MANGO TELESERVICES LTD

Transcription

1 MANGO TELESERVICES LTD SERVICE LEVEL AGREEMENT FOR SATELITE IP BANDWIDTH (SATIPBW) SLA Rev 01 SATIPBW Mango Teleservices Ltd

2 CONTENTS 1. GENERAL Overview Service Descriptions COMMENCEMENT and Duration of Service TERMINATION Service Requirements and Limitations SERVICE Availability Bandwidth Commitment: Uptime Obligation: Fault handling / Response Time AGREEMENTS: Network and Service Equipment MAINTENANCE: Law and regulatory order: Roles and RESPONSIBILITIES: Mango Responsibilities: Customer Responsibilities: ESCALATION hierarchy: ESCALATION responsibles: Reporting, Reviewing and Auditing: Force MAJEURE: Customer to complete: Mango to complete: SLA Rev 01 SATIPBW Page 2/ 15 Mango Teleservices Ltd

3 1. GENERAL OVERVIEW THIS SERVICE LEVEL AGREEMENT WHICH INCLUDES TERMS AND CONDITIONS HERE BELOW, IS ENTERED INTO ON THIS DAY OF HEREINAFTER BY AND BETWEEN MANGO TELESERVICES LIMITED (MTSL) A PRIVATE LIMITED COMPANY ORGANIZED AND EXISTING UNDER THE LAWS OF COMPANY ACT 1994 AND HAVING ITS REGISTERED OFFICE AT 8 MOHAKHALI C/A (3RD FLOOR), DHAKA 1212, BANGLADESH.HEREINAFTER REFERRD TO AS MANGO AND LIMITED A COMPANY ORGANIZED AND EXISTING UNDER THE LAWS OF COMPANY ACT 1994 AND HAVING ITS REGISTERED OFFICE.. HERIN AFTER REFERRD TO AS GRAMEEN WHEN APPROPRIATE HEREINAFTER REFERRED COLLECTIVELY AS PARTIES MANGO WILL PROVIDE THE CUSTOMER WITH THE SERVICE(S) LISTED HERE SERVICE(S) ) AND DESCRIBED IN THE RELEVANT SERVICE DESCRIPTION AT THE TERMS AND SUBJECT TO THE CONDITIONS SET FORTH IN THESE GENERAL TERMS & CONDITIONS, IN THE SERVICE TERMS & CONDITIONS, IN THE SALES ORDER FORM ( SOF ) AND IN THE SERVICE LEVEL AGREEMENT ( SLA ). The general levels of response, availability, and maintenance associated with these services The responsibilities of Mango as a provider of these services and of clients receiving services SLA Rev 01 SATIPBW Page 3/ 15 Mango Teleservices Ltd

4 Processes for requesting services Or This SLA shall remain valid until revised or terminated. 2.0 SERVICE DESCRIPTIONS 2.1 Satellite IP Bandwidth (SATIPBW -As per required MB/ month) 2.2 Assumptions: Services provided by Mango are clearly mentioned as Satellite IP bandwidth. Major upgrades will be treated as projects outside the scope of this Agreement. Funding for major updates will be negotiated on a service-by-service basis. Changes to services will be communicated and documented to all stakeholders via mail. Service will be provided in adherence to any related policies, processes and procedures Scheduling of all service related requests will be conducted in accordance with service descriptions. SLA Rev 01 SATIPBW Page 4/ 15 Mango Teleservices Ltd

5 3.0 COMMENCEMENT AND DURATION OF SERVICE 3.1 The Service shall commence on (the "Commencement Date of Service"): If the Service does not satisfy the specifications within the timeframe for Acceptance, then the date that Acceptance occurs; or If the Service satisfies the specifications within the timeframe for Acceptance, then: The Date of Service Required, as stated in the order Form, or in the event that Mango l is unable to provide the Service on the Date of Service Required, the date specified by Mango in writing; Or The date the Customer Accepts the Service, whichever is earlier as the case may be. 3.2 The minimum period of subscription for the Service shall be: 1. a period of twelve (12) months or such other period selected by the Customer Or 2. Such other period as may be stipulated by Mango as the relevant minimum period of subscription when the Customer applies for the Service. SLA Rev 01 SATIPBW Page 5/ 15 Mango Teleservices Ltd

6 Calculated to commence on the Commencement Date of Service (the Initial Contract Term ). Thereafter the Service shall continue in force for successive periods corresponding with the Initial Contract Term. 4.0 TERMINATION Subject to Clause 4 &5, Mango or the Customer may terminate the Service by giving to the other not less than thirty (30) days prior written notice. 4.1 If, at any time during the Term, the Customer wishes to reduce the Term or the speed(s) of SAT IPBW, then the Customer shall give Mango not less than fifteen (15) days prior written notice. 4.2 If, at any time during the Term, the Customer by a written notice to Mango requests an increase in the Term or the speed(s) of the Service subscribed by the Customer, the change requested by the Customer shall be effective only if Mango agrees to the change in writing. Any such change shall be subject to any change in the applicable Fees and Charges, where Fees and Charges shall be in accordance with Mango s Tariff Structure at the relevant time. 4.3 On termination of the Service, the Customer shall be liable to pay Mango (a) Where the termination date is the same as the expiry date of the Term; The monthly recurring charges and Excess Usage Charges (where applicable) up to And including the date of termination; and The Fees and Charges incurred through the equipment in respect of the Service rendered by Mango up to and including the date of termination; (b) Where the termination date is before the expiry date of the Term: SLA Rev 01 SATIPBW Page 6/ 15 Mango Teleservices Ltd

7 i. The monthly recurring charges and Excess Usage Charges (where applicable) up to and including the date of termination; ii. The Fees and Charges incurred through the equipment in respect of the Service rendered by Mango up to and including the date of termination; and iii. Except where the Service is terminated by Mango, under Clause 4.1, 20% of the monthly recurring charges or for the period between the date of termination and the expiry date of the Term. 5.0 SERVICE REQUIREMENTS AND LIMITATIONS The Customer acknowledges that Service availability is subject to: (a) Availability of resources including, without limitation, availability of a suitable network Infrastructure at the time at which the Service is requested or delivered; (b) Geographic and technical capability of the Mango s delivery systems at the time at which the Service is requested or delivered; and (c) Provisioning time for equipment that is required by Mango to provide the Service. The Customer shall ensure that all Customer provided equipment on its premises that connects to the Service will perform according to published technical specifications for such equipment and Mango s interface and other specifications for the Service. The Customer acknowledges that: (a) It must procure and maintain at its own expense any equipment or software or license(s) Needed to implement, receive and use the Service, unless Mango expressly agrees otherwise in writing; (b) It must be fully responsible for acts of all users of the Service; (c) The client agrees to use ATIPBW for Internet access only. Under no circumstances will the client send and/or receive any commercial voice utilizing this service. SLA Rev 01 SATIPBW Page 7/ 15 Mango Teleservices Ltd

8 (d) It must not use nor allow the use of the Service for sending, or to facilitate the sending of, Unsolicited bulk mail messages (" spam") or the sending of mail-bombs (masses of or other data) to any person or system; (e) It must not do any act which may impose an unreasonably or disproportionately large load on Mango s infrastructure or facilities or interfere with the proper working of the Service; (f) The technical means by which Mango s supplies the Service is at Mango s s sole discretion (g)the service must not be used for any illegal, fraudulent, immoral or improper purpose. (h)the service must not be used for sending any communication, which is of offensive, abusive, indecent, obscene, defamatory or threatening in nature. 6.0 SERVICE AVAILABILITY Mangos guarantee service level of 99.99%. If we cannot conform to the service level then we will not charge customer for that non-conformity period or event on pro-rata basis. This amount has to be claimed by customer with evidence and will be evaluated by both the parties. On acceptance of the claim and valid evidence, the amount shall be credited to customers account and the customer shall adjust that with the next month s payment. Total waiver amount for non-conformities will not exceed the total monthly charge for the service. 6.1 BANDWIDTH COMMITMENT: If less due to our system problem then charge will be waived on pro rata basis for that specific time period. 6.2 UPTIME OBLIGATION: SLA Rev 01 SATIPBW Page 8/ 15 Mango Teleservices Ltd

9 Mango guarantees that the Service will be available for your use ( Service Availability ) for 99.9% within the billing period of a related monthly invoice (Hereafter referred as Billing Month ), where the Service Availability is calculated using this formula: Formula: A% = [(M E U)/ (M e)] x 100% Where, o o o o o A% is the percentage of Service Availability; M is the number of hours in a Billing Month; E is the aggregated time for service suspensions for maintenance and other purposes as described in Section 2.4 in the Billing Month; and U is the aggregated Outage Time in the Billing Month. ( need to submit along with the necessary proof for outage) e is outage resulting from 3 rd party dependency and force majeure. 7.0 FAULT HANDLING / RESPONSE TIME AGREEMENTS: Mango shall monitor the connection to the Internet as stated in the service order form, 24 hours a day, 365 days per year. Mango ensures response time, during the business day (8.30am to 5:30pm, Sun to Thursday) as follows: Customer can call us on our designated number or and ensured a prompt answer; customer will be able to speak to a member of the Technical Support team (Option 2 on the phone menu) who will assist. Customer Can expect to speak to a network engineer always within 2 hours. Initial response is ensured within one hour of a logged service interruption call. Mango offers response time agreements, out of hours (outside 8.30am to 5:30pm, Sun to Thursday and including bank holidays) as follows: Customer can call us on our "24x7" number which will be given upon commencement of service, this will be responded to within 1 hour. Your circuit will be monitored 24x7 by an automated system, notifying our technical team. We will require contact names & numbers from you. The SLA Rev 01 SATIPBW Page 9/ 15 Mango Teleservices Ltd

10 customer is solely responsible for providing MTL accurate and current contact information for Customer's designated points of contact. Charge waiver for response time delay for service affected by non-conformities beyond the SLA committed response time. Customers also open trouble tickets using MTL CRM portal at (Please follow our Customer Service Guide) If fails and the problem is not addressed and there is a service affecting problem then charges shall be waived for the down time (addition to due response time) Help desk: Customer can call this number 24/7 and 365 days to get any help. Mango doesn t take any liability for any 3rd party non conformity. 8.0 NETWORK AND SERVICE EQUIPMENT MAINTENANCE: Mango may suspend the Service to carry out Periodic maintenance or upgrade work on the Network or Service Equipment. Except in the case of an emergency Mango shall provide the Customer with 5 business day s notice of any suspension of the service. If it fails to provide the appropriate notice, the customer shall be waived from service charges for the down time. The waived amount will be adjusted in the following month s bill. In case of emergency maintenance Mango would serve 12 hours notice. In Case of Satellite communication error by any means of unwanted interruption Mango does not take the liability to ensure the required service of SATIPBW by the customer. In case of capacity upgrade and downgrade delay or downtime Mango will not waive the charges for the downtime. SLA Rev 01 SATIPBW Page 10/ 15 Mango Teleservices Ltd

11 No charge waiver for non service affecting (anything which does not affect the required services from the customer) incidences or SLA non-conformity. Charge waiver applicable to only service affecting non-conformities. 9.0 LAW AND REGULATORY ORDER: Mango will abide by country law and regulatory orders issued by the law and regulatory enforcement bodies of Bangladesh. In the event of any downtime due to the law and regulatory orders, Mango does not take the responsibility for the downtime and the downtime charges will not be waived subsequently ROLES AND RESPONSIBILITIES: The following Service Owner(s) will be used as the basis of the Agreement and represent the primary stakeholders associated with this SLA: Stakeholder Title / Role * Contact Information Service Owner 1 Managing Director Specific client or division [Title / Role] list specific name 10.1 MANGO RESPONSIBILITIES: Mango s responsibilities and/or requirements in support of this Agreement include: Meet response times associated with the priority assigned to incidents and service requests. SLA Rev 01 SATIPBW Page 11/ 15 Mango Teleservices Ltd

12 Appropriate notification to Customer for all scheduled maintenance via the Maintenance Calendar, Service Catalog web page and/or a communication to the customers via the Mango Communication Manager Mango will implement defined processes to deliver these service levels 10.2 CUSTOMER RESPONSIBILITIES: Customer responsibilities and/or requirements in support of this Agreement include: Availability of customer representative(s) when resolving a service related incident or request. Communicate specific service availability requirements 10.3 ESCALATION HIERARCHY: The below table shows the priority level, response and updates schedule. Priority Priority Definitions MTTA(Mean time to attend) MTTR( Mean Time to Repair) Updates Priority 1 Out of Service 1 Hour 4 Hour Hourly Priority 2 Partial/Intermittent 1 Hour 8 Hour 2 Hour interval Service Interruptions Priority 3 Quality 1 Hour 16 Hour 4 Hour Interval Priority 4 Non-Service Affecting 1 Hour 24 Hour 8 Hour Interval SLA Rev 01 SATIPBW Page 12/ 15 Mango Teleservices Ltd

13 10.4 ESCALATION RESPONSIBLES: If you are not satisfied with the level of service on a request then please contact the followings: Level Designation and Name Contact Number Level- 1 NOC In Charge : Will be provided Will be provided soon Level- 1 Network Operations Coordinator : Mr. Kamal Hossain Level 3 Chief Operating officer : Mr. Fida Haq REPORTING, REVIEWING AND AUDITING: This Agreement is valid from the Effective Date outlined herein and is valid until the Date of Termination. The Agreement should be reviewed at a minimum once per fiscal year; however, in lieu of a review during any period specified, the current Agreement will remain in effect. The Designated Review Owner: Managing Director of Mango is responsible for facilitating regular reviews of this document. Contents of this document may be amended as required, provided mutual agreement is obtained from the primary stakeholders and communicated to all affected parties. The Document Owner will incorporate all subsequent revisions and obtain mutual agreements / approvals as required. Review Period: Annually Previous Review Date: Not Applicable Next Review Date: One year from the date of the agreement. SLA Rev 01 SATIPBW Page 13/ 15 Mango Teleservices Ltd

14 12.0 FORCE MAJEURE: Force majeure shall include the followings: Failure on the part of either party to perform any of its obligations set forth in this Agreement will not be deemed to be a breach of the Agreement to the extent that such failure arises from force majeure as soon as possible after the occurrence. Any act of war (whether declared or undeclared), invasion, armed conflict or act of foreign enemy, blockade, revolution, riot, insurrection, civil commotion, public disorder, act of terrorism, or similar events; Radioactive contamination or ionizing radiation originated from a source in Bangladesh or resulting from any other event of Force Majeure. Labor disputes, including Strikes, Works to rule or go slow or lockouts, that are not limited to disputes regarding wages, working conditions, and similar matters between the Company and its employees, or are widespread or nationwide or that are of a political, religious or ethnic nature. Change of Law. Action or inaction of any Public Sector Entity or any Government Authority. An act of God including lightening, fire, earthquake, volcanic activities, floods, storms, cyclones, typhoons or tornadoes. Epidemics or plagues. Fire, explosion or chemical or radioactive contamination. Any party hereto who fails because of force majeure to perform its obligations hereunder will upon the cessation of force majeure, take all reasonable steps within its power to resume with the least possible delay compliance with its obligation. SLA Rev 01 SATIPBW Page 14/ 15 Mango Teleservices Ltd

15 13.0 CUSTOMER TO COMPLETE: The person signing below hereby warrants and represents that he or she has full authority to execute this Agreement for the Party on Whose behalf he or she is signing. Customer Name: Reg. No: Authorized Signature: Printed Name: Title: Phone: Facsimile number: Electronic mail address: Address for notices (including legal notices): 14.0 MANGO TO COMPLETE: The person signing below hereby warrants and represents that he or she has full authority to execute this Agreement for the Party on whose behalf he or she is signing. Authorized Signature: Printed Name: Title: Phone: Facsimile number: Electronic mail address: Address for notices (including legal notices): SLA Rev 01 SATIPBW Page 15/ 15 Mango Teleservices Ltd