Managed Service from BT Contract

Miscellaneous Contract Section

Cancellation Charges

If any Service or Part of Service is cancelled prior to the Contractual Delivery Date, under Clause 17 of the Terms, cancellation charges will be raised. These will compensate BT in respect of work performed, money spent and commitments entered into to meet the Customer’s requirements, up to and including the time of such termination.

(a) Cancellation charges for Regulated and/or network services will be based on a percentage of the connection charge based on the number of days prior to the CDD that the cancellation notice is received by BT. Cancellation charges relating to Regulated and network services will vary depending on the relevant Service to be cancelled. Details of charges will be supplied by BT on request;

(b) Cancelled orders, rescheduled deliveries or configuration changes relating to BT Provided Equipment requested by the Customer less than 15 Business Days before the original scheduled manufacturer shipment date shall be subject to (a) acceptance by the equipment manufacturer and (b) a charge of a maximum of 20% of the value of the impacted portion of the BT Provided Equipment relevant charges set out in the Order Form. BT will use reasonable endeavours to keep such charges to a minimum. BT will not accept cancellation from the Customer for BT Provided Equipment that has been delivered or is in the process of being shipped by the equipment manufacturer. In such event the Customer shall be liable for the full charge(s) specified on the Order Form for the BT Provided Equipment.

(c) BT will raise additional one-off charges to cover any expenses incurred in removal from the Site of BT Purchased/Supplied Equipment;

(d) BT will raise cancellation charges for Provision and/or Professional Services based on 35% of the Provision or Professional Service charges for the Service at the affected Site and/or any additional one-off charges that BT has reasonably incurred. BT will use reasonable endeavours to keep such charges to a minimum;

(e) BT will raise cancellation charges relating to Security Services, LAN, IPT and Applications set out in Part 4 and Part 6 to cover work performed, money spent and commitments entered into to meet the Customer’s requirements. Details of charges will be supplied by BT on request.

Resigns and Migrations

Where an Order replaces an existing BT Order, (Order Resigned) this Order will become effective when BT confirms acceptance of this Order in writing. Once BT confirms acceptance of the Order the current General Terms available on the Web at the URL below will supersede in all respects the General Terms prescribed within the existing Order. The existing Order will terminate in its entirety. Where this Order only replaces elements of an existing Order once BT confirms acceptance of this Order in writing the General Terms within this Order will supersede the General Terms within the existing Order in relation to those Services that have been migrated over to this Order.

General Terms available below:

http://www.globalservices.bt.com/static/assets/html/connectivity/index.html

Where a Service at an existing Site, is being migrated to a replacement Service the existing Service should be ceased on the OSD of the new Service. The Customer must notify BT that it wishes to terminate existing Services in accordance with the General Terms for the existing Service. If the Customer requires parallel running and wishes to continue the existing Service beyond the OSD of the new Service then the Customer will be invoiced for the existing Service until terminated in accordance with the General Terms. For the avoidance of doubt the new Service will be invoiced in accordance with the charging provisions of this Order.

Where a Service or part of a Service is transferred into this Order as part of a Movation, the Service will be subject to the General Terms of this Order from the date the Customer’s Order is accepted by BT. All such Services will be invoiced from the Movation Effective Date and for the avoidance of doubt will be subject to the charging provisions of this Order. Should the Customer subsequently terminate such a Service then the applicable termination Charges will be calculated from the original commencement of Service date as defined in the initial Order between the Customer and BT.

Changes to the Service (Change Control Process)

At the request of the Customer, BT may make changes or additions to the Service.

All changes or additions shall be subject to the mutual agreement of BT and the Customer.

The Customer must confirm the request in writing via an Order Amendment Form, signed by an authorised representative of the Customer.

BT may at its discretion make available to the Customer an online service portal in order to facilitate changes or additions to the Service. Where the Customer requests a change or addition to Service via the online service portal then such changes will not be valid until BT confirms acceptance by letter.

Change Control Process

Where the Customer requires BT to make any change or addition to the Service the Customer must submit a fully completed electronic Customer Requirement Form (eCRF) to BT using the BTGS Online Portal.

BT will validate the eCRF and produce an Order Amendment Form (OAF) detailing the changes and applicable Charges. BT will send the OAF to the Customer. A signed Order Amendment must be returned to BT within the time-scales (60 Days).

Once BT receives a signed Order Amendment, BT will send out an acceptance letter. Changes will not be valid until BT confirms acceptance by letter.

Termination of Services and the Order

The Customer may terminate this Order or a Service by providing 90 days written notice to BT. Such a request to terminate should be made in accordance with the change control process. Notice for terminations shall be given using a eCRF. The notice period will commence from the date BT receives a fully completed eCRF from the Customer. BT will aim to acknowledge receipt of a fully completed eCRF within 1 Business Day. Unless otherwise notified to the Customer, BT will terminate the Order or Service on expiry of the 90 day notice period.

The Customer may request a termination date prior to the expiry of the 90 day notice period. BT will assess the request and may if practicable terminate the Order or Service on the Customer’s termination request date or on any other date prior to the expiry of the 90 day notice period. BT will advise the Customer of the revised date. In any event the Customer agrees to pay BT the termination charges due to the end of the 90 day notice period.

Circuit Regrades and Bandwidth Changes

All circuit regrades and bandwidth changes are subject to the charges advised by BT in the Order Amendment. BT will confirm in the Order Amendment whether a request constitutes a circuit regrade or bandwidth change.

Circuit Regrade

Where the Customer requests a circuit regrade, this will be classed as termination of the existing Service and provision of new Service. BT will notify the Customer of the new Operational Service Date and the new Minimum Period of Service will be for the same duration as the Minimum Period for the existing Service unless the Customer requests otherwise.

Revised rental Charges and one-off network connection charges will apply from the Operational Service Date. Where the regrade occurs during the Minimum Period of Service applicable termination charges will apply.

Bandwidth Change

Where the Customer requests a bandwidth change the original Minimum Period of Service will not be affected and one-off network connection and/or termination charges will not be payable. Updated rental charges will apply from the Operational Service Date.

Validity Period of Order Amendment Forms

All Order Amendments are valid for 60 days from the date of the Order Amendment. The Customer must return a signed Order Amendment within 60 days of the date of the Order Amendment. If the Customer submits an expired Order Amendment, BT may reject this Order Amendment and present a revised Order Amendment to the Customer for signature.

Charging Table

Charge Category

Charging Basis

One off Charge % or GBP £

Recurring Charge % or GBP £

Yearly Charge % or GBP £

Accelerated Change Control (Where Applicable)

Request for a Priority Order Amendment (Order to be with the Customer by the end of the next working day). There will be an administration charge for each Priority Order request.

£400.00

N/A

N/A

Customer Driven Date changes for Cease Orders

There will be an administration charge applied for any re-issue of an Order due to a Customer requested date change.

£200.00

N/A

N/A

Reissue of Time expired Cease Orders

There will be an administration charge for any re-issued Orders due to time expiry and those not signed within the 60 day validity period.

£200.00

N/A

N/A

Cancellation of Provision or Cease Order

There will be a minimum administration charge for all cancelled Provision or Cease Orders.

£200.00

N/A

N/A

Early Termination charge within the first 12 months

100% of the Network and Service charge will be applied on termination date

100%

   

Aborted Visit Charge

One off Charge

£98.28

N/A

N/A

Decommissioning charge

Decommissioning charge on cease requests

£250.00

N/A

N/A