Service Schedule NeoBroadband Wireless (v.Jan2017)

Service Schedule NeoBroadband Wireless (v.Jan2017)
Neotel (Pty) Ltd
401 Old Pretoria Main Road
Halfway House, Midrand 1685
South Africa
T +27 11 585 0000
www.neotel.co.za
NEOBROADBAND WIRELESS
SERVICE SCHEDULE
Liquid Telecom Offices
Mauritius (Head Office)  Botswana

DRC

Kenya

Lesotho

Rwanda

South Africa

Neotel (Pty) Ltd. Registered Address: 401 Old Pretoria Main Road, Halfway House, Midrand 1685. Company Reg. No. 2004/004619/07.
Tanzania

Uganda

Zambia

UAE

UK
1. APPLICABILITY
This Service Schedule is applicable only to the COF for the purchase of Neotel’s NeoBroadband
Wireless Service, which has been signed by the Customer and Neotel.
2. DEFINITIONS
2.1.
Terms used herein but not otherwise defined shall have the meanings ascribed to them in the
agreement.
2.2.
For the purposes of this Schedule, the following expressions shall have the meanings given to them
hereunder:
2.2.1.
“CSRS” means Customer Site Requirements Specification, which is a document that
specifies the requirements that Neotel has to deliver in relation to the requested Service at
a Customer Site;
2.2.2.
“Contended” means a number of users sharing the same Internet port capacity;
2.2.3.
“Customer Premises Equipment” or “CPE” means the Customer Device provided and
managed by Neotel, located at the Customer’s Site, used in conjunction with the Network in
order to receive the NeoBroadband LTE Service;
2.2.4.
“Customer Site” means the site owned or leased by the Customer or any other site used to
provide the Service, which is directly connected to a PoP managed by Neotel, as set out in
the COF;
2.2.5.
“GB” means Gigabytes;
2.2.6.
“Internet Protocol” or “IP” means the method or protocol by which data is sent from one
computer to another over the Internet;
2.2.7.
“Kbps” means kilobits per second;
2.2.8.
“Line Speed” means the data transmission speed of the Neotel LTE link;
2.2.9.
“LTE” means a long term evolution wireless broadband technology designed to provide
faster Line Speeds;
2.2.10. “Modem” or “Router” means the device that enables the NeoBroadband LTE Service;
2.2.11. “Neotel Representative” means the person nominated by Neotel from time to time during
the term of this Service Schedule;
2.2.12. "PECN" means Private Electronic Communications Network as defined in the Act;
2.2.13. "Pre-Site Inspection" means the inspection completed and indicated on a document to be
completed by Neotel and signed off by the Customer and Neotel and/or its supplier. The
document shall confirm that the Customer is:
2.2.13.1. within the applicable coverage area;
2.2.13.2. able to have the Customer Premises Equipment installed on its premises; and
2.2.13.3. able to have access to the Wireless Network via the Wireless Link.
2.2.14. “Scheduled Installation Date” means the date on which Neotel is scheduled to complete
installation of the Service;
2.2.15. “Scheduled Occupation Date” the date on which Neotel is scheduled to take occupation of
a Customer Site in order to install the Service;
Service Schedule NeoBroadband Wireless (v.Jan2017)
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Neotel
A
2.2.16. “Wireless Network” means the PECN operated by Neotel in the license frequency spectrum
in terms of the provisions of the Act, over which the Customer Premises Equipment
connects;
2.2.17. “Wireless Link” means a wireless link created within the licensed frequency spectrum, over
a public Network but operated by Neotel. The Wireless Link is connected between the
Customer Premises Equipment and the Wireless Network in order to enable access to and
use of Neotel’s Network infrastructure by Customer via the Service.
3. SERVICE DESCRIPTION
3.1.
The NeoBroadband Wireless service is the provision of a Wireless Link that enables one to send
and receive data and email and to access the internet using a high-speed connection.
3.2.
The NeoBroadband Wireless service is provided without any agreed service levels and is a
‘Contended’ internet service.
3.3.
The NeoBroadband Wireless Service is available in a number of Line Speed options, which selection
will be reflected in the COF.
3.4.
Neotel shall provide the Customer with one (1) static public IP address which can be configured for
NAT requirements.
3.5.
In the event that the Customer selects the NAT option, the Customer shall be provided with one (1)
static public IP address assigned to their private IP range.
4. NEOBROADBAND WIRERLESS TERMS AND CONDITIONS
4.1.
The NeoBroadband Wireless service is provided over Neotel’s Wireless Network and all requests
for the service shall be subject to a feasibility study to determine whether Neotel has adequate
infrastructure in order to provide the service.
4.2.
The Customer acknowledges and agrees that:
4.3.
4.2.1.
the Wireless Network is created over the licensed frequency spectrum;
4.2.2.
the Wireless Link is operated within the licensed frequency spectrum;
4.2.3.
the functionality and/or operation of the Wireless Link may be impaired by the use of the
licensed frequency spectrum by other wireless operators from a nearby location in the same
frequency band.
The Wireless Network, including the Wireless Link, is created over the license frequency spectrum
and Neotel shall use reasonable commercial endeavours to ensure the operation, availability and
functionality of the Wireless Network including the Wireless Link; and attend to any unavailability
including failures and/or errors impacting on the Wireless Network, including the Wireless Link, in
terms of any obligations placed on it in terms of this Service Schedule.
5. FAULT REPORTING
5.1.
The logging of calls, queries and/or complaints shall be directed to the Enterprise Service Desk
using any of the following:
Telephone No.
E-Mail
+27 11 585 0652 (outside of South Africa)
Service Schedule NeoBroadband Wireless (v.Jan2017)
[email protected]
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Please initial: Customer
Neotel
A
080 11 11 636 (within South Africa only)
5.2.
Should a call be logged in accordance with clause 5.1 not be handled to the reasonable satisfaction
of the Customer, the Customer shall be entitled to direct their concerns to their relevant service or
account manager.
6. UPGRADEs
The Customer further acknowledges and agrees to the following:
6.1.
it is allowed to upgrade the Line Speed of the Wireless Link at any time during the Contract Term of
the Service provided that one (1) calendar month’s prior written notice to that effect is given to Neotel
;
6.2.
any written notice received by Neotel during the course of the month for the upgrade of the Line
Speed of the Wireless Link, as envisaged in clause 6.1, shall only be effective from the 1st (first)
day of the following month;
6.3.
the upgraded Service shall, with effect from the activation thereof, be extended for a minimum period
of twelve (12) months; and
6.4.
the duly upgraded Service shall be provided by Neotel subject to the provisions of this Service
Schedule and the Agreement.
7. SERVICE PROVISIONING
7.1.
The Customer shall be responsible for making available, at no cost to Neotel, accommodation,
power, mast space, ducting and other facilities as set out in the CSRS document for each Customer
Site for the Contract Term of the applicable COF, for the purposes of housing Neotel’s transmission
equipment required for the provision of the Services to the Customer.
7.2.
The Customer shall be responsible for obtaining all third party approvals and consents necessary
for installation and use of the Services.
7.3.
The Customer will ensure that the Customer Sites at either end of the requested Service are made
accessible at any reasonable time as may be required by Neotel to fulfil its obligations in terms
hereof.
7.4.
Within seventy two (72) hours of completing the installation for the requested Service, Neotel shall
provide a Service Handover Form containing essential information required to configure and use the
Service as well as the Service Identity Number (“Service ID”). The Service ID should be used in all
interactions with Neotel regarding the Service.
7.5.
The Customer will then conduct acceptance tests on the newly provided Service for a period of two
(2) Business Days following receipt of the Service Handover Form.
7.6.
Should the Customer detect a fault on the Service during these acceptance tests, the Customer
shall notify Neotel of such fault, in writing.
7.7.
The Customer may only reject a Service on the basis that the agreed technical specifications as set
forth in the Service configuration diagram in the COF for the Service have not been met. If the
Customer notifies Neotel of its non-acceptance, further tests of the Service shall be conducted and
a revised Service Handover Form shall be provided to the Customer.
7.8.
The Service shall be deemed accepted by the Customer if no objection has been raised within two
Service Schedule NeoBroadband Wireless (v.Jan2017)
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Neotel
A
(2) Business Days following receipt of the SHF.
8. WARRANTY
8.1.
In the event that a Modem and/or Router is provided by Neotel to the Customer, Neotel shall be
indemnified against any and all costs and claims whatsoever, which may arise from the
manufacturer’s warranty associated with such Modem and/or Router.
8.2.
Neotel has the sole discretion to exchange any Modem and/or Router.
8.3.
Bundled services where Neotel provides a Modem and/or Router to the Customer on a loan basis
are excluded from this clause and from the warranty contained in this clause.
9. NeoBroadband’s Fair User Policy
9.1.
The Customer is obliged to comply with the terms of the NeoBroadband Fair User Policy, which is
available at http://downloads.neotel.co.za/pdf/FUP%20-%20Neo%20Broadband_final-clean.pdf.
9.2.
The table below outlines the rules of the Fair User Policy on Uncapped services:
Line Speed
Soft Cap Usage Limit
Reduced Line Speed
1 Mbps
100
512Kbps
2 Mbps
200
1Mbps
4 Mbps
400
2Mbps
6 Mbps
600
3Mbps
8 Mbps
800
4Mbps
10 Mbps
1000
5Mbps
9.3.
When the Customer’s soft cap usage limit as set out above for any given month, in relation to the
Line Speed option selected by the Customer has been reached, the Customer’s Line Speed will
effectively be halved for the remainder of the given month. There will be no further restrictions or
limitations placed on the Customer’s line while it is rate limited, and the Customer’s connection
remains uncapped for this period.
9.4.
At the beginning of a new month of Service, the Customer’s Line Speed will revert back to its base
profile limit as set out above.
10. CUSTOMER REQUESTED CHANGES AND SCHEDULED MAINTENANCE
10.1. Neotel shall use reasonable endeavours to perform any agreed change as per agreed specifications
required for the Customer Site as per the below specified target timelines. The Customer must raise
a change request stating the reason for the change, the type of change (Critical/Normal as defined
by the Customer) and the impact on its Customer Sites. The change request shall follow the normal
change management process as communicated from Neotel to the Customer from time to time and
the below commitments are applicable only for Class C type changes (as defined in the following
table) excluding any impact analysis:
Service Schedule NeoBroadband Wireless (v.Jan2017)
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Neotel
A
LEVEL OF CHANGE
Class A
Class B
Class C
DESCRIPTION OF CHANGES REQUIRED





New installation of equipment
New link installation or shifting of circuit to new Customer Site.
Hardware upgrade in existing equipment
Link addition or termination to existing Customer Site.
Shifting of physical termination point of existing circuit, and does not require
new equipment or new circuit installation.
 Bandwidth soft up-gradation/down-gradation.
 Changes that are not specified in Class A and Class B.
10.2. The Customer hereby understands and agrees that any change requests mentioned above in Class
A and Class B are Service affecting in nature. Hence, the Customer understands and agrees that
the Service can be unavailable for a minimum period of two (2) hours during the implementation of
any such change requests. The time and date of the Service Downtime shall be discussed between
the Parties. In any case, the Service Level targets set out in this Service Schedule shall not be
applicable during any such change request implementation and as such, Neotel cannot be held
responsible for any damages or losses which may occur during such implementation time.
10.3. Planned Maintenance which falls outside the scheduled maintenance window will be arranged with
the Customer at least forty eight (48) hours before the Planned Maintenance commences.
10.4. At no time shall Planned Maintenance events which may cause a Service Outage be performed
simultaneously on two (2) diverse circuit paths that carry the same Customer Service.
10.5. Neotel is not responsible for any breach of rights which may be related to any Customer transmitted
or received content that has been carried on the Neotel Network and the Customer agrees that
Neotel can view the content to identify Service related issues.
11. CONTENT REGULATORY COMPLIANCE
11.1. The Customer hereby agrees that the relevant permissions, approvals, licenses and/or related
consents that may be required by the relevant government authority of the source and/or destination
country/ies shall be obtained, as applicable, as per the local laws in such country and a copy of such
permissions, approvals, licenses and/or related consents shall be available for inspection by Neotel
prior to the commissioning of the Service.
11.2. In the event that the Customer is sourcing content from a third party in relation to the Service, the
Customer shall be responsible for providing the permissions, approvals, licenses and/or related
consents of such third party. The Customer further indemnifies Neotel from any costs, damages
and/or penalties caused due to any non-compliance with this provision.
11.3. The Customer authorizes Neotel to monitor the Service at Neotel’s Network Operating Centre
facilities.
Service Schedule NeoBroadband Wireless (v.Jan2017)
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Neotel
A
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