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_BROADBAND CONNECT - Service Level Agreement.

_______1.1 INTRODUCTION_


Linknet is committed to providing a reliable, high quality Wireless Broadband network. To back up our commitment, we offer to you Service Levels and Credits. Service Levels are measured on a Calendar Monthly basis Subject to the credit claim processes set out below, Linknet will provide credits (each a “Credit”) for a failure to deliver a Service in accordance with the Service Levels set out below (each a “Fault”) and for a failure to respond or Restore a Service within the times specified below (each a “Failure”). The Service Levels apply through our Service Term. For the Purposes of identifying the commencement time for a Fault, the Service will be deemed to be suffering a Fault when a Customer Trouble Ticket is opened, provided that Linknet subsequently accepts the Customer Trouble Ticket. The Service will be deemed restored when the status on the Customer Trouble Ticket changes to Resolved.

_______1.2 SERVICE AVAILABILITY_

Service
Service Availability
Description
The availability of the Linknet Wireless Broadband Service.
Service Level

This is the ability for communications to occur over the Linknet network, from the Customer Premises Equipment through all network devices that comprise the Linknet infrastructure to the Linknet Border Gateway. Service availability is expressed in terms of the proportion of time (with the exception of Planned Outages) for which communications are possible. Note that the service availability does not include external network outages upstream from Linknet's border gateway and therefore beyond Linknet's control.
With the exception of Planned Outages, the service will be available 99% of the time.
If you believe that the service is not available you must lodge a trouble ticket. The service will be deemed not available when;
(a) the trouble ticket is received by Linknet (unless Linknet establishes that the service was available at the time of the lodgment of the trouble ticket) or;
(b) when Linknet gives you a notice acknowledging the service is not available. The service will be deemed restored when the service becomes available again.


_______1.3 RESPONSE TIME _

Service
Response Time
Description
The time it takes Linknet to contact a customer to acknowledge a Fault (as defined below).
Service Level In respect of a Fault, the time it takes Linknet to issue the customer with a Customer Trouble Ticket number.
In terms of a general inquiry, the time taken for Linknet to respond to the enquiry by phone or email.
For the split up of severity levels, their descriptions and the applicable response times please see the 'Fault Severity Table' below. The service level is measured by the severity scale it is in.
Service Credit Calculation For any failure in Response Time, the affected portion is the average Response Time across the whole of the network for the month of the fault. In the calculation of the Response Time, measurements during a Planned Outage are excluded.


_______1.4 RESTORE TIME _

Service
Restore Time
Description
The time it takes Linket to restore a Fault.
Service Level In respect of a Fault, the time taken between the acceptance of a Customer Trouble Ticket and when the status of the Customer Trouble Ticket is changed to resolved.
For the split up of severity levels, their descriptions and the applicable restore times please see the 'Fault Severity Table' below. The Service Level is measured by the severity scale it is in.
Service Credit Calculation For any failure in Restore Time, the affected portion is the average Restore Time across the whole of the network for the month of the fault. In the calculation of the Restore Time, measurements during a Planned Outage are excluded.


_______1.5 NETWORK LATENCY_

Service
Network Latency
Description
The time it takes a packet to travel from source to destination and back.
Service Level Latency is defined as the monthly average of times taken for packets to make the round trip between the customer access device and the Linknet Border Gateway Router.
Latency will not exceed 150ms.
Latency is calculated by using 5-minute polling intervals.
Service Credit Calculation For Network Latency, the affected portion is the peak latency across the whole of the network for the month of the fault. In the calculation for Network Latency, measurements during a planned or unplanned outage are excluded.


_______1.6 SERVICE DATA THROUGHPUT_

Service
Data Throughput
Description
The speed at which data bits are carried by the Linknet Wireless broadband service.
Service Level Peak data speed shall be that specified for the particular Service indicated on the Application Form. Average data speed shall be greater than 60% of the peak data speed for at least 75% of the month.
Service Credit Calculation For data throughput, the affected portion is that with an average speed of less than 60% of the peak data speed (measured every 10 minutes) for the amount of time less than 75% of the month in which the fault occurs. In the calculation of the throughput, measurements during a planned or unplanned outage are excluded.


_______1.7 PACKET LOSS _

Service
Packet Loss
Description
The difference between the number of packets recieved and the number of packets sent.
Service Level Packet loss is the difference between the number of packets received and the number of packets sent. It is measured as a monthly average of packets lost between the customer access device and the Linknet Core network in Lismore.
Packet loss will be no more than 1% of packets sent.
Packet loss is calculated using 5-minute polling intervals.
Service Credit Calculation For Packet Loss Faults, the affected portion is the peak number of Packets Lost in the month in which the Fault occurs. In the calculation of the Packet Loss, measurements during a planned or unplanned Outage are excluded.


_______ FAULT SEVERITY TABLE _

Service
Severity Description Response Target Restoration
Business
1 An existing service is "down" or there is a critical impact to the customers business operation. 1 Hour Next Business Day*
Business 2 Operation of an existing service is severely degraded, or significant aspects of the customers business operation are negatively impacted by inadequate performance of Linknet's products. 2 Hours Next Business Day*
Business 3 Operational performance of the service is impaired whilst most business operations remain functional. 4 Hours if before 2-pm Mon - Fri otherwise next business day. Next Business Day*
Business 4 Customer requires information or assistance on Linknet product capabilities, installation, or configuration. There is clearly little or no impact on the Customer's business operation. Next Business Day*  

Service
Severity Description Response Target Restoration
Residential
1 An existing service is "down". 4 Hours Next Business Day*
Residential 2 Operation of an existing Service is severely degraded or impacted by inadequate performance of Linknet products. 4 Hours if before 2-pm Mon - Fri else next business day. 2-Business Days*
Residential 3 Customer requires information or assistance on Linknet products capabilities, installation, or configuration. There is clearly little or no impact on the Customer's service. 2 Business days.  

* If a fault is reported after 2-pm an additional Business Day is added to the restoration time.


_______1.8 SERVICE CREDIT TABLE _

The Credit per fault or failure will be a percentage set out in the table below of the recurring monthly charges that are payable by you in respect of the affected portion of the services (if applicable weighted) for the calendar month in which the fault or failure occurred. The percentages for the failures are determined by the severity scale and its target to respond or restore.

If in any one calendar month an incident or series of connected incidents entitles you to lodge a claim (a “Claim”) for a Credit as a result of our failure to achieve more than one Service Level, you are only entitled to a maximum Credit of 25% of the amount billed for this service for this month.

Service Component
Credit
0% 5% 10% 15%
Network
Service Availability 100 - 99% 98.99 - 98% 97.99 - 97% Under 97%
Average Data Throughput % of peak speed 60% 60% 60% 60%
Network Latency under 150mS 150-350mS 350-450mS over 450mS
Packet Loss 0-1% 1.1-5% 5.1-10% over 10%
Operations
Response Times Within Target Outside Target  
Repair Times Within Target Outside Target


_______1.9 CREDIT CLAIM PROCESS _

A) A Credit will only be given where:
You are current with your payments for all undisputed invoices rendered before the Claim;

  1. You have lodged with Linknet a Claim for a Credit and provided all evidence available to you to support such Claim including a Linknet Trouble Ticket number. Credit claims are not accepted where a Linknet Trouble Ticket has not been lodged;
  2. Claims have been received by Linknet within 30 days of the end of the month to which the Claim relates; and
  3. Linknet has acknowledged to you responsibility for the Fault of Failure.

B)  Linknet will make an acknowledgement to you within 14 days of your lodging a Claim and shall provide reasons to you if, for any reason, it denies liability for the Fault or Failure. If you disagree with Linknet's denial of a Claim, you shall be entitled to exercise the dispute resolution procedures described on Linknet's Website.

C) Claims where Linknet has accepted responsibility will be applied to your billing during the month following Linknet's acknowledgment of responsibility for the Fault or Failure