These Specific Terms for the “Console Connect IoT” Service, which both the Company and the Customer agree to be bound by, are incorporated into and made a part of the master services agreement and/or other general terms and conditions executed between the Company and the Customer (the “MSA”). Capitalized terms used herein and not otherwise defined shall have the meaning set forth in the MSA.
Definitions
The following words have these meanings in these Specific Terms:
Access Point Name or APN is the gateway between a Mobile Network and other computer or transmission network.
Active SIM means a SIM that has been active at any time during the applicable calendar day. For clarity, a SIM that has changed from status “active” to status “paused” or “terminated” including variance of these states or “active (no billing)”, during any point of time during an applicable calendar day shall also be considered as “active”, in addition to a SIM with status “active” at all times during the applicable calendar day.
Application Programming Interface or API is a set of subroutine definitions, communication protocols, and tools for building software. In general terms, it is a set of clearly defined methods of communication among various components.
Charges mean the charges for the Service set forth in the relevant Order Form (including, without limitation, any one time fees, recurring, usage, rental or other fees or other charges payable by the Customer in relation to the Service), as revised by the Company from time to time pursuant to these Specific Terms.
Company means the Service providing company that has entered into the MSA with the Customer, as more particularly specified in the MSA and relevant Order Form.
Company Website means https://www.pccwglobal.com/our-services/mobility-and-voice/console-connect-iot/ where Customer can find more information about the Service.
Customer means the legal entity that has entered into the MSA with the Company, as more particularly specified in the MSA and relevant Order Form.
Customer Equipment means the whole or part of the Customer end platform, including but not limited to hardware, equipment, systems, software and other related facilities owned, licensed to, controlled or provided or sourced by the Customer, a Customer Affiliate or a third party agent of the Customer and used in conjunction with the Service.
DAP means “Delivery At Place”, as defined in Incoterms® 2020.
Digital Order Form an Order Form submitted by the Customer through the Company’s online ordering platform.
eSIM or embedded SIM (MFF2) is the hardware component of the SIM in a form of programmable SIM Card that is embedded directly into a device.
eUICC is the software component of the SIM that allows the remote SIM provisioning of multiple network profiles.
IPSec VPN refers to the process of establishing VPN connections using Internet Protocol Security or IPSec protocol for creating a virtual, encrypted link over the unsecured Internet to ensure secure and private communications over Internet Protocol (IP) networks by authenticating and encrypting IP packets between two end points.
Mobile Network refers to a mobile telecommunciations network that complies with the 3GPP standards, including 2G GSM/GPRS, 3G UMTS, or 4G LTE network, when available also includes 5G and NB-IoT or any other future technology and/or telecommunications standards available via the Service.
Order Form a written or electronic application (including a Digital Order Form) submitted by the Customer requesting provision of one or more Services or modifications to one or more Services, which application has been accepted by the Company.
Private APN refers to a gateway dedicated to a particular Customer not being shared to other Customers unless with Customer’s consent.
Semi-Private APN refers to a gateway to serve Customer’s particular service requirement and the gateway is shared with other Customers.
Service/Console Connect IoT Service means the service to be provided by the Company to Customer under these Specific Terms as more fully described in Schedule 1 hereto.
Service Coverage means the countries or destinations where the Service will be provided to Customer and/or Users via the local mobile operators or mobile service providers, as listed in Schedule 3 to these Specific Terms (unless otherwise specified in the relevant Order Form) and as may be updated by the Company by written notice from time to time.
Service Equipment means the whole or part of the Service delivery platform, including but not limited to hardware, equipment, software, program interfaces etc. owned, managed or controlled by the Company or a Third Party Supplier, which is not Customer Equipment and which is used in connection with the provision of the Service to Customer.
Service Portal means the web interface used to access the Service for the purpose of conducting SIM connectivity management and service management.
Shared APN refers to a gateway that can be accessed or shared by one or multiple Customers.
SIMs mean the eSIMs and SIM Cards.
SIM Card means a subscriber identity module card which is a microchip card inserted into a user terminal, used to identify a User across all Mobile Networks. This may be a mini SIM (2FF), micro SIM (3FF), nano SIM (4FF).
SIM Profile means a combination of a file structure, data and applications to be provisioned onto, or present on, an eUICC and which allows, when enabled, the access to a specific Mobile Networks infrastructure.
Software has the meaning set forth in clause 4.2 of these Specific Terms.
Specific Terms means these Specific Terms, all documents incorporated herein by reference and all schedules and attachments to these Specific Terms.
Short Message Service or SMS is a text messaging service to send / receive alphanumeric messages between devices or messaging API within and/or between Mobile Network(s) with each message limited to 160 characters.
Terms of Use means Console Connect’s Terms of Use available at website: https://www.consoleconnect.com/legal/terms-of-use-2/.
User means companies, businesses or natural persons who have subscribed to or are authorised by the Customer to use the Service
Virtual Private Network or VPN means to extend a private network across a public network, and enables Users to send and receive data across shared or public networks as if their computing devices were directly connected to the private network.
1. Obligations of the Parties
1.1 The Company agrees to provide the Service and the Customer agrees to use the Service and ensure Users use the Service in accordance with the terms and conditions set out in these Specific Terms.
1.2 Subject to the terms of these Specific Terms, the Company shall:
1.2.1 provide a web-based Service Portal and/or API to Customer for the administrative purposes and functions of the Service, as set forth in Schedule 1;
1.2.2 provide to Customer with such technical information and assistance as may be reasonably required to interface the computer systems of the Customer with the Service platform; and
1.2.3 provide the support services in accordance with the Service Levels set forth in Schedule 2 hereto, including (but not limited to) handling of complaints and questions received from the Customer in relation to the Service.
1.3 In addition to the Customer’s obligations set forth in the MSA, the Customer shall have the following obligations with respect to the Service:
1.3.1 Customer shall submit an Order Form for the Service and related service annexes to the Company. Each Order Form submitted by the Customer and accepted by the Company shall form a part of the agreement for the Service ordered by Customer pursuant to these Specific Terms;
1.3.2 Customer shall use the Service in accordance with these Specific Terms;
1.3.3 Customer shall ensure Users use the Service in accordance with these Specific Terms;
1.3.4 Customer shall comply with and ensure Users comply with all Applicable Laws including but not limited to all relevant laws, regulations, regulatory conditions and usage restrictions provided for in the applicable regulatory framework as may apply to the Service or any component thereof. If, any time during the term of these Specific Terms, the Customer is informed or any information comes to its attention that the Customer and/or User are or may be in violation of any Applicable Laws, the Customer shall immediately take all appropriate steps to remedy such violation and comply with and ensure Users comply with such Applicable Laws in all respects;
1.3.5 Customer shall obtain and maintain and ensure Users obtain and maintain all necessary regulatory or other licenses, permits, or approvals required in any jurisdiction where it offers the Services;
1.3.6 Customer shall access the Company’s network (including but not limited to the Service Portal and APIs) provided in connection with the Service in accordance with the Terms of Use, manuals and instructions provided by the Company and/or its Affiliates;
1.3.7 in the event the Company grants Customer and Users a right to access the Service and/or Service Equipment through means authorised by the Company, including but not limited to APIs and/or Service Portal, the Customer shall use, and ensure Users use, the Service and Service Equipment in accordance with all Applicable Laws and the Terms of Use, manuals and instructions provided by the Company and/or its Affiliates;
1.3.8 Customer acknowledges that the Services and Service Portal are to be used for enterprise commercial use, and not for personal, domestic, individual or household use. Customer shall ensure all uses of the Services and Service Portal by the Customer and Users adhere to the restrictions stated in this clause 1.3.8;
1.3.9 the Customer shall be liable for all activities that occur under its account through the use of the Service via the Service Portal and/or API (whether authorised or otherwise) and all related Charges incurred from such activities. The Customer undertakes to inform the Company immediately if the Customer believes or has reason to believe that a third party is or has been using the Service without the Customer’s authorisation; and
1.3.10 the Customer shall indemnify and keep the Company and its Affiliates indemnified from and against any claims by any third party related in any way to the Company or its Affiliates’ processing under these Specific Terms of any data and/or content provided by the Customer.
1.4 Notwithstanding anything to the contrary contained herein or in the MSA, the Company shall have the right to terminate or suspend, at its sole discretion, the Service or the MSA upon written notice to the Customer if the Customer is in breach of any of its obligations under clause 1.3 of these Specific Terms.
2. Charges
2.1 In consideration for the Company providing the Service to the Customer, the Customer shall pay the Company the Charges for the Service in accordance with these Specific Terms.
2.2 Unless otherwise specified in the Order Form, Charges for the Services are subject to change by the Company from time to time. The revised Charges and their effective date(s) will be communicated to the Customer in writing.
2.3 The Customer shall be responsible for checking the prevailing Charges prior to ordering the Service and from time to time thereafter. Unless the Customer presents a dispute regarding the correctness of an invoice with supporting documentation that demonstrates the improper charge(s) within thirty (30) days of the date of the relevant invoice, the Company’s records and Charges as set out in the invoice shall be final, conclusive and binding upon the parties and the invoice shall be deemed undisputed.
2.4 All Charges including fees, costs and expenses for connecting to the software defined interconnection platform of the Company or any other destinations or end points requested by the Customer or Users shall be borne entirely by the Customer.
2.5 Any excess consumption beyond the quota provisioned under the participation program or tariff plan applicable to the Customer shall be charged to and payable by the Customer according to the Company’s Console Connect IoT Service Pay-As-You-Go (or PAYG) rates communicated to the Customer in writing, unless otherwise specified in the Order Form.
2.6 The Charges payable for the Service during each Renewal Term shall be calculated based on the latest rates communicated by the Company, unless otherwise agreed by the Parties in writing.
2.7 Charges that were waived by the Company during the entire preceding Service term will not be waived in any subsequent Renewed Terms, unless otherwise specified in the Order Form for the same Service.
3. The SIMs
3.1 All physical SIM Cards and eSIMs purchased by the Customer from the Company for the purposes of the Service will be the property of the Customer, except for all ownership interests in the SIM Profiles, the software installed inside the SIM Cards and eSIMs and all Intellectual Property Rights thereto which shall at all times remain with the Company or a Third Party Supplier, as the case may be.
3.2 The Customer is responsible for all Charges incurred by the use of the SIMs and the provision of SIM Profiles to the SIMs.
3.3 In the event of loss or theft of a SIM, the Customer is responsible for all Charges connected with the lost or stolen SIM until the Service is deactivated, either by the Customer through the Service Portal or API or by the Company after receipt of a written request from the Customer.
3.4 The Company may, in its sole discretion, replace free of charge a SIM Card that is damaged due to normal wear and tear. In the event a SIM Card is damaged due to misuse, negligence or wilful damage on part of the Customer or User or the SIM Card is lost by or stolen from the Customer or User, the Company will charge the Customer and the Customer shall pay a replacement or repair fee for the damaged, lost or stolen SIM Card, unless such fee is waived by the Company in writing.
3.5 All costs and expenses incurred by the Company for delivering a replacement SIM Card to the Customer (including but not limited to the cost of transportation and insurance) will be borne by the Customer, unless such costs and expenses are waived by the Company.
3.6 The Customer agrees to use the SIMs and ensure Users use the SIMs primarily for Machine Type Connections only while using the Service in Hong Kong. For the purposes of these Specific Terms, “Machine Type Connections” refer to machine-to-machine or machine-to-person communications for automated transmission of data and text messages with minimal or no human interaction or control. For the avoidance of doubt, whilst they are treated as person-to-person communications under the applicable regulatory framework, the Customer is not permitted in Hong Kong to use the SIMs in mobile phones, dongles, tablets and portable Wi-Fi devices (such as Wi-Fi eggs and Wi-Fi routers) regardless of whether they permit voice and data communications or data-only communications.
4. Equipment and Software
4.1 Customer shall, at its own cost and expense, purchase and deploy Customer Equipment as mutually identified and agreed upon by both parties for the Services.
4.2 The Customer acknowledges that Service Equipment provided by the Company may be embedded with proprietary technology (“Software”). Customer shall not obtain title, copyright or any other proprietary right to such Software. At all times, the Company (or its Third Party Supplier) retains all rights and title to such Software, including but not limited to any updates, enhancements and/or additions to the Software.
4.3 Customer shall use such Software in the manner as expressly authorized by the Company and for the purpose of using the Service. Customer shall not disclose the Software to any person or convey, copy, license, sublicence, tamper with, or create any derivative work based on the Software.
4.4 Where necessary, the Customer shall work together with the Company to integrate the Customer Equipment and the Service Equipment to enable the Company to provide the Service.
4.5 The Customer shall promptly notify the Company of any malfunction, failure or other incident resulting in the loss of use or degradation of the Service and/or Service Equipment or where there is a need for repair or maintenance of such Service and/or equipment.
4.6 In respect of any Customer Equipment sold by a third party directly to the Customer, Customer acknowledges and agrees that the Company shall have no liability whatsoever in respect of any loss, defect or damage to the Customer Equipment, and/or for any costs and/or expenses associated with and/or arising out of the purchase of the Customer Equipment.
4.7 Customer assumes all risks in relation to, and shall indemnify the Company from all any liabilities, losses, damages, disputes, offsets, counterclaims, demands, actions, costs, expenses and judgments arising out of the maintenance or use of, or from any loss or damage to, Service Equipment by Customer and /or Users.
5. Term
5.1 The Minimum Contract Period of the Service shall be twenty-four (24) months after the applicable Service Commencement Date or as otherwise specified in the Order Form.
5.2 At the end of the Minimum Contract Period, the Service term shall automatically renew for consecutive periods of three (3) months each (each a “Renewed Term”), unless and until the Service is terminated by either Party on giving no less than three (3) months’ prior written notice to the other Party .
5.3 If the Customer wishes to terminate the Service during a Renewal Term by giving less than three (3) months’ notice to the Company pursuant to clause 5.3 then: (a) the Customer shall inform the Company in writing; and (b) in addition to all accrued Charges up to the date of termination, Customer shall pay a cancellation charge to the Company equal to the sum of: (i) 100% of the Charges that would have been payable by the Customer if the Customer had continued to receive the Service from the date of termination until the expiry of the Renewed Term; and (ii) the value of any price discounts, credits, or Charges waived by Console Connect during the Renewed Term. The Parties agree that the cancellation charge is an agreed reasonable pre-estimate of the anticipated losses suffered by Console Connect if a Service is terminated before the expiry of the Renewed Term.
6. Consequences of Termination
6.1 Upon the date of termination of the Service:
6.1.1 Customer shall forthwith cease to advertise or market the Service;
6.1.2 Customer shall immediately pay all Charges for the Service up to and including the date of termination and all other amounts owing by Customer hereunder;
6.1.3 any licences or intellectual property rights granted by a Party to the other Party under these Specific Terms shall automatically terminate; and
6.1.4 each Party shall immediately cease to use the other Party’s Confidential Information and (at the other Party’s option), irretrievably delete the other Party’s Confidential Information in its possession or control to the satisfaction of the other Party.
6.2 Termination of the Service does not affect:
6.2.1 the rights accruing to a Party before expiration or termination; or
6.2.2 any rights and obligations of a Party which survive expiration or termination.
7. Delivery
7.1 Subject to the Customer complying with its obligations under clause 8 of these Specific Terms, the Company may, if it agrees to do so, deliver commodities related to the Service, (including but not limited to SIMs, Service Equipment and Customer Equipment) (collectively, the “Commodities”) requested by the Customer to the named destination mutually agreed between the Customer and Company. For the avoidance of doubt, under no circumstances whatsoever shall the Company be responsible for carrying out any import formalities or clearances, including but not limited to obtaining import license/permits etc. or payment of any applicable duties or taxes with respect to the Commodities. Details of all Commodities that the Company agrees to deliver to the Customer to the mutually agreed destination shall be described in the relevant Order Form. All risks in respect of the Commodities shall be passed to the Customer upon agreed delivery terms on a per order basis, as specified in the relevant Order Form.
7.2 All costs and expenses incurred by the Company for delivering the Commodities to the Customer’s destination (including but not limited to the cost of transportation and insurance) will be charged to the Customer and specified in the Order Form and the Customer shall pay these costs and expenses within thirty (30) days of the date of the relevant invoice.
7.3 Subject to mutual agreement in writing between the Parties, the Customer can be responsible for the full delivery process and all related costs and expenses of delivering the Commodities to the Customer’s nominated destination.
8. Import Controls
8.1 The Customer shall be the importer of record and responsible for obtaining, maintaining and complying with all applicable import and official authorizations and regulatory approvals (including but not limited to import licenses, permits and customs formalities) and payment of all applicable fees, charges, duties and taxes necessary for the import of the Commodities under its own name. The Customer shall comply with all applicable import laws and regulations in the course of carrying out any importing activities.
8.2 In the event the Customer intends to appoint a third party importer to carry out importing activities on its behalf, the Customer shall notify the Company in writing the identity of the third party importer prior to such appointment and shall ensure such third party importer complies with all applicable import laws and regulations. The Customer shall remain liable to the Company for the conduct of the third party importer and shall indemnify the Company against all losses, costs or claims arising out of or in connection with any acts or omissions of the third party or Customer.
8.3 The Customer acknowledges and agrees that the Commodities are controlled by the U.S. Government and authorized for export only to the country of ultimate destination for use by the ultimate consignee or Users herein identified. They may not be resold, transferred, or otherwise disposed of, to any other country or to any person other than the authorized ultimate consignee or User(s), either in their original form or after being incorporated into other items, without first obtaining approval from the U.S. government or as otherwise authorized by U.S. law and regulations.
9. Export and Sanctions Compliance
9.1 The Customer acknowledges that any Commodities , software, technology and technical data (collectively, the “Export Components”) provided by the Company, where applicable, may be subject to US and/or non-US export control and sanctions laws and regulations, including, without limitation, those of Hong Kong, the US, the EU and the UK (collectively, “Export Control and Sanctions Laws”).
9.2 The Customer shall not participate in any transaction involving any Export Components with individuals or companies who are listed on any restricted party list maintained by Hong Kong, the US, the EU, the UK or any other country.
9.3 The Customer shall not export, re-export, or transfer any Export Components in violation of the abovementioned Export Control and Sanctions Laws.
9.4 Without limiting clause 9.3, the Customer shall not export or re-export any Export Components to Cuba, the Crimea region of Ukraine, Iran, North Korea, Syria or any embargoed or comprehensive-sanctioned country as may be designated by the US Government or any other government.
9.5 The Customer shall not use the Export Components for any activities that involve, or knowingly involve the following end-uses: nuclear, rocket/missile systems, chemical/biological weapons, maritime nuclear propulsion, or weapons of mass destruction.
10. Privacy and Personal Data Protection
10.1 The Customer shall use the Service subject to Console Connect’s Privacy Statement (https://www.pccwglobal.com/privacy-statement), in addition to the privacy policies of any third party providers whose websites, portals, applications, materials, services or products are incorporated into the Service.
10.2 The Customer shall comply with all Applicable Laws relating to personal data including but not limited to the requirements of the EU GDPR. This clause is in addition to, and does not relieve, remove or replace, the Customer’s obligations under the EU GDPR or any Applicable Laws.
10.3 In addition to clause 10.1 above, the provisions of the “GDPR Data Processing Rules for Console Connect IoT Service” (the “GDPR Data Processing Rules”) available at https://www.consoleconnect.com/gdpr-data-processing-rules-for-console-connect-iot-service/ will apply in case of any processing of Personal Data of data subjects within the European Union at the time of processing.
10.4 The GDPR Data Processing Rules are incorporated into and made a part of these Specific Terms. Each Party shall comply with their respective obligations under such Rules. The capitalised terms, “EU GDPR” and “Personal Data” mentioned in this clause 10 are defined in the Rules.
11. Changes
11.1 The Company may revise these Specific Terms at any time. Revised versions of the Specific Terms will be posted on the Company Website and take effect thirty (30) days after posting, except where the revisions to the Specific Terms are made to comply with Applicable Laws or relate to changes to the Service and/or its contents in which case such revisions and changes shall take effect immediately upon posting same on the Company Website unless otherwise specified.
11.2 The Customer acknowledges and agrees it is the Customer’s responsibility to check these Specific Terms periodically for revisions and that such revisions shall be deemed accepted by the Customer should the Customer and/or any User continue to use the Service and Service Portal after the revisions take effect.
Schedule 1 Console Connect IoT Service
Service Description
1. The Service enables machine-to-machine communications between Users’ IoT devices using the Console Connect IoT SIM and the Customer’s required termination point(s) which may be the public internet or 3rd party service providers or Customer’s designated data centers via the Service platform’s Shared APN, Semi-Private APN or Private APN.
2. The Service includes data services and optional SMS and voice services which are available to the Users’ IoT devices where there is local or roaming service agreement in place in the available countries or destinations where the Service will be provided. In respect of any country, destination or jurisdiction in which Console Connect is not itself permitted by applicable law to provide the Service, Console Connect shall arrange for the provision of any such Service by a licensed third party supplier.
3. The Company provides public mobile numbers which are required for SMS and/or voice service subscriptions. The public mobile numbers are assigned during the initial configuration of the respective SIM. Customer must inform the Company during initial configuration if it plans to use the SIM for SMS and/or voice services in the future.
4. Customer is able to manage its SIMs’ full-life cycle and the connection of Customer’s and/or Users’ IoT devices in available countries or destinations with service portal or API. Details of the Service contents are summarised below:
Attribute | Service Content |
---|---|
Service Coverage | Countries or destinations in all defined pricing zones listed in Schedule 3 hereto (unless otherwise specified in the relevant Order Form) and as updated by the Company by written notice from time to time. There may be one or more than one service provider in each country or destination, subject to the actual service availabilities. |
Mobile Technologies Supported | 2G GSM / GPRS, 3G UMTS, 4G LTE – service availability are subject to the actual support of mobile technologies, frequency bands and coverage locations of individual local mobile networks. 5G and NB-IoT will also be supported when available. |
Mobile Services | Data is the basic service, while SMS and voice services are provided as Customer options. |
Mobile Numbering | Each SIM will be assigned a mobile number during the initial configuration. There are two types of mobile numbers: • Private mobile number for User only requires data service; or • Public mobile number for User that also requires SMS and/or voice services Once the mobile number is configured to the SIM, the mobile number cannot be changed. Therefore it is important for the Customer to inform the Company during the initial configuration of any plans to use the procured SIM for SMS and/or voice services in the future. |
SIM Type | Two categories of SIMs are available : 1) SIM Card or Physical SIM o Console Connect brand o Console Connect standard profile o Normal Industrial Plug-In SIM supporting multiple form-factors o Integrated SIM supporting mini SIM (2FF) / micro SIM (3FF) / nano SIM (4FF) 2) eSIM o Industrial purpose SIM that can be soldered on printed circuit board o In form factor – MFF2 o Pre-load with Console Connect standard profile as the bootstrap Both SIMs support multiple mobile technologies – 2G GSM / GPRS, 3G UMTS and 4G LTE. |
SIM Order and delivery | Minimum order quantity A. Orders via the Company’s Sales Team 1) Standard Physical SIM ie. Console Connect brand and Console Connect standard profile – 100 units 2) Non-standard Physical SIM ie: non-Console Connect brand and non-standard profile – 5,000 units 3) eSIM – 1,000 units B. Orders via Company’s Online Ordering Platform Standard delivery to single destination subject to import regulations of individual country and destination. |
Mobile Device IP Address | • Default o Private IP addresses are allocated by the Company • Options o Customer’s IP address allocation o Public IP address subject to resources availabilities |
SIM Connectivity Management | Dedicated logins to service portal or API |
Exit gateway locations | Choice of locations include Europe, Singapore and Hong Kong, based on the Customer service requirements. |
APN Types | • Shared APN for access to Public Internet with no customization. • Semi Private APN for access to a particular services but shared across to Customer with the same service requirement. These include o Internet with Firewall o Direct connect with Customer destination over IPSec VPN o On-board to Console Connect MPLS o On-board to Console Connect platform • Private APN for access to Customer’s designated end-points which may be Customer’s own data center or third parties’ service providers. |
Subscription | Data subscriptions • 180+ available countries or destinations are categorised into 11 pricing zones o 9 standard pricing zones; and o 2 Rest-of-World pricing zones • Pay-As-You-Go with the same rate for available countries or destinations within • Pool Plans o SIM bundled o Group Pooled SMS and voice subscriptions – Pay-As-You-Go |
Schedule 2 Support Services
1. The Customer shall provide Level 1 support service to Users. For the avoidance of doubt, at no time shall the Company be responsible for handling any enquiries, disputes or problem reports relating to the Service from Users directly.
2. The Customer shall establish a service desk to provide Level 1 support service to receive, handle, answer and resolve all enquiries and problem reports relating to the Service from Users.
3. The Customer’s Level 1 support service shall include the carrying out of an initial diagnosis of all reported incidents from Users, including problems with Users’ IoT devices.
4. Unresolved incidents may be escalated by the Customer’s Level 1 support service desk to the Company’s Network Operation Centre (“NOC”) for resolution (Level 2 support).
5. The NOC is available to the Customer if its Level 1 support service desk requires technical assistance on the Service or Customer raises any billing related enquiries.
6. The Company will provide Level 2 support to the Customer through the NOC to respond to incidents issues and enquiries received from the Customer’s Level 1 support service desk.
7. The Company will provide Level 2 support in accordance with the support service levels (“SLAs”) specified in this Schedule.
8. The Company’s Level 2 support is provided based on the following service level “Call categories” and procedures:
a. All service calls or emails will be made to the NOC and will be issued a service ticket.
b. All service tickets will be prioritized and managed in accordance with the table below:
Support Service Levels (SLAs)
Call categories | Definition | Coverage | Response Time | Escalation Time (if no workaround or problems remain unresolved) |
---|---|---|---|---|
Critical | Total/Major system failure or unplanned outages | 7×24 hours | Within 1 hour after receiving the call | 2 hours from receipt of a full detail incident report |
Important | Many users are not able to access the system | 7×24 hours | Within 3 hours after receiving the call | 4 hours from receipt of a full detail incident report |
Normal | Features related or general configuration enquiries. | Weekdays 0930-1800 | 3 hours after receiving an email or phone call | 1 working day of a full detail requirement |
For the avoidance of doubt:
- The above SLAs only apply to unplanned outage incidents.
- Date and time shall be based on Hong Kong local time.
- Weekdays mean Mondays to Fridays, except a day which is a public holiday in Hong Kong.
- The Company’s Level 2 support service can be accessed by designated phone or email contacts provided by the Company.
Schedule 3 Service Coverage
Asia-1
Australia, Bangladesh, Cambodia, China, Hong Kong, India, Indonesia, Japan, Macau, Malaysia, Myanmar, New Zealand, Philippines, Singapore, South Korea, Taiwan, Thailand, Vietnam.
Asia-2
Kazakhstan, Pakistan, Uzbekistan.
Asia-3
Brunei, East Timor, Fiji, Guam, Kiribati, Laos, Mongolia, Nauru, Papua New Guinea, Rota, Saipan, Tonga, Vanuatu.
Europe-1
Aland, Bulgaria, Croatia, Czech Republic, Denmark, Estonia, Faroe Islands, Finland, Germany, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Montenegro, Netherlands, Norway, Russia, Serbia, Spain, State of Vatican City, Sweden, Switzerland, Ukraine, United Kingdom.
Europe-2
Albania, Austria, Belarus, Belgium, France, Georgia, Greece, Greenland, Guernsey, Hungary, Iceland, Isle of Man, Jersey, Luxembourg, Macedonia, Malta, Moldova, Poland, Portugal, Romania, Slovak Republic, Slovenia.
US & Canada
Canada, Puerto Rico, United States, US Virgin Islands.
Americas-1
Argentina, Colombia, Costa Rica, Ecuador, El Salvador, Mexico, Nicaragua, Panama, Peru, Uruguay, Venezuela.
Africa & Middle East-1
DDemocratic Republic of the Congo, Israel, Kenya, Kuwait, Nigeria, Saudi Arabia, South Africa, Tanzania, Turkey, Uganda, Zambia, Zanzibar.
Africa & Middle East-2
Chad, Gabon, Ghana, Jordan, Madagascar, Mozambique, Niger, United Arab Emirates.
Rest -Of-World-1 (or ROW-1)
Afghanistan, Azerbaijan, Bahrain, Benin, Bolivia, Botswana, Bosnia & Herzegovina, Cameroon, Chile, Egypt, Honduras, , Mauritius, Monaco, Morocco, Oman, Qatar, Samoa, Senegal, Sri Lanka, Tajikistan, Tinian, Tunisia.
Rest-Of-World-2 (or ROW-2)
Anguilla, Antigua & Barbuda, Armenia, Aruba, Bahamas, Barbados, Belize, Bermuda, Bhutan, Bonaire, British Virgin Islands, Cape Verde, Cayman Islands, Curacao, Cyprus, Desirade, Dominica, Equatorial Guinea, French Guyana, French Polynesia, French West Indies, Gambia, Grenada, Guadeloupe, Guyana, Haiti, Jamaica, Kosovo, Kyrgyzstan, Les Saintes, Marie – Galante, Martinique, Montserrat, Nepal, Palestine, St. Barthelemy, St. Kitts & Nevis, St. Lucia, St. Martin, St. Vincent, Suriname, The Grenadines, Turks & Caicos.
Note:
1. In compliance with Applicable Laws (including Export Control and Sanctions Laws), the Company’s ability to deliver the relevant Services, technology, or equipment to certain countries listed in this Schedule 3 (or to the entities or persons in those countries) are subject to, and conditioned upon, the necessary licenses, approvals, authorizations or permits to be obtained from the relevant Government authorities. If provision of the Services, technology or equipment to any of these countries (or persons or entities in these countries) is not permitted or is sanctioned under any Applicable Laws, the affected country(ies) shall be deemed to be removed from this Schedule 3 without affecting the legality, validity and enforcement of all other provisions of these Specific Terms.