Terms for Business Services: Service Level Agreement

For the purposes of the above:

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(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);

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

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

 

Important notes to this Service Level Agreement:

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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 (as defined in clause 3.1 of the Terms). 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)

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

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

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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;

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f. incorrect configuration of the Services by you;

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

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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

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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 0800 048 9415, 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.