Special Conditions
- DATA service
DATA service
1. Why specific conditions ?
These Specific Conditions define the terms and conditions under which Value IT SAS will provide the Customer with the "DATA" Service (referred to as "the Service")
2. What does the DATA Service include ?
The Value IT DATA Service includes access to the Internet, the allocation and management of a public IP address and network statistics.
2.1 Internet access
The DATA service allows the customer to have a permanent and unlimited access to the Internet network through a Very High Speed connection declined in two solutions:
- The SDSL or SDSL+ solution
- The Fiber Optic solution with FTTB and A/FTTB solutions.
2.2 Internet access with guaranteed speed
A guaranteed speed access is characterized by a constant guaranteed speed between the Customer's Site and the Internet network access, corresponding to 100% of the IP speed.
The guaranteed speed accesses available are of the SDSL or Fiber Optic type:
- SDSL or SDSL+ accesses are based on a DSL access using fully unbundled technology
- Optical fiber access (FTTB or A/FTTB) is based on a dedicated optical fiber access from the Customer's Site to Value IT SAS's network.
2.3 Allocation and management of a public IP address
Value IT SAS provides the Customer with one (1) fixed IPv4 Public IP address that allows the Customer with a private LAN to surf and make visible a server (email, web...).
2.4 Networks statistics
Value IT SAS provides the Customer with a tool integrated into the customer area allowing access to the DATA Service bandwidth usage statistics.
2.5 Summary of features included in the service according to the DATA solution subscribed
| Formule | SDSL / SDSL + | Fiber Optic FTTB- A/FTTB |
|---|---|---|
| Fiber Optic FTTB- A/FTTB | Included | Included |
| Networks statistics | Included | Included |
| Backup (depending on compatibility, see table of compatible backups) | Optional | Optional |
3. What additional services (options) are available?
3.1 Optional Maintenance Plans :
The Customer may subscribe to one of the following two maintenance plans:
- Extended Maintenance 24 hours a day, 7 days a week
3.2 Main access back-up :
3.2.1 Permanent backup (active/passive)
Thanks to this option, Value IT SAS provides a second access, allowing to ensure a backup of the main access of the Site. In case of interruption of the Service on the main access, the customer's flows continue to be routed on the backup access. The permanent back-up access consists of an SDSL or Fiber Optic solution.
3.2.2 List of compatible backups depending on the primary access :
The table below shows the compatibility of the backups available depending on the primary access:
The two (2) Value IT SAS equipments implemented as part of a backup must be connected on the same Customer's local area network (LAN) at a maximum distance of three (3) meters from each other.
| Formule | Compatible Backup | |
|---|---|---|
| Access SDSL or SDSL+ | Fiber Optic Access FTTB or A/FTTB | |
| SDSL or SDSL+ | Yes | Yes |
| FTTB or A/FTTB | Yes | Yes |
4. What are the quality of service commitments?
4.1 Guaranteed speeds
DATA accesses have a guaranteed speed between the Customer’s Website and Internet access. This speed corresponds to 100% of the IP speed. The guaranteed debit level is available on request from your sales manager.
The customer may prove four (4) times a year, on one or more given Sites, that Value IT SAS does not respect these commitments.
In this case, Value IT SAS reserves the right to carry out a counter-assessment. In case of non-compliance with the guaranteed rates, the applicable penalty will be 5% of the monthly payment of the sites in question.
4.2 Commissioning deadlines
Unless otherwise agreed, Value IT SAS will carry out the Commissioning within the deadlines indicated in the table below. In case of failure to comply with these deadlines, the penalties indicated in the table below will apply:
| Type of network | Type of access | Deadline | Penality | Limit |
|---|---|---|---|---|
| Network of less than 20 site | SDSL Connection or SDSL+ | 1st site in 5 weeks The 1 Site / Day | 5% of the monthly subscription for the connection or option per working day of delay | 50% of the monthly subscription of the connection or option |
| FTTB Connection or A/FTTB | According to feasibility study and planning | |||
| Network of more than 20 sites | All | According to planning |
4.3 Modification deadlines
Unless otherwise agreed, Value IT SAS will carry out the modification ordered by the customer within the period indicated in the table below. In case of failure to comply with these modification deadlines, the penalties below will apply:
| Type of modification | Completion time | Compensation | Limit |
|---|---|---|---|
| Adding, Upgrade, Downgrade or move of an SDSL or SDSL+ connection | 5 weeks | 5% of fees Commissioning of the new connection per business day of delay | 100% of the commissioning fee of the new connection |
| Adding, Upgrading, Downgrade or moving an FTTB or A/FTTB connection | According to feasibility study and planning | ||
| Change the connection range from an SDSL or SDSL+ to an FTTB or A/FTTB solution. | According to feasibility study and planning | ||
| Other modifications | According to feasibility study and planning | 5% of the Commissioning fee of the modification per Business Day of delay | 100% of the Change Commissioning fee |
4.4 Restoration Time Guarantee:
4.4.1 For all sites equipped with an SDSL, SDSL+, FTTB or A/FTTB solution
For any Severity 1 incident occurring on a Site in Metropolitan France, Value IT SAS commits to a maximum Recovery Time of the service of 4 hours. Only one penalty will be retained depending on the option chosen.
4.4.2 Penalties in case of non-respect of the maximum Recovery Time
If the maximum Restoration Time is exceeded, the following penalties will apply:
| Exceeding the Maximum Recovery Time | Penalties (in % of the monthly subscription of the site concerned) |
|---|---|
| From 0 to 4 hours | 20 |
| From 4 to 8 hours | 50 |
| More than 8 hours | 100 |
4.5 Maximum annual unavailability of the Service on a Site
For any site equipped with a guaranteed speed connection in Metropolitan France, Value IT SAS undertakes to ensure a maximum annual unavailability of the Service of thirteen (13) hours.
If the maximum annual unavailability of the Service is exceeded, the following penalties will apply:
| Exceeding the annual unavailability time on a Site | Compensation (as a % of the monthly subscription of the Site concerned) |
|---|---|
| From 0 to 5 hours | 20 |
| From 5 to 10 hours | 50 |
| More then 10 hours | 100 |
4.6 Penalty Amount
The amount of penalties for a connection relating to a given year may not exceed 100% of the amount of a monthly fee for the Service for the site concerned.
The amount of the penalties for all of the Customer's Accesses, relating to a given calendar year, may not exceed 100% of the invoices paid by the Customer during the year for the Service.
Any penalties applicable to Value IT SAS for the Service are not cumulative. In the event of an interruption affecting several quality of service commitments on an Access or in the event of an Interruption of service affecting quality of service commitments on several Accesses, only one commitment will be taken into account to determine the applicable penalties, it being understood that the most advantageous commitment for the Customer will be retained.
5. What are the opportunities for service evolution?
5.1 Change of speed (upgrade or downgrade), access range or relocation of an access.
Any change of access speed (upgrade/downgrade), access range or relocation of access to a new Site will be considered as a new access subject to a new Minimum Commitment Period as detailed in the Purchase Order.
In case of a change in speed, access range or relocation, Value IT SAS will automatically apply :
- The monthly installments corresponding to the new access and the Activation Fee, and,
- Compensation calculated according to the time remaining until the end of the Minimum Commitment Period of the initial access, as defined in the table below:
| Access Type | Upgrade/ Downgrade | Change of access range | Relocation |
|---|---|---|---|
| SDSL or SDSL+ access | Change of speed fee | New access activation fee | New access activation fee + 100% of the remaining monthly payments for the first 6 months + 50% of the remaining monthly payments between the 7th and 12th month. |
| FTTB or A/FTTB access | On quotation | ||
5.2 Other changes
Rates for minor changes in the configuration of an Access are indicated in the pricing list.
Other modifications not listed in the pricing list or in the Purchase Order will be subject of a quotation from Value IT SAS on the customer request.
6. What are the specificities regarding termination conditions?
By way of derogation from the provisions of Article "Termination" of the General Conditions, in the event of early termination of the Service on a Site or a Service Option or the Agreement in its entirety, Value IT SAS will automatically apply, for each Site or Option concerned, a variable indemnity depending on the duration of the commitment and the remaining duration until the end of the Minimum Commitment Period.
In case of termination of an Access, Option or Additional Service before the end of the Minimum Commitment Period (SBC), the following termination fees will apply:
| Access / Option | Minimum Commitment Period (MCP) | Termination date | |||
|---|---|---|---|---|---|
| Before the Date of Activation | < 6 months | Between 6 and 12 months | > 12 months | ||
| SDSL or SDSL+ access | < or = 12 months | 100% of the remaining monthly payments for the first 6 months + 50% of the remaining monthly payments until the end of the SMC | 100% of the remaining monthly payments for the first 6 months + 50% of the remaining monthly payments until the end of the SMC | 100% of the remaining monthly payments for the first 6 month | Na |
| > 12 months | 100% of the remaining monthly payments for the first 6 months + 50% of the remaining monthly payments between the 7th and 12th months | 100% of the remaining monthly payments for the first 6 months + 50% of the remaining monthly payments between the 7th and 12th months + 20% of the remaining monthly payments until the end of the SMC | 50% of the remaining monthly payments for the first 12 months + 20% of the remaining monthly payments until the end of the SMC | 20% of the remaining monthly payments until the end of the SMC | |
| Fiber Optic Access FTTB or A/FTTB | < Or = 12 months | 100% until the end of the SMC | Na | ||
| > 12 months | 100% until the end of the SMC | ||||
