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Oldbury, UK

Contact

0333 006 9203

©2017 by Compuserve Live

Service Level Agreement

Compuserve Live Cloud Platform


1. Definitions and Interpretation
1.1. For the purposes of this Agreement terms set out in bold shall have the following meanings:
1.1.1 “Access” shall mean access to the Service as provided by Compuserve to the Customer from time to time in accordance with the Service Description;
1.1.2 “AUP” shall mean the Compuserve Networks acceptable use policy as published by Compuserve on its website that may be varied from time to time;
1.1.3 “Compuserve” and “Compuserve Live” shall mean Compuserve Ltd, a company incorporated in England and Wales whose registered office is at Lynton House 16 Clovelly Road London N8 7RH with Company Registration Number: 01230269 and VAT Registration: 918505125
1.1.4 “Compuserve Infrastructure" shall mean the Compuserve physical network, including all routers, transmission equipment and optical fibre connectivity including that sub-contracted from its suppliers;
1.1.5 “Customer” for the purposes of this Agreement, shall mean the direct customer of Compuserve, whether reseller or otherwise. For avoidance of doubt Customer does not refer to a Customer’s End Users with whom Compuserve has no direct relationship.
1.1.6 "Customer Premises Equipment" shall mean any equipment, software, cables and fibre used by the Customer to receive and/or in relation to the Services;
1.1.7 “End User” shall mean an end user of the Customer;
1.1.8 “Excused Outage” shall mean any failure caused entirely or in part by:
1.1.8.1. the Customer’s network or system, or any part of it; or
1.1.8.2. any problem associated with, equipment connected to the Service; or
1.1.8.3. the Customer’s acts or omissions; or
1.1.8.4. the Customer’s breach of any agreement or Terms and Conditions associated with the Service; or
1.1.8.5. the Customer’s failure or delay in complying with Compuserve’ reasonable instructions; or
1.1.8.6. any refusal to allow Compuserve, Compuserve’ employees, agents or subcontractors to enter into the relevant premises to diagnose or remedy any Fault; or
1.1.8.7. a force majeure event as set out in the Terms and Conditions; or
1.1.8.8. an act or omission of any third party which is beyond Compuserve’ reasonable control which shall include, without limitation, a fibre cut; or
1.1.8.9. Any fault relating to the underlying telephone line on which the Service is provided.
1.1.9 “Network” shall mean the telecommunications network of Compuserve;
1.1.10 “Network Access Edge Device” shall mean the switch or router in Compuserve’ core network that terminates the carrier Interconnect in respect of the Service.
1.1.11 “Order” shall mean an order for services placed by the Customer with
Compuserve;
1.1.12 “Planned Outage” shall mean any Service downtime:
1.1.12.1. scheduled by Compuserve to carry out any preventative maintenance
services; or
1.1.12.2. caused by any upgrade in relation to the Service or Compuserve’ systems;
or
1.1.12.3. caused by any services the Customer requests or authorises, including
without limitation, network redesign or reconfiguration.
1.1.13 “Agreement” means these terms and conditions together with the Order;
1.1.14 "Service" shall mean the products or services that Compuserve provides to the
Customer from time to time;
1.1.15 "Service Credits" shall mean the credit which may be payable by Compuserve for
a failure to meet the relevant Service Levels as described in 2.4 and 2.5;
1.1.16 "Service Description" shall mean Service Descriptions set out as in the order form,
or quotation;
1.1.17 "Service Level Agreement" or “SLA” shall mean the Service Levels described in this
agreement;
1.1.18 “Working Hours” Working Hours are Monday to Friday 9am to 5.30pm and do not
include public holidays
1.2. In the event of any conflict between the Order Form, these Terms & Conditions for DSL or
phone Services, the Service Schedules, the Contract shall be interpreted based on the following
hierarchy:
1.2.1 the Order,
1.2.2 these Terms & Conditions,
1.2.3 the Service Level Agreement


2. Service Levels
2.1. Compuserve will aim to accept or reject orders for the provision of a Service within fourteen
business days following submission of an order;
2.2. Compuserve will provide a telephone support system available during Working Hours (Mon-Fri
8am-6pm)
2.3. Compuserve will use reasonable endeavours to provide an email service for submitting and
tracking support requests to selected Customers at its sole discretion. Response times re outlined when tickets are created.
2.4. In the event that the Customer experiences a total loss of Service for more than 99.8% uptime,
the Customer will be compensated for every 30 minute disruption by a credit towards the
Service fee equivalent to the amount the Customer would have paid for Service on those days
on a pro-rata basis.
2.5. For the Services listed in the table in 2.5.2 only, Compuserve will take reasonable steps to ensure
consistent uptime of the Service. Such uptime will be exclusively defined in the terms set out in
this clause 2.5 and its sub-clauses.
2.5.1 Service downtime is measured from the time a trouble ticket is opened by a
customer to the time the server is once again able to transmit and receive data;
2.5.2 and when Compuserve creates a log to capture the outage, and when the log is
closed internally. This can be fully reported.
2.5.3 The below table is based on 25 working days per month with 8.5 working hours per day SLA Monthly Uptime (mins) Unscheduled downtime allowed (mins)
99.8% 25mins unplanned outage each month
2.5.4 A failure to meet the SLA in 2.5.1 or 2.5.2 will be deemed to have occurred if, upon a fault report by the Customer to Compuserve, Compuserve measures the indicators in 2.5.3 over the specified “unscheduled” period and finds that the
target uptime is not met.
2.5.5 If the uptime target is not met, the client will receive a credit towards the Service
fee equivalent to the amount the Customer would have paid for Service for that
day on a pro-rata basis. Only one incident per day will be eligible for Service Credit.
2.6. In order to receive the credit detailed in 2.4 the Customer must notify Compuserve as soon as
the Service failure occurs. The start of the outage will be measured from the time that the
Customer reports the outage to Compuserve, as recorded in Compuserve’ service desk ticketing
system;
2.7. In order to receive the credit detailed in 2.4, the Customer must notify Compuserve of a
suspected failure to meet the defined uptime target. Compuserve will then measure the uptime
of the Service and use its reasonable judgement to determine whether a failure has occurred.
2.8. To request Service Credits, the Customer must claim in writing by contacting Compuserve’
Service Desk (via email) within one month of the failure. If the Customer does not claim Service
Credits within such period the Customer will be deemed to have waived the applicable Service
Credits.
2.9. Service credits will be applied to the Customer’s account and will not be issued in the form of a
cash or other payment;
2.10. The SLA does not cover hardware which has been provided by the Customer.
2.11. The SLA does not come into effect until after the Service has been successfully activated and
used by the Customer for the first time.
2.12. The Customer agrees that the service credits, as stated in clause 2.4 and 2.5 are an equitable
remedy in respect of all loss or damage which the Customer may suffer as a result of such loss
of Service, and that they shall be the Customer’s sole and exclusive remedy in respect of such
loss of Service, howsoever caused.
2.13. The Customer will not be entitled to Service Credits if a service fault is due to use of incompatible
equipment. Compuserve reserves the right to charge for support of such equipment at its
standard hourly rates of £90.00 + VAT/hour.
2.14. The Customer will not be entitled to Service Credits if the Customer has not correctly configured
their equipment. Compuserve reserves the right to charge for support of such equipment
demanded by the Customer and that Compuserve deems excessive at its standard hourly rates
of £90.00 + VAT/hour.
2.15. The Customer will not be due any Service Credits for any outage defined as an Excused Outage
or a Planned Outage. Compuserve will reserve each Wednesday after 7pm for critical updates
and each Saturday and Sunday beginning 4pm for full system updates as Excused Outages.
Customers will be notified on the day for critical updates and within at least 48hrs for system
updates.
2.16. Time spent in repairing a Fault or restoring the Service as a result of any of the following events
will not be counted as part of restoration time when calculating Service Credits:
2.16.1 the Customer’s failure or delay in providing the necessary co-operation required
by Compuserve including, without limitation:
2.16.2 supply of the necessary information; or
2.16.3 access to the relevant sites; or
2.16.4 supply of the necessary power or facilities; or
2.16.5 assistance with re-configuration or replacement of equipment suspected as faulty
or misconfigured; or
2.16.6 the Customer’s relevant personnel cannot be contacted to assist Compuserve or to
confirm the Service is restored.