Common use of Target Service Availability Clause in Contracts

Target Service Availability. For Ethernet VPN Circuits, the Supplier guarantees the circuit Availability for each Circuit to be at least 99.9% for a Service provided with a third party access circuit and 99.95% for a Service provided wholly on the Supplier Network, in each 12 month period following the Customer Execute Date and each anniversary thereof. For the purpose of calculating Availability, “Unavailable Time” means a period of time when there is a total break in transmission or where the bit error rate in each of ten consecutive seconds is worse than 1 x 10-3. Where the Availability of the Service falls below the percentages set out above, the Customer shall be entitled to Service Credits in accordance with Tables 2A and 2B below. Circuit Availability in each 12 month period, where Circuit is provided using 3rd party access circuit Service Credits as percentage of one month’s Rental applicable to the affected Circuit 99.9% or greater 0% Less than 99.9% to 99.79% 60% Less than 99.79% to 99.5% 90% Less than 99.5% 100% Circuit Availability in each 12 month period, where Circuit is provided using 3rd party access circuit Service Credits as percentage of one month’s Rental applicable to the affected Circuit 99.95% or greater 0% Less than 99.95% to 99.85% 60% Less than 99.85% to 99.5% 90% Less than 99.5% 100% The Target Repair Time for Ethernet VPN Ethernet Circuits is 5 hours. Where the Ethernet VPN Circuit utilises a BT Shorthaul Data Service or where the Fault is caused by a fibre break, the Target Repair Time is 48 hours. In the event that the Supplier fails to repair a Fault within the specified Target Repair Time then Service Credits will be payable in accordance with Table 3 below: Hours past Target Repair Time Service Credits as percentage of one month’s Rental applicable to the affected Circuit up to 2 hours 6% 2 to 3 hours 12% 2 to 3 hours 18% 2 to 3 hours 24% 2 to 3 hours 30% Repair times for non-Service affecting faults will be agreed on a case by case basis. No Service Credits shall be payable for failure to repair non-Service affecting faults within the Target Repair Time. Measurement of Repair Time will commence at the time the Customer or the Supplier raises a Remedy Fault ticket and will end when the Supplier confirms to the Customer that Service has been restored, or in the event that the Supplier is unable to contact the Customer, then from the time logged by the Supplier that Service is Available. Any period during which the Service is deemed Available pursuant to Paragraph 7 above shall not be included in the measurement of Repair Time. Vaioni Service Level Agreement – PWAN Please use the SLA’s given above to define the SLA of the connections that connects you to the PWAN. If a connection within your PWAN is not defined with an SLA, then it will not be covered under any SLA. The core of the PWAN is defined by the SLA within the Managed Security / Cisco Device Management SLA above. Vaioni Service Level Agreement – Virtual Networks This Service Level Agreement (SLA) is provided in addition to our contractual obligations under the terms and conditions for VNOConnect and is limited in scope to wholly UK provided circuits with a contract length in excess of eleven months.