Common use of WHAT IS NOT COVERED Clause in Contracts

WHAT IS NOT COVERED. 7.1 The service levels, service guarantees and any compensation payments will not apply if (a) the failure by BT is due to the Communications Provider’s own network or equipment or any other network or equipment outside the BT Network; or (b) the Communications Provider is in breach of any part of this Contract which relates to the provision of the Service to the relevant Site or in respect of the relevant Service BT suspends the Service or any part of it in accordance with this Contract; or (c) through no fault of its own or because of circumstances beyond its reasonable control, BT is unable to carry out any necessary work at, or gain access to the Site or the Communications Provider fails to agree an appointment date or work is aborted due to the Communications Provider; or (d) the Communications Provider and BT agree a different timescale in writing (which shall include e-mail) for performance of the relevant Service; or (e) reasonable assistance is required or information is reasonably requested by BT within a reasonable timescale from the Communication Provider or the End User or a third party and such assistance or information is not provided; or (f) through no fault of its own, BT is unable to obtain any necessary permissions or consents required in connection with the performance of a particular service level; or (g) the failure is due to a Force Majeure event; or (h) the failure is due to a planned outage on EMP, Emergency Service interruption or Scheduled Outage on EMP ; or (i) the failure is due to an inaccurate Order being submitted by the Communications Provider and the Communications Provider has been informed by the end of the next Working Day; or (j) if the fault is not reported in accordance with fault reporting provisions in Schedule 2 (paragraph 4) and the Communications Provider has been informed by the end of the next Working Day; or (k) if the fault is due to a failure in the public internet Service Level Guarantees (SLGs) will not apply to the DFA Service for the period from soft launch and full launch of the DFA Service. During the intervening period BT will engage with CPs in good faith negotiations with respect to the SLGs that will apply from full launch. Compensation payments are marked as “TBA” in this Schedule 4(b) which will mean zero payments until the time of full launch. This Service Level Agreement is applicable to the DFA Service.

WHAT IS NOT COVERED. 7.1 The service levels, service guarantees and any compensation payments will not apply if (a) the failure by BT is due to the Communications Provider’s own network or equipment or any other network or equipment outside the BT Network; or (b) the Communications Provider is in breach of any part of this Contract which relates to the provision of the Service to the relevant Site or in respect of the relevant Service BT suspends the Service or any part of it in accordance with this Contract; or (c) through no fault of its own or because of circumstances beyond its reasonable control, BT is unable to carry out any necessary work at, or gain access to the Site or the Communications Provider fails to agree an appointment date or work is aborted due to the Communications Provider; or (d) the Communications Provider and BT agree a different timescale in writing (which shall include e-mail) for performance of the relevant Service; or (e) reasonable assistance is required or information is reasonably requested by BT within a reasonable timescale from the Communication Provider or the End User or a third party and such assistance or information is not provided; or (f) through no fault of its own, BT is unable to obtain any necessary permissions or consents required in connection with the performance of a particular service level; or (g) the failure is due to a Force Majeure event; or (h) the failure is due to a planned outage on EMP, Emergency Service interruption or Scheduled Outage on EMP ; or (i) the failure is due to an inaccurate Order being submitted by the Communications Provider and the Communications Provider has been informed by the end of the next Working Day; or (j) if the fault is not reported in accordance with fault reporting provisions in Schedule 2 (paragraph 4) and the Communications Provider has been informed by the end of the next Working Day; or (k) if the fault is due to a failure in the public internet Service Level Guarantees (SLGs) will not apply to the DFA Service for the period from soft launch and full launch of the DFA Service. During the intervening period BT will engage with CPs in good faith negotiations with respect to the SLGs that will apply from full launch. Compensation payments are marked as “TBA” in this Schedule 4(b) which will mean zero payments until the time of full launch. This Service Level Agreement is applicable to the DFA Service. The Service Level Guarantee and compensation elements of this Schedule will apply to new Orders placed and faults from 1st June 2022.

WHAT IS NOT COVERED. 7.1 The service levels, service guarantees and any compensation payments levels will not apply if (a) the failure by BT is due to the Communications Provider’s own network or equipment or any other network or equipment outside the BT Network; or (b) the Communications Provider is in breach of any part of this Contract which relates to the provision of the Service to the relevant Site or in respect of the relevant Service BT suspends the Service or any part of it in accordance with this Contract; or (c) through no fault of its own or because of circumstances beyond its reasonable control, BT is unable to carry out any necessary work at, or gain access to the Site or the Communications Provider fails to agree an appointment date or work is aborted due to the Communications Provider; or (d) the Communications Provider and BT agree a different timescale in writing (which shall include e-mail) for performance of the relevant Service; or (e) reasonable assistance is required or information is reasonably requested by BT within a reasonable timescale from the Communication Provider or the End User or a third party and such assistance or information is not provided; or (f) through no fault of its own, BT is unable to obtain any necessary permissions or consents required in connection with the performance of a particular service level; or (g) the failure is due to a Force Majeure event; or (h) the failure is due to a planned outage on EMP, Emergency Service interruption or Scheduled Outage on EMP ; or (i) the failure is due to an inaccurate Order being submitted by the Communications Provider and the Communications Provider has been informed by the end of the next Working Day; or (j) if the fault is not reported in accordance with fault reporting provisions in Schedule 2 (paragraph 4) and the Communications Provider has been informed by the end of the next Working Day; or (k) if the fault is due to a failure in the public internet Service Level Guarantees (SLGs) will not apply to the DFA Service for the period from soft launch and full launch of the DFA Service. During the intervening period BT will engage with CPs in good faith negotiations with respect to the SLGs that will apply from full launch. Compensation payments are marked as “TBA” in this Schedule 4(b) which will mean zero payments until the time of full launch. This Service Level Agreement is applicable to the DFA Service.internet

WHAT IS NOT COVERED. 7.1 The service levels, service guarantees and any compensation payments will not apply if (a) the failure by BT is due to the Communications Provider’s own network or equipment or any other network or equipment outside the BT Network; or (b) the Communications Provider is in breach of any part of this Contract which relates to the provision of the Service to the relevant Site or in respect of the relevant Service BT suspends the Service or any part of it in accordance with this Contract; or (c) through no fault of its own or because of circumstances beyond its reasonable control, BT is unable to carry out any necessary work at, or gain access to the Site or the Communications Provider fails to agree an appointment date or work is aborted due to the Communications Provider; or (d) the Communications Provider and BT agree a different timescale in writing (which shall include e-mail) for performance of the relevant Service; or (e) reasonable assistance is required or information is reasonably requested by BT within a reasonable timescale from the Communication Provider or the End User or a third party and such assistance or information is not provided; or (f) through no fault of its own, BT is unable to obtain any necessary permissions or consents required in connection with the performance of a particular service level; or (g) the failure is due to a Force Majeure event; or (h) the failure is due to a planned outage on EMP, Emergency Service interruption or Scheduled Outage on EMP ; or (i) the failure is due to an inaccurate Order being submitted by the Communications Provider and the Communications Provider has been informed by the end of the next Working Day; or (j) if the fault is not reported in accordance with fault reporting provisions in Schedule 2 (paragraph 4) and the Communications Provider has been informed by the end of the next Working Day; or (k) if the fault is due to a failure in the public internet Service Level Guarantees (SLGs) will not apply to the DFA Service for the period from soft launch and full launch of the DFA Service. During the intervening period BT will engage with CPs in good faith negotiations with respect to the SLGs that will apply from full launch. Compensation payments are marked as “TBA” in this Schedule 4(b) which will mean zero payments until the time of full launch. This Service Level Agreement is applicable to the DFA Service.internet