Service Level Agreement

Service Level Agreement 1 Service Level Agreement 1.1 This Service Level Agreement sets out the procedure for the Customer to follow when reporting a Fault, the applicable Service Levels and any Rebates that may be provided. 2 Fault Management 2.1 Fault Reporting Process The Customer shall contact Interactive s service desk when requesting any support for the Services or in relation to a Fault. Before reporting a Fault to Interactive, the Customer must take reasonable steps to ensure that the Fault is not caused by the Customer, its equipment or network. If, after taking those steps, the Customer is satisfied that a Fault is not due to an issue with its equipment or network (that is, the Fault is not within the Customer s responsibility domain), the Customer may report the Fault to the Service Desk in the following ways: Phone: 1300 669 670 in Australia or +61 2 9200 2679 internationally The Customer shall place any severity 1 or 2 Faults by telephone. Online: http://www.interactive.com.au/support Email: support@interactive.com.au When logging a Fault Call, the Customer shall provide the following information: (iv) (v) Customer Name and Service ID affected by the Fault. Description of the Fault. Name and contact details of the person reporting the Fault. Name and location of the Service Delivery Location. Business / trading hours of the Service Delivery Location. 2.2 Interactive will issue all Faults logged with the Service Desk with an incident number. This incident number will be the sole reference number for the Fault and is will be referenced in subsequent communication from Interactive regarding the Fault. 2.3 The Customer may log non-critical issues that do not affect the Service, but do require attention, by emailing the Service Desk. Interactive will provide an incident number for all issues, including non-critical issues. Interactive will respond by email to all Faults the Customer logs by email. 2.4 The Customer may request a Fault Call be escalated to Interactive s management if the Customer believes the Fault is not progressing in a satisfactory manner, after following the standard fault reporting process. Network Services SLA 20180102 cl Page 1 of 7

3 Fault Classification 3.1 How Faults are Classified The Service Desk will determine the severity of any reported Fault based upon the Customer s impact assessment, having regard to the urgency and impact factors in Table A and Table B. The Customer s callers to the Service Desk must define the level or urgency of the Fault in accordance with Table A and define the impact of the Fault in accordance with Table B. Notwithstanding the urgency or impact factors: Interactive will classify any Fault Calls placed by the Customer by email or online as Severity 3 or 4 incidents; and Services with a Standard or Basic Availability Class have a maximum severity level of Severity 2 High. Table A Urgency Factors Critical High Medium Low Critical business Important business Administration activities Business function function impacted. function is impacted. impacted. continues. Table B - Impact Factors Critical High Medium Low All Customer users are All business unit or All team users are Only an individual is department users are (d) Upon receiving advice of the severity and impact of the Incident Interactive will allocate a severity level in accordance with Table C. Table C Severity Level Severity Impact Critical High Medium Low Critical SEV 1 SEV 2 SEV 2 SEV 3 High SEV 1 SEV 2 SEV 3 SEV 4 Urgency Medium n/a SEV 3 SEV 4 SEV 4 Low n/a SEV 4 SEV 4 SEV 4 3.2 Initial Impact Assessment Where there is doubt regarding impact to a significant number of users or a few users, Interactive will be conservative and classify the Fault initially at the next highest level. Interactive may adjust the Fault severity level at a later time with a valid reassessment. Network Services SLA 20180102 cl Page 2 of 7

Where the assessed severity does not reflect the Customer s requirements, the Customer may escalate the matter to Interactive s Contract Representative. This is the initial step before Interactive will assign a higher severity level. 4 Service Level - Response Time 4.1 Interactive will use reasonable endeavours to respond to the Customer s Fault Calls within the Response Time set out in Table D. Table D Response Time Severity Level Response Time Faults logged by Telephone Faults logged by Email or online Severity 1 Critical < 30 minutes < 8 hours Severity 2 High < 1 hour < 8 hours Severity 3 Medium < 8 hours (Business Hours) < 8 hours (Business Hours) Severity 4 Low < 24 hours (Business Hours) < 24 hours (Business Hours) 5 Service Level - Restoration Time 5.1 Interactive will use reasonable endeavours to Restore a Fault within the Restoration Time set out in Table E. 5.2 A Service may be Restored via temporary measures. Permanent corrective actions are not required for the Service to be deemed Restored. 5.3 Fault Restoration The Restoration Time Service Level is conditional on Interactive or its representative having access to the Customer s premises, local exchange, street cabling pits and equipment. Interactive will contact the Customer and confirm that the Service is operating satisfactorily after Restoring the Service. Table E Restoration Time Severity Level Restoration Time Fault within Interactive s Responsibility Domain, where Interactive is the Provider Fault within the Provider s Responsibility Domain, where the Provider is a third party Severity 1 Critical 4 hours 12 hours Severity 2 High 8 hours 24 hours Severity 3 Medium 1 day (Business Hours) N/A Severity 4 Low 2 days (Business Hours) N/A Network Services SLA 20180102 cl Page 3 of 7

6 Service Level - Availability 6.1 Interactive will use reasonable endeavours to ensure the Services are Available each month for the applicable target percentage set out in Table F, based on the Availability Class for the Service. 6.2 Availability A Service is deemed to be Available at a Service Delivery Location if there is an ability for communications to occur between the boundary of that Service Delivery Location and: for Internet Services, the Internet; for a Point to Point Service, the other Service Delivery Location to which the Service is connected; or for a Multipoint Service, any one other Service Delivery Location in the same private network. The Availability target percentage is calculated in accordance with the following formula: Availability Target % = (Total minutes in a month - Unavailable Minutes / Total minutes in the month) x 100 6.3 Unless the Service is specified in the Statement of work to be a managed Service, Interactive does not monitor or measure availability of the Service. The Customer is responsible to measure and show evidence for Availability for self-managed Services. The Provider s monitoring tools will be the prevailing evidence to determine whether a managed Service was Available. Table F Availability Availability Class Availability Target % Enhanced 99.95% Standard 99% Basic N/A VOIP Enhanced 99.9% VOIP Standard 99% VOIP Basic N/A 7 Rebates 7.1 If a Service was not Available in a month for the applicable target percentage set out in Table F, based on the Availability Class for the Service, the Customer may request a Rebate. 7.2 Interactive will consider requests for Rebates upon receipt of the Customer s request. Interactive will provide the Rebate, in the form of a credit, if Interactive is satisfied the Availability Service Level was not met during the month. 7.3 Rebates are calculated in accordance with Table G. The Rebate Percentage set out in that table is the percentage of Service Fees paid by the Customer to Interactive for the Service delivered to the Service Delivery Location where the Availability Service Level was not met. For the avoidance of doubt, the Rebate Percentage is not a percentage of all amounts paid by the Customer for Services. Network Services SLA 20180102 cl Page 4 of 7

7.4 The Customer s request for a Rebate must: be in writing and be received by Interactive within 14 days after the end of the month in which the Availability Service Level was not met; include evidence to satisfy Interactive the Service was not Available (for self-managed Services only); and include the Fault incident number given to the Customer when the Customer placed the Fault Call. 7.5 Even if a Rebate is providable, Interactive is not required to provide the Rebate unless: the Customer placed a Fault Call with Interactive for the Fault that caused the failure to achieve the Availability Service Level; Interactive is still providing the Service to the Customer; and the Customer complied with clause 7.4 when requesting the Rebate. 7.6 A Fault can only be counted against one Rebate. If a Fault that causes a failure to achieve the Availability Service Level continues across a two-month boundary, the failure is deemed to only occur in the month in which the Fault first occurs. For the avoidance of doubt, a single Fault that continues across two months does not count for Rebates across two months, even if the Fault caused a failure to achieve the Availability Service Level in two months. 7.7 The maximum aggregate amount of Rebates providable by Interactive in a month is 10% of the Service Fees paid for the month for the Service for which the Availability Service Level was not met. Table G Rebates Availability Class Availability Target % Availability Rebate Percentage Enhanced 99.95% 99.5% - < 99.5% - 98% 5% < 98% 10% Standard 99% 99% - < 99% - 98% 5% < 98 10% Basic N/A - - VOIP Enhanced 99.9% < 99.9% 10% VOIP Standard 99% < 99% 10% VOIP Basic N/A - 8 General Terms 8.1 Notwithstanding any other provision of the Service Level Agreement, Interactive is deemed to have not breached a Service Level, and the Customer is not entitled to a Rebate, where: Interactive's failure to achieve the relevant Service Level is directly or indirectly caused or contributed by: Third Party Fault; Customer Events; Planned Outage Periods; Network Services SLA 20180102 cl Page 5 of 7

(iv) (v) (vi) Emergency Events; suspension of the Services in accordance with the Statement of Work; or software Interactive or the Provider uses or makes available to the Customer in connection with the Service; (d) (e) the Customer cannot show evidence that the Service was not Available to Interactive s satisfaction (for self-managed Services only); the Customer failed to provide access to their premises or the Service Delivery Location to repair a Fault, or failed to co-operate with Interactive as reasonably required to rectify the Fault; the Customer has modified or changed any aspect of the original installation without Interactive s consent or used the Service improperly; or the Customer failed to notify Interactive of a Fault. 8.2 The Customer agrees that, to the extent permitted by law, a Rebate is the sole remedy available to the Customer in respect of failures to achieve the Service Levels. 8.3 Interactive may vary this Service Level Agreement at any time, without notice to the Customer, by publishing updated documents at the relevant URL. The Customer is responsible to check this Service Level Agreement regularly to ensure it is aware of the latest version. 9 Definitions Terms defined in an agreement for Services between you and Interactive also apply to this Service Level Agreement. After Hours means all times except Business Hours. Availability means when the Service is available to the Customer, as determined in accordance with clause 6.2, and Available has a corresponding meaning. Business Hours means Monday to Friday, excluding public holidays: 8:30am to 5:30pm AEST. Customer means Interactive s customer named in the Statement of Work or other agreement for the Services. Customer Events means any one or more of the following: (d) any act or omission by the Customer; the Customer s negligent, fraudulent or intentional acts or omissions; the Customer s breach of the agreement for Services; or the Customer s equipment failing or any Faults within the Customer s Responsibility Domain. Emergency Events means any one or more of the following: a Force Majeure event; unscheduled maintenance in cases of emergency or urgent Service interruption; or power interruptions. Fault means an issue affecting a Service that requires immediate attention, which may include degradation of the Service. Network Services SLA 20180102 cl Page 6 of 7

Fault Call means when the Customer has notified Interactive in accordance with this Service Level Agreement about a Fault (which may be by email, online or telephone), including by providing all required information about the Fault, as set out in clause 2.1. Multi-Point Service means E-LAN Ethernet Services or IP WAN Services. Point-to-Point Service means Ethernet (except E-LAN), Dark Fibre and Wavelength Services connecting two Service Delivery Locations. Rebate means the credit provided by Interactive for failing to achieve the Availability Service Level, determined in accordance with clause 7. Response Time means the time from when Interactive receives a Fault Call from the Customer to when a technical resource begins investigating the Fault to conduct initial diagnosis. Where possible, Interactive will provide a status advice to the Customer with an indication of the nature of the Fault and estimated time to restore the Service. Responsibility Domain means the area of the Service that Interactive, the Customer or the Provider is responsible for. For example: Customer Equipment is in the Customer s Responsibility Domain; CPE managed by Interactive is in Interactive s Responsibility Domain. Restoration means, in respect of a Fault, the return to normal Service operation, which may be achieved by temporary measures, and Restore has a corresponding meaning. Restoration Time means the time taken from when Interactive receives a Fault Call from the Customer, until the time the Service is Restored. Services means the network and communications services provided by Interactive to the Customer under a Statement of Work that references this Service Level Agreement. Service Desk means Interactive s Service Desk, which operates 24 x 7. Service Levels means the service levels specified in this Service Level Agreement. Service Level Agreement means this document, as it may be updated from time to time by Interactive, which describes the Service Levels for the relevant Services and Rebates (if any). Third Party Fault means any one or more of the following: any act or omission by any third party; failure by the provider of services utilised by the Provider to deliver Services; or any event or component of the Service beyond Interactive s control, which may include breakdowns of machinery or equipment, facilities outside of Interactive s control or telecommunications failure. Unavailable Minutes means the total number of minutes that the Service is not Available due to issues with the Provider s Network, excluding time the Service is unavailable in the circumstances set out in clause 8.1. Network Services SLA 20180102 cl Page 7 of 7