Terms for Business Services: Service Level Agreement

13th September 2021

 

Capitalised terms have the meaning given to them in our Terms for Business Services (the “Terms”).

This is our standard Service Level Agreement. This SLA applies to you if you have entered into a Contract with us and your Order Confirmation confirms both (a) the Terms apply; and (b) this standard Service Level Agreement applies.

This Service Level Agreement applies to Business Broadband Services only. It does not apply to DIA Services, or any other Services provided by us to you.

The table below gives a summary of the service levels (“Service Levels”) that apply to your Contract. This Service Level Agreement, any Service Levels and any service credits (“Service Credits”) provided under it are each subject to our Terms.

Service/fault

Installation or other works involving a Swish engineer visit

Broadband Activation

Date

Total loss of Broadband

Service (unplanned)

where it is not possible to

transmit signals in one or

both directions.

Service Level

We always try our best to keep any agreed date for our engineers to visit to carry out works, however we cannot guarantee it.

We always try our best to activate your Services on the date communicated to you, however we cannot guarantee it.

We will aim to fix any total loss of Broadband Service that we have caused or are solely responsible for by the end of the SLA Period.

Service Guarantee

N/A

N/A

If we fail to meet the Service Level specified you will, subject to the terms of this Service Level Agreement, be entitled to claim a Service Credit.

 

The value of the Service Credit that you are entitled to claim will be calculated as follows:

 

Value of Service Credit = 10% of your Monthly Charge x Length of Downtime.

 

For these purposes “Length of Downtime” is the length of time between the end of the SLA Period and the point at which the total

loss of Broadband Service is remedied (calculated in Working Days, including part Working Days, pro-rated)

 

Example: Where your Monthly Charges are equal to £300, the SLA Period ends at 12pm on Monday with Broadband Service restored at 4pm on Wednesday

 

You will be entitled to claim £74.12, being:

 

(10% x £300) x ((5.5/8.5) + 1 + (7/8.5)).

 

However, please note that the total value of all Service Credits you may claim in any billing month is capped at an amount equal to your Monthly Charges (i.e. £300 in the above example), regardless of the length or number of outages.

Loss of Broadband Service

(planned)

We may carry out planned maintenance on our equipment and/or the Broadband Services from time to time and will use reasonable endeavours to provide at least five (5) Working Days prior written notice to you, except where any maintenance is required in an emergency in which case we will use reasonable endeavours to provide as much notice as reasonably possible.

 

We will use our reasonable endeavours to minimise disruption to your business.

N/A

Other faults in our

Broadband Service caused

by us (excluding total loss

of Broadband Service)

We will aim to fix any Broadband Service fault (other than total loss of service, see above) that we have caused or are solely responsible for by the end of the SLA Period.

N/A

For the purposes of the above:

(a) a fault is deemed to be “Reported” only when you have provided us with the location and details of the fault and enough information to identify the affected Broadband Services (and if you report a fault outside Working Hours, we will consider the fault as having been reported when the business next opens);

(b) “SLA Period” means the period commencing when you have Reported the fault to us and ending 5 Working Hours later; and

(c) “Working Hours” shall be those hours between 9am and 5.30pm on Working Days; and

 

Important notes to this Service Level Agreement:

1. Scope of services: In this Service Level Agreement provision of the Broadband Services means provision of the Broadband Services up to the Demarcation Point. We are not responsible for delivering Broadband Services beyond the Demarcation Point.

 

2. Service Credits. No Service Credit shall be due under this Service Level Agreement where the relevant fault (or delay in repairing it) was not caused by us. Examples of faults not caused by us for the purposes of this Service Level Agreement are faults caused by:

 

a. a cause outside of our reasonable control (see guidance at clause 8.7 of the Terms as to things which are typically considered outside of our control)

b. any failure by you to perform your obligations under your Contract;

c. any suspension of the Service by us under any provision of the Terms;

d. problems with or failure of the internet (other than connections to the internet for which we are directly responsible);

e. interference caused by a third party;

f. incorrect configuration of the Services by you;

g. incorrect information provided by you or on your behalf;

h. any improper use, misuse or unauthorised alteration of the Services by you (including any use of the Services otherwise than in accordance with our instructions and/or your Contract); or

i. the use by you of any hardware or software not provided or supported by us.

 

In addition, you will not be entitled to claim any Service Credit if (a) we can’t find a fault, (b) you cancel the fault report, (c) if, after you report the fault, we’re not able to contact you or you don’t give us access to the premises where our Broadband Services are being supplied when we reasonably need this, (d) if you’re not able to take delivery of any replacement router or other equipment we may send you to correct the fault; or (e) if you don’t help us in any other way we might reasonably need to resolve the matter speedily.

 

3. Exclusive Remedy. The provision of a Service Credit shall be an exclusive remedy for a particular Service Level failure.

 

4. One credit per fault. You can only claim one Service Credit for each reported fault (or for each series of connected reported faults).

 

5. Claiming for a Service Credit: If you are entitled to claim a Service Credit in accordance with this Service Level Agreement, you’ll need to claim it by letting us know within 30 days from the date that the reported fault was fixed (see “How to contact us” below) (and if you fail to let us know within this 30 day period you will be deemed to have waived your right to claim the relevant Service Credit). Service Credits will be applied as a credit to your account (and deducted from future invoices). No monies will be transferred to you.

 

6. Planned maintenance. Any periods of planned maintenance shall not be taken into account when determining whether we have met any Service Levels.

 

7. How to contact us. You can contact us by telephoning our Business Support Team on 0330 229 0310, by contacting us through any app we operate from time to time, by emailing us at business@swishfibre.com. You may also contact us by writing to us at our business address, which is as specified on our Website from time to time (however where you contact us by writing to our business address, you will not be deemed to have contacted us until we have received your letter). Unless you contact us by using the above methods, you will not be deemed to have contacted us for the purposes of this Service Level Agreement.

 

8. Charges to you: In accordance with the Terms: if you report a fault which we trace within the Site, we will make an appointment to carry out repairs or replace our faulty equipment free of charge but if, in the reasonable opinion of the engineer, the fault was caused by damage to our equipment or the network apparatus not caused by us (or the fault was a result of your own set up, as opposed to faulty equipment), then a charge may be made in accordance with our Price List (and we may charge for both engineer call out time and any equipment). We may also charge you in the event that you fail to keep an agreed appointment (unless you give us at least 24 hours notice) (such charge to be in accordance with the Price List). This is not an exhaustive list of our charges, see the Terms for further information.

Service/fault

Service Level

Service Guarantee

Service/fault

Service Level

Service Guarantee

Service/fault

Service Level

Service Guarantee

Service/fault

Service Level

Service Guarantee