UA-196419771-1
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SERVICE GUARANTEE

 

Introduction

1.1. This Service Guarantee is incorporated into the General Terms and Conditions (“General Terms”) between IntechService Ltd, a company incorporated in England and Wales (company number 09141768 “IntechService”); and you (“Customer”).

 

1.2. Unless stated otherwise in this Service Guarantee, capitalised terms set out in this Service Guarantee have the meanings set out in clause 1 (Definitions and Interpretation) of the General Terms, and in addition, the following terms shall have the following meanings:

“Availability Target” means the availability target set out in the relevant Order;

“Outage” means any period during which the Service is unavailable;

“Outage Notification” has the meaning given in section 2.2;

“Permitted Downtime” means any periods during which the Service is unavailable as a result of: (a) network maintenance, in accordance with clause 11.2 of the General Terms; (b) IntechService Ltd’s suspension of the Service in accordance with its rights under the Agreement; or (c) any act or omission by the Customer or any maintenance or downtime of the Customer Equipment or systems;

“Qualifying Outage” means an Outage which is not attributable to Permitted Downtime or Relevant Delays;

“Relevant Delays” has the meaning given in section 3.1;

“Service Charge” means the Charges applicable to the relevant connectivity service provided by IntechService Ltd which is affected by an Outage, excluding any other Charges set out in an Order (including, but not limited to, Set-up Charges);

“Service Credit” means a service credit to which the Customer may be entitled (subject to the terms of this Service Guarantee) following a Qualifying Outage;

“Service Credit Threshold” means (i) where an Order states that a Service benefits from an Availability Target of 99.99%, 4 minutes, or (ii) where an Order states that a Service benefits from an Availability Target of 99.9%, 44 minutes; and

“Service Level” means a service level set out in an Order.

 

1.3. This Service Guarantee sets out the standards to which IntechService Ltd shall deliver the Services to the Customer pursuant to the Agreement and each Order.


 

Qualifying Outages

2.1. Subject to the other provisions of this Service Guarantee, IntechService Ltd shall use reasonable endeavours to (i) provide the Services so as to meet or exceed the Service Levels, and (ii) ensure that no Outages occur.

2.2. An Outage shall be notified (a) by IntechService Ltd’s receipt of the Customer’s written notification of the relevant Outage (including via IntechService Ltd’s online helpdesk available at support@intechservice.co.uk), (b) by IntechService Ltd’s receipt of the Customer’s telephone notification of the relevant Outage (using the 24-hour telephone support line operated by IntechService Ltd), (c) by IntechService Ltd’s written notification of the relevant Outage to the Customer, or (d) by any other method agreed in writing between the Parties (“Outage Notification”). The Customer agrees that provision of an Outage Notification does not automatically mean a Qualifying Outage has occurred.

2.3. In the event that a Qualifying Outage occurs affecting the Services, subject to the terms of this Service Guarantee, the Customer shall be entitled to Service Credits as set out below:


 

TIME PERIOD SINCE THE BEGINNING OF THE QUALIFYING OUTAGE (AS ESTABLISHED IN ACCORDANCE WITH SECTION 3) 

SERVICE CREDIT 

0 minutes to start of Service Credit Threshold:

Nill

Service Credit Threshold:

1 days’ worth of Service Charge

 

For every 12 minutes, starting at the Service Credit Threshold, up until the expiry of 6 hours (359 minutes) following the start of the Qualifying Outage:

1 days’ worth of Service Charge (per 12 minutes)

From the start of 7 hours (360 minutes) following the start of the Qualifying Outage up until the expiry of 24 hours (1,439 minutes):

Nil

At the expiry of 24 hours (1,439 minutes) following the start of the Qualifying Outage:

following the start of the Qualifying Outage: 1 calendar month's worth of Service Charge


 

2.4. Service Credits for each individual Qualifying Outage are capped at two (2) calendar months’ worth of Service Charge.

 

2.5. IntechService Ltd shall calculate one (1) day’s worth of Service Credit in accordance with the following formula: monthly Service Charge for the affected Service, divided by 30.

 

Measurement of Qualifying Outages

 

3.1. For the purposes of calculating whether a Qualifying Outage has occurred (or the length of a Qualifying Outage), the Parties shall disregard any events or periods caused by any of the following (together, “Relevant Delays”):

a) the Customer’s breach of the Agreement or the relevant Order, including by way of IntechService Ltd’s suspension of Services in accordance with the Agreement;

b) a Force Majeure Event;

c) the Customer’s use of the Services in non-compliance with the Agreement, the relevant Order or IntechService Ltd’s instructions or advice;

d) the failure of the Customer’s employees, agents, or representatives to provide such assistance or cooperation as is reasonably requested by IntechService Ltd, its employees, agents or subcontractors (including the provision of information, access (whether physical or virtual) to the Customer’s systems, Customer Premises or any Building, or the supply of the necessary power or facilities) or to be contactable by IntechService Ltd to confirm the relevant Service is restored;

e) any failure or delay in the resolution of an Outage caused by the Customer, its employees, agents, or representatives; or

  • f) a failure of any network, equipment, circuit, or software not operated or controlled by IntechService Ltd.

3.2. For the purposes of calculating the duration of any Qualifying Outage:

a) such Qualifying Outage shall commence at the time as determined by IntechService Ltd’s fault management system, regardless of when the Outage Notification was made; and

b) such Qualifying Outage shall cease at the point that the Service is restored as recorded on IntechService Ltd’s fault management system.

3.3. Notwithstanding section 3.2, where an Outage occurs, IntechService Ltd shall undertake a forensic analysis of the Outage (including analysis of end-to-end network logs) to determine the cause of the Outage to determine whether the Outage is a Qualifying Outage.

3.4. IntechService Ltd shall share a summary of the outcome of its analysis performed in accordance with section 3.3 and may (at its absolute discretion and subject to the Customer’s confidentiality obligations set out in the General Terms) share details of the analysis, but IntechService Ltd’s decision as to whether a Qualifying Outage has occurred (and, if so, the duration of such Qualifying Outage) shall be final.

 

Service Credit Process

 

4.1. The Parties agree that the aggregate amount of Service Credits payable to the Customer under an Order in respect of any Qualifying Outages in a calendar year shall not exceed 100% of the Charges paid by the Customer in accordance with the relevant Order in that calendar year.

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