATES.
8.1 Subject to clause 4 and clause 8.2, in the event of a Core Service Level Default, the Service Provider will receive a Core Service Rebate from the LFC in accordance with clause 6.5 of the General Terms. The Core Service Rebate will be that set out in Appendix 2.
8.2 Notwithstanding clause 8.1 following the Service Level Commencement Date, the LFC will be liable to pay Core Service Rebates for a failure to meet the Service Levels set out in Appendix 1 of these Service Level Terms.
8.3 For the avoidance of doubt, the Service Provider will not receive a Core Service Rebate from the LFC for any failure to meet an Ancillary Service Level. The Ancillary Service Levels are information metrics only.
8.4 Core Service Rebates reflect the reduced value of the relevant part of the Wholesale Services affected by the Core Service Level Default during the relevant period and are neither liquidated damages nor the Service Provider’s sole and exclusive remedy in respect of the Core Service Level Defaults or the consequences of such defaults.
