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Broadband Terms

  1. Definitions and Interpretation
  • In this Service Schedule the following expressions shall have the following meanings unless the context otherwise requires:
“ADSL” asymmetric digital subscriber line as more particularly described in clause 5.1;
“ADSL Service” the provision of internet protocol connectivity delivered over the NXCOMS LTD Network with ADSL based access to Users or Additional Users;
“API” means the Application Programming Interface provided by NXCOMS LTD via which Orders may be placed and the Services may be managed by the Client;
“Assured Rate Product(s)” means a product variant offered for the Services where bandwidth is assured across the NXCOMS LTD Network;
“Availability Checker” Availability Checker means the mechanism provided by NXCOMS LTD to be used by the Client to check the CLI status and options available for the provision of LLU Services to an End User;
“Control Panel” means the facility provided by NXCOMS LTD to the Client via which Orders may be placed and the Services may be managed by the Client;
“DSLAM” A network device, located in the telephony exchanges of the service provider that connects multiple customer Digital Subscriber Lines to a high-speed Internet backbone using multiplexing techniques;
“DSL Service” the ADSL Service and/or the FTTC Service and/or the FTTP Service;
“Enhanced Care” the target resolution and response times under the heading “Enhanced” specified within the Fault classification matrix set out in clause 8.5.1;
“Enhanced Care Faults” Faults that are submitted to NXCOMS LTD by a Client who has purchased Enhanced Care;
“Faults” notification of a problem or fault which is submitted by the Client to NXCOMS LTD;
“FTTC” Fibre to the Cabinet services use the same infrastructure as standard 21CN ADSL products but provide higher line rates to an End User’s premises by the use of a fibre connection from the street cabinet to the exchange.
“FTTP” Fibre to the Premises services use the same infrastructure as standard 21CN ADSL products but provide higher line rates to an End User’s premises by the use of a direct fibre connection to the End User premises.
“Help Desk” the telephone help desk described in clause 7.1;
“Incident” a failure of the Service to operate in accordance with its published specification;
“LLU Services” means voice and data services provided or to be provided by NXCOMS LTD pursuant to this Agreement and as specified in the Operations Manual;
“LLU” means Local Loop Unbundling which is technology that allows alternative communications companies to put their own equipment on to the end of an End User’s copper local loop and own the connections for the local exchange instead of BT, so as to offer services in competition with BT;
“Provision Support” Support Services in connection with the implementation of an Order;
“Services” the DSL Service, the Support Service a as applicable given the context in which the term “Services” is used;
“Standard Care” the target resolution and response times under the heading “Standard” specified within the Fault classification matrix set out in clause 8.5.1;
“Support Service” the support services described in clause 7;

 

  • The Condition and Schedule headings are for convenience only and shall not affect the interpretation of this Service Schedule.
  • Any reference to an “hour” means an hour in a day and any reference to a “day” means a period of 24 hours running from midnight to midnight.
  • Except to the extent that they are inconsistent with the definitions and interpretations in this Service Schedule or are otherwise defined in this Service Schedule, the definitions and interpretations in the Master Agreement shall apply to this Service Schedule.
  • The Schedules form part of this Service Schedule and shall have effect as if set out in full in the body of this Service Schedule. Any reference to this Service Schedule includes the Schedules.
  • References to clauses and Schedules are to the clauses and Schedules of this Service Schedule.
  1. The Service Schedule
    • The terms of the Master Agreement shall apply in relation to the supply of the Services and the terms of this Service Schedule shall apply between the parties as if the Master Agreement were incorporated into this Service Schedule.
    • Notwithstanding clause 2.1 the Master Agreement shall remain fully effective and unamended, in relation to the supply of any goods and or services other than the Service.
  2. Commencement and duration of this Service Schedule
    • This Service Schedule commences on the date that it is signed by duly authorised representatives of NXCOMS LTD and will continue unless or until terminated by either party under the terms of the Agreement.
  3. Duration of services
    • The Service Minimum Period for all ADSL (excluding FTTC/FTTP) Services is one (1) month.
    • The Service Minimum Period for new provisions of FTTC and FTTP Services is the lower of (a) one (1) year or (b) the minimum term set by the Service provider for FTTC and FTTP.
    • The Service Minimum Period for migrated in FTTC and FTTP Services is one (1) month.
  4. Description of Services
    • ADSL is a form of DSL, a data communications technology that enables faster data transmission over copper telephone lines than a conventional voiceband modem can provide. It does this by utilising frequencies that are not used by a voice telephone call. By using a splitter or micro filters this allows a single telephone connection to be used for both ADSL service and voice calls at the same time. As phone lines are so varied in quality and weren’t initially provisioned with ADSL in mind it can generally only be used over short distances, typically less than 5 km.
    • At the telephone exchange, the line generally terminates at a DSLAM where another frequency splitter separates the voice band signal for the conventional phone network. The data stream carried by the ADSL physical layer is typically routed over the telephone company’s data network to service centre where the encapsulated IP packets are eventually routed onto a conventional internet network.
      • FTTC / FTTP Services use the same infrastructure as standard 21CN ADSL products but provide higher line rates to an End User’s premises by the use of a fibre connection from the street cabinet to the exchange in the case of FTTC and a direct fibre connection from the End User premises in the case of FTTP.
      • Service Limitations FTTC / FTTP Services are only available in areas where the appropriate infrastructure exists as indicated by the NXCOMS LTD availability checker facility on the Control Panel.
      • Standard Care Service Levels are provided and options are available for Elevated care levels for FTTC / FTTP products.
  1. Support Services
    • During the hours of Service specified in clause 6.2, NXCOMS LTD will provide a client service and administration telephone and email help desk facility (“Help Desk”) for the benefit of the Client. NXCOMS LTD shall accept calls for English language telephone support in connection with Orders and Faults during the hours of Service specified in clause 6.2. For the avoidance of doubt, NXCOMS LTD shall be under no obligation to provide any technical assistance to the Users.
    • Hours of Service
      • Office Hours. The Help Desk will be available to receive calls for English language telephone Support (Second Level Support) Monday to Friday, from 09:00 to 17:00, excluding Bank Holidays. Proactive notifications for both support and provide activities will occur during these hours.
      • Out of Hours. Outside Normal Business Hours, no proactive updates will be supplied via email on Standard Care Products. Outside Normal Business Hours support is only available for response to new and open Enhanced Care Incidents that are raised via the Control Panel or by a support team.
    • Scheduled and Emergency Maintenance
      • From time to time NXCOMS LTD may interrupt the Service to maintain, update or enhance software Equipment or other aspects of the Service and/or the NXCOMS LTD Network (“Maintenance Events”). NXCOMS LTD will, where possible, give the Client a minimum of 1 Business Day advance notice of such events, and where possible will schedule Maintenance Events so as to cause minimum interruption of the Service. For the avoidance of doubt, it may not be possible to give such notice where interruption to the Service is necessary to deal with Incidents occurring in connection with the Service.
      • From time to time NXCOMS LTD may interrupt the Service to carry out emergency maintenance to the NXCOMS LTD Network in order to maintain appropriate levels of service quality and to provide where possible minimum impact to the Service.
      • NXCOMS LTD shall use reasonable endeavours to ensure that:- scheduled Maintenance Events will not exceed 3 hours in any calendar month;
        –         emergency Maintenance Events will not exceed 3 hours in any calendar month.Provided That the Client accepts that it may not be possible for NXCOMS LTD to provide the Client with advanced notification of emergency Maintenance Events.
      • Any Maintenance Events which occur during Normal Business Hours, and which were not requested by the Client, shall be considered downtime for the purpose of service availability measurement set out in clause 9.
  1. Service Management
    • Fault Reporting
      • The Client must submit all Faults to NXCOMS LTD via:a) Sending an email to support@nxcoms.co.uk
        b) By phone (01617111100) into the support teamAll Fault Reports submitted by the Client must provide a complete description of the Fault and any information reasonably requested by NXCOMS LTD. The support case in respect of an Fault will be raised after the Client performs the first line diagnostics with the User or Additional User to conduct an initial assessment of the cause of an Incident.
      • All corresponding communications made by the Client to the Support Team must include the broadband username. Updates to Faults should be submitted to us via email.
    • Fault Report Priority Levels
      • On receipt of an Fault Report from the Client, NXCOMS LTD (acting reasonably) shall determine the priority of any Fault using the Priority Levels.
    • Fault Response Timescales
      • NXCOMS LTD shall use best endeavours to assign an Fault to an appropriate NXCOMS LTD engineer within 1 Business Hour of receipt of the Fault Report for no less than 98% of Incidents properly submitted to NXCOMS LTD by the Client in accordance with clause 8.1.1.
      • NXCOMS LTD shall use best endeavours to make an update on a Fault available to the Client via email within the response times specified in clause 8.5.1.
    • Fault Resolution Targets
      • NXCOMS LTD shall seek to resolve issues clear Faults within the relevant care level as per the matrix set out in clause 8.5.1.
    • Fault Classification Matrix
      • The Fault classification matrix set out below outlines the description, resolution and scheduled updates frequencies for the associated Fault
Priority Description Target Resolution Time NXCOMS LTD Updates Expected
Standard Enhanced
Critical Complete network outage affecting multiple users as a result of an NXCOMS LTD network failure 8 hours 4 hours Every 60 minutes
High Total loss of service affecting 1 or more users 40 hours 24 hours 1-4 hours
Medium Partial loss of service or degraded performance. 40 hours 24 hours 1-4 hours
Low General support queries including provisioning and billing 40 hours 24 hours 1-4 hours

 

  • The Client understands and accepts that it may be necessary to extend the timescales in the Fault classification matrix above due to the complexity of the Fault or where NXCOMS LTD is dependent on a third party for resolution of the Fault. In such circumstances, NXCOMS LTD shall use reasonable endeavours to eliminate or reduce the impact of the Fault on the Service by provision of a workaround, with permanent correction to follow.
  • Clearance of Fault
    NXCOMS LTD will clear an Incident reported to NXCOMS LTD by the Client in accordance with this Service Schedule and an Fault Report will be considered to have been cleared where either:

    • it is corrected by NXCOMS LTD (including the provision of a temporary fix); or
    • NXCOMS LTD has investigated the Fault and NXCOMS LTD’s initial fault diagnostic testing indicates that the Fault is not found and/or is not the fault of NXCOMS LTD; and this has been confirmed by NXCOMS LTD to the Client.
  • Escalation Process
    NXCOMS LTD has its own escalation process where an Fault is understood as a clear request for the support of a higher technical or management level in order to clear the Fault. If the Fault is considered to be not progressing in a satisfactory manner or if it is foreseen that the targeted time to repair will not be met, either party may request an escalation of the Fault.
  1. Service Availability
    • Overall Service Availability
      NXCOMS LTD will use reasonable endeavours to provide a monthly overall Service availability of not less than 99.7% for all Users connected to the NXCOMS LTD network. For the purposes of this clause 8.1, overall service availability shall mean the availability of two way communication of the virtual communication link (expressed as a percentage) between the access entry port on which the Data Terminating Equipment (“DTE”) originator is connected and the NXCOMS LTD Network access exit port on which the DTE destination is connected, excluding scheduled Maintenance Events as described in clause 6.3, User-caused or third party-caused outages or disruptions (except to the extent that such outages or disruptions are caused by those duly authorised third parties sub-contracted by NXCOMS LTD to provide the Service), or outages or disruptions attributable in whole or in part to force majeure events within the meaning that term as defined in the Master Agreement.
    • Service Credits
      NXCOMS LTD will use its reasonable endeavours to recover service credits from the operators when circumstances indicate they should be available if service credits are received these will be passed on to the Client.
    • Control Panel Availability
      NXCOMS LTD will use reasonable endeavours to provide a monthly average uptime availability of the Control Panel of at least 99.95% for the Client.This availability refers to an access point on NXCOMS LTD’s backbone network. It does not apply to the portion of the circuit that does not transit NXCOMS LTD’s backbone network. Availability does not include scheduled Maintenance Events as described in clause 6.3, Customer-caused or third party-caused outages or disruptions (except to the extent that such outages or disruptions are caused by those duly authorised third parties sub-contracted by NXCOMS LTD to provide the Control Panel), or outages or disruptions attributable in whole or in part to force majeure events as defined in the Master Agreement.
    • Network Performance
      • Standard DSL Services
        (i) NXCOMS LTD shall use best endeavours to provide a DSL Service to Users and Additional Users that over the course of any calendar month does not exceed an average latency of 50 milliseconds assuming interleaving is not enabled on the Service.
        (ii) NXCOMS LTD shall use best endeavours to provide a DSL Service that over the course of any calendar month has an average packet loss across the NXCOMS LTD Network of less than 0.5%. Provided that, notwithstanding clauses 8.4.1 (i) and (ii), the Client understands and accepts that these targets are best endeavours and whilst NXCOMS LTD shall do their utmost to ensure ongoing network performance on occasion circumstances relating to the Service Provider network that are out of the control of NXCOMS LTD may cause latency and general network performance to be affected.
  1. Standard Charges
    • The Client will pay the following standard charges in relation to Services:
      • the Activation Charge if applicable.
      • the fixed Monthly Recurring Charge (MRC) per access circuit. This differs according to variant.
      • Variable Charges that may apply from time to time (e.g. for service upgrades).
    • The Charges are specified in a quote provided to the Client in advance of agreeing to any Service and completing a Telecoms Agreement Form.
  2. Availability of Standard BT Exchange Lines
    • The Charges are calculated on the basis that:
      • for the ADSL Service, the User or Additional User will provide a suitable standard BT Exchange Line that will support ADSL and the current analogue voice service (“Shared Line”);
      • for the FTTC Service, the User or Additional User will provide a suitable standard BT Exchange Line that will support FTTC and the current analogue voice service (“Shared Line”);
      • for the FTTP Service, NXCOMS LTD will either provide a dedicated fibre line that will only support FTTP (“Dedicated Line”), or the User or Additional User will provide a suitable standard BT Exchange Line that will support FTTP and the current analogue voice service (“Shared Line”);
    • Where a Shared Line is used to deliver the DSL Service through the duration of the Service Schedule, the User or Additional User must pay full line rental, in addition to the DSL subscription, to BT or another communications provider. For the avoidance of doubt, where a Dedicated Line is used to deliver the DSL Service, no line rental is payable to BT or any other third party for that line.
  3. Charges Mandated By Service Provider

NXCOMS LTD reserves the right to pass on to Clients on a cost basis (adding no additional percentage increase) any charges levied by the Service Provider to which it is exposed as a result of the Client and/or its Users’ and/or Additional Users’ actions.

 

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