Special Conditions

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:

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

 

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.

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