/ Lot 1 Standard Service Offer Data Access Services Service Level Agreement RM1045-L1-SSO Pinacl

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1 / Lot 1 Standard Offer Data Access s Level Agreement RM1045-L1-SSO Pinacl This Level Agreement (SLA) defines the Criteria that will be met when providing the Pinacl MPLS with Cloud Connectivity s, the mechanisms by which Level Failures and Critical Level Failures will be managed and the method by which our performance in delivering the s will be monitored. Where a Credit is due under the terms of this SLA it will be credited to the Customer s account as soon as is reasonably practical following the determination that it is due. Credits for MPLS/Ethernet s service are applied specifically to the Customer s MPLS/Ethernet s service and cannot be offset against any other service provided by Pinacl to the Customer. All terms used in this document shall have the same meaning as defined in Pinacl s standard Terms and Conditions for Telecom services unless otherwise redefined in Section 1.2. Section 2 of this SLA provides a brief overview of the. This will help the reader understand the details of the SLA, which is contained in Section 3. Finally, Section 4 sets out the conditions that apply to the SLA and sets limits on the overall amount of Credits that may be paid. These conditions should be read in conjunction with the relevant guarantees contained in Section Definitions Access Circuit NOC Fault - means the circuit from the Customer premises to the network over which the is delivered - is the Network Operations Centre which provides management for the Customer s MPLS/Ethernet s - means a total loss of where it is not possible to transmit signals in one or both directions for a period of more than ten (10) minutes Measurement Date - means the date 11 months from the Ready For Date at which Availability will be measured, and annually thereafter Measurement Period - means the period from the Ready For Date to the Measurement Date, and subsequently the period between Measurement Dates PoP CRM - means the Points of Presence from which Pinacl provides the - is the fault management and reporting system used by Pinacl and its partners to track faults for Point To Point s service

2 2 Overview The MPLS/Ethernet s provide an MPLS/Ethernet, non-switched, fixed capacity circuit between two locations. They are delivered as dedicated, always-available circuits either entirely on the Pinacl Network or our partners. These s are protocol independent and provide a relatively low latency transmission path between the service end-points. As such, they are suitable for a wide range of end user applications and services, including Gigabit MPLS/Ethernet services. presentation is either 850nm multimode, 1310nm single mode fibre optic (LC connectors) or copper RJ45 presentation 3. Level Agreement 3.1 Maintenance In order to maintain the service, Pinacl may perform operations on monitors or monitored objects that might disrupt them. These operations will normally be performed between midnight and 6am, and will be announced at least 24 hours in advance. 3.2 Exclusions The following events shall not be deemed as in breach of this agreement: Monitors or monitored objects under maintenance Act or omissions of the customer or an unauthorised user Behaviour of any customer owned equipment or applications or, Acts of God, civil disorder, natural cataclysm, extreme weather or other occurrences beyond the reasonable control of Pinacl. 3.3 Repair Pinacl will: (a) make the repair service available 24 hours a day, 7 days a week including Bank and Public Holidays; (b) respond within 4 hours of receipt of a fault report, unless agreed otherwise in writing by the parties; (c) clear a reported fault in a within 6 hours or 8 hours for an MPLS/Ethernet Copper fault unless there is a fibre break in which case the Target Restoration Time is sixteen (16) hours from the time the Fault is logged on the CRM; and (d) contact the Customer to report the progress being made to restore a if the is not restored in accordance with this sub-clause. 3.4 Clearance A fault will be considered to have been closed by Pinacl if it has been cleared by Pinacl and this has been confirmed by Pinacl to the customer If: (a) Pinacl does not comply with sub-clause 3.3; and

3 (b) the reported fault causes total loss of service (i.e. no transmission of signals in one or both directions) for more than 6 hours, or more than 8 hours for MPLS/Ethernet Copper after it has been reported to Pinacl. Pinacl will pay or allow the Customer the Compensation Entitlement for the in accordance with the following table: Measurement Each hour or part of hour beyond the target repair threshold Discount on Monthly Rental Charge 13% of monthly rental Discounts will be applied on a per fault basis and will be capped at 100% of monthly rental per service Pinacl will validate that incidents are total loss of service and the incident duration and therefore confirm the percentage of monthly rental that should be credited. Discounts will be applied to the net monthly rental of the MPLS/Ethernet circuit, depending on what services the fault is raised against. 3.5 Ready For If Pinacl does not comply with the ready for service date then Pinacl will pay or allow the Customer the Compensation Entitlement for the relevant in accordance with the following table: Number of calendar days by which the Actual RFS date is later than the agreed RFS date Credit as percentage of the Installation Charge or Monthly Rental Charge for the first 6 months (whichever is higher) % % % More than 20 18% 3.6 Measurement Pinacl monitors the network performance on a 24x7 basis using multiple distributed monitors which respectively send scheduled ICMP Ping requests to all CPE routers on the Pinacl partner backbone network and is available to view from the customer portal 4. Conditions of this Level Agreement 1. A period of Non-Availability will commence at the time a Fault is first reported to Pinacl by the Customer representative in accordance with the fault reporting procedures, or when the Fault is first identified and recorded by Pinacl. The period of Non-Availability shall end upon the Customer representative being advised by Pinacl that is Available or, in the event that Pinacl is unable to contact the Customer representative, then from the time logged by Pinacl that is Available.

4 2. Where Pinacl can find no Fault, any reported period of Non-Availability shall not count in any calculation of Credits. 3. s will be deemed to be Available for the purposes of calculating Credits if the Non- Availability arises from or is otherwise caused or contributed to by: the Customer requesting Pinacl to test s although no Fault has been detected or reported; s being or having been modified or altered in any way at the Customer s request; any period of maintenance previously agreed with the Customer; any termination or suspension of all or part of s in accordance with the Termination and Suspension of s Clause of Pinacl s Terms and Conditions for the provision of s; a failure or fault of Customer Provided Apparatus (or otherwise not attributable to s); a failure of the Customer to procure access to s Equipment for Pinacl, upon being requested to do so by Pinacl for the purposes of investigating and rectifying any Fault; the Customer failing to operate the s in accordance with the Contract any event referred to in the Force Majeure Clause of Pinacl s Terms and Conditions for the provision of Telecom s; 4. Pinacl s maximum liability under this Level Agreement for any series of Faults shall be eighteen per cent (18%) of the Installation Charges and one hundred per cent (100%) of one month s Rental for the period in respect of the relevant. 5. In the event of any dispute between the parties in respect of the period of s being Available or otherwise, Pinacl shall retain the sole right to determine the period of Availability for the purpose of calculating any Credits due under the terms of this Level Agreement. Wires Only Level Connection Type Level Threshold Failure Threshold Dual Fibre MPLS/Ethernet Dual Diverse Fibre % 99% 6 Hours Primary & Backup Dual Fibre MPLS/Ethernet One Carrier Fibre Primary & Backup 99.95% 99% 6 Hours Fibre MPLS/Ethernet Primary 99.9% GEA /EFM/FTTC/ADSL Backup 95% 6 Hours Single Fibre MPLS/Ethernet 99.5% 95% 6 Hours EFM/GEA 99% 95% 8 Hours FTTC 97% 90% 20 Hours ADSL 95% 90% 20 Hours Target Time to Restore (From acceptance of fault) [Clock Hours]

5 Definitions Level means the agreed performance indicators for the type of connection to site deployed. Level Threshold means the target performance below which Credits apply. Failure means the failure to deliver to Site to which the connection(s) are deployed for a period of time measured in minutes. If a disconnection for a period of time in the primary connection in site is experienced but is maintained through the back-up/secondary connection, then a Failure is not deemed to have occurred. Failure Threshold means the performance level to which the maximum Credit percentage applies. Measurement period means the discrete, continuous four-week period. Credits are calculated in the following manner: Credit % = (M*(A-X) + C) Where: A = the service threshold % below which Credits are payable B = the service failure threshold % X = the achieved service level % for a service period C = the minimum service credit % payable for achieved service level that falls below the service threshold D = the maximum service credit % payable for the achieved service level that falls below the service threshold M = is the coefficient defined for the services which is calculated from the formula: M= (D/C)/(A-B), that is the slope of a straight line. The Credit methodology is shown diagrammatically below: The Credit payment is subsequently derived as follows: Credit payment = contract charges x Credit (%) Repeat Failure If a Failure Threshold is breached, any subsequent incident on the applicable connection resulting in a breach of the Level Threshold will result in an uplift to the applicable Credit by a factor of 1.5 times, where that subsequent incident is within the same measurement period or the following two consecutive measurement periods.