Service Level Agreement

Bandwidth Availability Guarantee

Telcom guarantees that subscribed bandwidth will be either 99.95%, 99.99% or 100% (dependant upon service) available between any two points on Telcom’s network at all times.

Telcom does not guarantee that subscribed bandwidth will be 100% available between any two points on the internet. Outside networks may experience technical issues or limitations that can impact your service’s performance. While Telcom ensures that all points of ingress and egress do not reach their provisioned capacity, Telcom cannot ensure or verify the integrity of neighboring networks.

If, for any reason, purchased bandwidth is not available as a result of congestion on Telcom’s network, Telcom will commence its congestion mitigation procedure within 15 minutes of acknowledgement of a reported issue. Applicable account credits will automatically be issued in accordance with the credit schedule.

Intrusive Testing Procedure

If a service’s performance is believed to be degraded or incapable of using its subscribed bandwidth, Telcom may determine that it is necessary to perform additional tests to verify the availability of subscribed bandwidth and re-certify the service’s integrity.

Intrusive testing may involve disconnecting network equipment and/or disrupting live traffic across your network. Telcom will schedule an intrusive testing window around the needs of the Customer, at which time, a Customer representative must be on-site and a Telcom engineer will be available remotely to coordinate testing.

For purchased bandwidth of 1 Gbps and greater, the usage of specialized testing devices may be required to achieve desired throughput. Telcom does not make any representations or warranties as to the performance of your computers, peripherals, or other network hardware and/or their abilities to sustain data transfers at any purchased bandwidth level.

You agree to participate in intrusive testing if Telcom engineers determine that these tests are necessary in demonstrating bandwidth availability. Telcom reserves the right to deny the issuance of account credits otherwise allocated under its service guarantees when a request for intrusive testing at a mutually agreeable time is refused.

If an on-site service call is required and intrusive testing by a Telcom engineer reveals full bandwidth availability and no service degradation, a dispatch fee of £250 may apply.

Congestion Mitigation Procedure

Telcom will begin to attempt to mitigate any congestion or oversaturation on its network within 15 minutes of an acknowledgement to an initial report. Telcom will continue to provide updates to you in 15 minute increments until the congestion has been mitigated or until Telcom determines that it is not possible to resolve the issue from its Network Operations Center.

If it is not possible to resolve a congestion condition from Telcom’s Network Operations Center, Telcom may deem it necessary to increase capacity at certain points on its network or its fibre/wireless system. In the event that this becomes necessary, Telcom guarantees that it will increase physical capacity within 72 hours subject to Physical Access and Safety limitations imposed by third-parties.

Should Telcom need to engage in congestion mitigation, applicable account credits will automatically be issued in accordance with the credit schedule.

Congestion mitigation and any possible account credits associated with such mitigation do not apply to denial of service (DoS) or distributed denial of service (DDoS) attacks toward Telcom’s network or Telcom’s customers.

Service Availability

Telcom guarantees that your service’s connection to the Internet will be available at all times. Disruptions to your service that result in the inability to access the Internet in it’s entirety will result in the automatic application of account credits in accordance with the credit schedule.

There are many factors outside of Telcom’s control that may result in service disruption including, but not limited to, scenarios documented elsewhere in this agreement. The determination of service availability is made at Telcom’s sole discretion.

Packet Loss

Telcom guarantees that packet loss between any two points on Telcom’s network will not exceed 0.1% at any time. In the event that packet loss is reported and observed in excess of this target, credit will automatically be applied in accordance with the credit schedule.

Latency

Telcom guarantees that round-trip latency between any two points on Telcom’s network will not exceed 5ms at any time, provided that both points are located in the same metropolitan area. In the event that round-trip latency is reported and observed in excess of this target, credit will automatically be applied in accordance with the credit schedule.

Proactive Monitoring

Telcom provides 24/7 monitoring of Telcom-owned devices. Telcom does not proactively monitor all customer equipment using ICMP and/or SNMP protocols.

In the event that a Telcom-owned device becomes unreachable from our Network Operations Center, Telcom will attempt to contact you via phone and/or email within 15 minutes.

Failure to proactively monitor a service will result in the automatic issuance of an account credit in accordance with the credit schedule.

Technical Support

In the event of an issue with your Telcom service, Telcom guarantees a 15 minute response interval for issue acknowledgement. Issue acknowledgement may occur via email, telephone, our our internal help desk.

Maintenance

From time to time, it may be necessary to perform scheduled maintenance on Telcom’s network that causes a disruption to your service. Telcom may conduct such maintenance on any day between the hours of 12AM and 6AM local time, provided that Telcom has provided you with at least 24 hours written notice of such maintenance.

In the event that Telcom must perform unscheduled maintenance on it’s network without providing a minimum of 24 hours written notice, credits will automatically be assessed in accordance with the service schedule.

Maintenance that is required as a result of damage to Telcom’s fibre system by third parties does not qualify as scheduled maintenance or unscheduled maintenance and does not qualify for account credit.

Denial of Service / Distributed Denial of Service

In the event of a Denial of Service (DoS), or Distributed Denial of Service (DDoS) attack toward the Telcom Network or a Telcom customer, Telcom will begin mitigation efforts within 15 minutes.

Telcom is not responsible for service interruptions as a result of any attack on our network by a third party.

Mitigation of DoS / DDoS attacks may involve temporarily filtering traffic towards a customer-facing IP address in a practice commonly referred to as “null routing”. Telcom does not accept responsibility for interruptions or downtime caused as a result of null routing an attacked IP address.

Customer Premise Equipment

For Telcom-owned devices provided in connection with your services, we guarantee that we will facilitate the installation of a replacement device within one business day of an assessed failure by the Telcom Network Operations team.

It is your obligation to provide Telcom with any and all necessary access to perform repairs or replacements associated with our services. Telcom is not responsible for any delay to restore or repair it’s services caused by your failure or delay in providing necessary access to Telcom technicians.

Telcom does not accept responsibility for physical damage to Telcom-owned devices once installed in your space, whether intentional or accidental, including damages caused by power related issues such as surges and/or brownouts. It is your obligation to provide surge protection and/or battery backup protection if desired.

Telcom does not accept responsibility for the failure, mis-configuration, or deficiency of equipment not provided by Telcom for use in connection with your services.

Damage to the fibre System

In the event of physical damage to Telcom’s underground or aerial fibre-optic cable system, Telcom will identify the location of the damaged components and dispatch technicians to that location within two hours of the initial issue report.

Telcom strives for a four hour repair interval in the event of damage to it’s underground or aerial fibre-optic cable system, however, Telcom does not accept responsibility for delays in the repair interval due to the frequent involvement of emergency responders, safety restrictions and/or access restrictions.

In the event of physical damage to indoor components of the fibre-optic cable system, Telcom will dispatch technicians within one business day, subject to building-imposed or safety related access limitations that may prevent us from making necessary repairs in a timely manner. Depending on the scope of repair, a £250 re-installation fee may be applied at Telcom’s sole discretion.

Use of Alternate Service

In the event that you elect to procure or use alternate services at any time, Telcom accepts no responsibility for any charges or fees incurred in connection with their usage.

Force Majeure

Telcom is not responsible for any failure to meet its service level objectives or guarantees that is caused by a Force Majeure event. Force Majeure events include, but are not limited to: fire, explosions, power failures, strikes or labor disputes, water (including flooding), physical access limitations, acts of god, the elements (including severe storms), war, civil unrest, or acts of terror.

Credit Issuance and Refund Policy

Telcom will issue any applicable account credits within 15 days of the SLA event. Credits are issued at the sole discretion of Telcom. Account credit may not be redeemed for cash, and account credit will automatically be applied to future invoices. No credit issuance may exceed 100% of the monthly charges for any affected services.

No refunds will be provided by Telcom for any reason.

Credit Schedule