SCHEDULE 1 NeoLink Global TDM SERVICE SCHEDULE 1. APPLICABILITY This Service Schedule is applicable only to the COF signed and submitted by the Customer and accepted by Neotel in accordance with the general terms and conditions for delivery of services. 2. DEFINITIONS Terms used herein but not otherwise defined shall have the same meanings ascribed to them in the Master Services Agreement. Furthermore, except where the context indicates otherwise the words, terms and definition shall have the following meaning: 2.1 “COF” or “Customer Order Form” means the form through which the Customer accepts a quotation for services, setting out the details of the Services requested such as quantities, fees, service levels and charges payable. 2.2 “Contract Term” means the term of the applicable services as set out in the COF. 2.3 “Customer” means a duly authorised person requesting the service. 2.4 “EASSy” means Eastern Africa Submarine Cable System. 2.5 "Excused Outage" means those items set forth in Section 5.5 below. 2.6 “Full Circuit” shall mean a Private Line Service provided by Supplier from one endpoint A to another endpoint Z and is available as Protected, Restored or Unprotected. 2.7 “Half Circuit” shall apply to a Private Line Service in which Supplier is providing only a half circuit from Endpoint A and Customer is responsible to provide the other half to its theoretical mid-point. 2.8 “IRU” means Indefeasible Right of Use. 2.9 “MRC” or “Monthly Recurring Charge” means the monthly charges for the services as set out in the COF. 2.10 “NRC” or “Non- Recurring Charge” means the one-time non-recurring charges to be paid by the Customer for installing, commissioning and provisioning of the Service as set out in the COF. 2.11 "Outage" means any event or circumstance (other than an Excused Outage) which results in Service Down Time. 2.12 "Planned Maintenance" means any preventative, routine or scheduled maintenance which is performed with regard to the Private Line Services, the Supplier Network or any component thereof, which Supplier or its agents reasonably believe is necessary in order to prevent or remedy a defect which may affect Customer's use or access to the Services. Supplier shall endeavour to give Customer at least seven (7) days' notice of any Planned Maintenance event. 2.13 "PoP" means Point of Presence. 2.14 “Services” means any Neotel services provided to the Customer under a Customer Order Form. 2.15 “Service Credits” means service credits due to the Customer for unscheduled Service Downtime. 2.16 “Service Downtime” means that period of time for which the Service was unavailable to the Customer. 2.17 “Service Unavailability” refers to a period during which there is a break in transmission, reported to and confirmed by Neotel’s Service Desk in accordance with the ITU-T Standard G.828 which is defined as follows, “A break in transmission is considered to be a period of unavailable time or where 10 consecutive severely errored seconds have been observed. These 10 seconds are considered to be part of unavailable time. The end of an unavailable time period is declared when 10 consecutive seconds without any severely errored seconds has been observed. These 10 seconds are deemed to be available time.” Service Unavailability does not include Excused Outages. 2.18 “SAT-3” means South Atlantic 3. 2.19 “SAFE” means South Africa Far East. 2.20 “Terminating Services” means those Services that are terminated. 2.21 “Termination Date” means the date upon which this Agreement, or the applicable Terminating Services, as the case may be, terminates for any reason whatsoever. 2.22 “TDM” means Time Division Multiplex. 2.23 “WACS” means West Africa Cable System. Service Schedule NeoLink Global TDM v2.3 Page 2 of 7 Please initial: Customer _________ Neotel _________ 3. SERVICE DESCRIPTION 3.1. Neolink Global is a service that provides dedicated high-speed connectivity between different geographical locations through optical fibre submarine cable networks, which include SAT-3, SAFE, SEACOM, WACS and EASSy. 3.2. Neotel shall be responsible for the service and shall manage vendors in order to provide an end-to-end service. This can be from a Neotel PoP to Neotel PoP and include local loops to Customer’s premises. 3.3. In-country last mile services are provided by the local Telco but forms part of the end-to-end managed service. 3.4. NeoLink Global TDM caters for older voice network speeds (2 Mbps, 34 Mbps, 45 Mbps, 155 Mbps) and is suited for legacy infrastructure that cannot integrate with Ethernet services 3.5. TDM hand-off services can be provisioned for a Customer. 3.6. TDM services are typically provisioned in the following fixed sizes: 3.7. a) E1 (2 Mbps) b) DS3 (45 Mbps) c) STM-1 (155 Mbps) d) STM-4 (620 Mbps) Full circuits: a) A full circuit provides an end-to-end service, including international last mile (complete point-topoint service). b) A full circuit is offered utilising TDM service over all the cable systems. b) A half circuit provides a half circuit to a virtual mid-point of the subsea cable and a corresponding carrier provides the other half circuit. The corresponding carrier is nominated and managed by the Customer. c) A half circuit is only offered in a TDM service over SAT-3, SAFE and EASSY. 3.8. Half circuits: 3.9. NeoLink Global protection schemes: a) Protected Service: 1) The service consists of a live path and a hot standby path between: i. ii. iii. iv. Location A South Africa to London via SEACOM South Africa to London via SAT-3 South Africa to India via SAFE South Africa to India via SEACOM 2) Alternative routing on backup path within one (1) second. 3) Highest level of protection. Location B Primary Cable System Hot Standby Cable System Protection path switching Availability SLA Wet Segment South Africa London SEACOM SAT-3 Less than 1 second 99.5% South Africa Mumbai SEACOM SAFE Less than 1 second 99.5% b) Last Mile 99.0% (linear) 99.5% (protected) 99.0% (linear) 99.5% (protected) Restored Service: 1) The primary path and backup path is defined between: i. ii. iii. iv. Service Schedule NeoLink Global TDM v2.3 South Africa to London via SEACOM South Africa to London via SAT-3 South Africa to India via SAFE South Africa to India via SEACOM Page 3 of 7 Please initial: Customer _________ Neotel _________ Location A 2) A manual switch-over is commissioned during an outage situation. 3) Customer’s service shall be restored within four (4) hours. Location B Availability SLA Primary Cable System Restored Cable System Restoration SLA Wet Segment South Africa London SEACOM SAT-3 4 hours 99.0% South Africa Mumbai SEACOM SAFE 4 hours 99.0% c) 99.0% (linear) 99.5% (protected) 99.0% (linear) 99.5% (protected) Unprotected Service: Location A 1) A linear service between two points on SAT-3, SAFE or SEACOM cable systems. 2) No alternative fail-over route in the event of a cable break. 3) Customer’s service shall be restored within six (6) to eight (8) weeks. Location B Availability SLA Primary Cable System Restored Cable System Restoration SLA Wet Segment South Africa London SEACOM None None 99.0% South Africa Mumbai SEACOM None None 99.0% 3.10 Last Mile Last Mile 99.0% (linear) 99.5% (protected) 99.0% (linear) 99.5% (protected) The Neolink Global service may be procured as a Lease option or IRU option: Lease option: a) NeoLink Global bandwidth provision through Neotel can be paid for through monthly annuity payments over a twelve (12) month term. b) The annuity payments consist of a MRC and a NRC. IRU option: 4. a) An IRU payment mechanism is a payment option where the Customer has access to the capacity purchased on a cable system. b) Neotel offers IRU’s in five (5), ten (10) and fifteen (15) year terms. INSTALLATION AND TESTING 4.1. Neotel will conduct an end-to-end system performance testing of the Service as provided in the Customer Order Form. The In Service Notification shall be provided to the Customer by Neotel for such Service after demonstrating error free transmission during the sixty (60) minute test period. 4.2. Upon Customer’s receipt of the In Service Notification for a Service, Customer will have forty-eight (48) hours to test the circuit and notify Neotel in writing of its acceptance or non-acceptance of the Service. Customer may only reject a Service on the basis that the agreed technical specifications as set forth in the service configuration diagram in the Customer Order Form for the Service have not been met. 4.3. If the Customer notifies Neotel of its non-acceptance, further tests of the Service will be conducted and a new In Service Notification will be delivered to Customer, provided that notwithstanding anything herein to the contrary, Customer’s: (i) failure to notify Neotel of its non-acceptance of the Service within the foregoing time period, or (ii) (ii) use of a Service in commercial operations will be deemed to constitute Customer’s acceptance of that Service. Service Schedule NeoLink Global TDM v2.3 Page 4 of 7 Please initial: Customer _________ Neotel _________ 5. SERVICE AVAILABILITY GUARANTEE Neotel shall guarantee service availability on the Neotel network between the Customer sites. The service shall be considered unavailable in the event of any unscheduled service outage. 6. 5.1 For maintenance on linear services of non-redundant customer premise equipment the outage times shall be negotiated. 5.2 In case of services provisioned with protection the services shall be switched to the protection path prior to maintenance. Any outage as a result of this maintenance shall be included in the service downtime. 5.3 For each service, a timer is implemented that accumulates the total time to restore all breaks recorded for the specific service for each day over a period of a month. All the faults that occur on the service during the month shall be finalised at the time the service is handed back to the Customer. The timer shall be restarted at the beginning of each month. 5.4 Service down time is that period of time for which the service was unavailable to the Customer and penalties for down time shall be allocated to the Customer in the form of Service Credits. 5.5 Exclusions. The following outages shall be deemed to be Excused Outages for the purpose of calculating the Service Down Time: a) Any Outage, unavailability or other degradation of the Service which is associated with or caused by Planned Maintenance events or cable cuts on the Supplier Network (which are not otherwise due to the fault or negligence of Supplier). b) an interruption during any period when the Customer elects not to release the service for testing or repair and continues using the service on an impaired basis; c) interruptions due to the failure of facilities, equipment or applications provided by the Customer or a third party acting on behalf of the Customer; d) acts or omissions of the Customer, including the provision of inaccurate information knowingly or unknowingly, by any use or user of the service authorised by the Customer, or outages or disruptions caused by the Customer e) Any Outage attributable to Customer's actions or inactions, Customer provided power or equipment, or Customer's failure to follow agreed-upon procedures in respect of the Services (including the failure of Customer to release the affected Service for testing or repair); f) Any Outage attributable to circuits comprising a part of the Private Line Service that are provided by third party suppliers including providers of distant end half circuits. g) Any Outage attributable to Force Majeure Events, h) Cable cuts for Unprotected Circuits. i) Disconnection due to non-payment of any amount payable by the Customer to Neotel. SERVICE CREDITS 6.1 In the event of a deficiency with the Service, the Customer shall contact the Enterprise Service Desk. 6.2 The granting of Service Credits is contingent upon the Customer having opened a trouble ticket with the Enterprise Service Desk. 6.3 All Service Credits shall be calculated based on the MRC for the affected service(s) during the relevant billing month and applied to the same affected services(s). 6.4 Customer must provide Supplier with a written request for a credit due hereunder within thirty (30) days of the applicable event giving rise to the credit. Failure to do so will void Customer's eligibility for any credit for such event(s). 6.5 In no event shall the total amount of Service Unavailability credits issued to Customer per month exceed twenty-five percent (25%) of the MRC invoiced to Customer for the Affected Service for that month. 6.6 Credits are calculated after deduction of all discounts and other special pricing arrangements, and may not be applied to governmental fees, taxes, surcharges, local access charges or any other charges other than monthly recurring Service charges. 6.7 Credits will generally be reflected on the second invoice following the billing month in which the Serviceaffecting event occurs. The credits provided in this Service Schedule are Customer's sole and exclusive remedies for all matters related to the guaranteed criteria. Service Schedule NeoLink Global TDM v2.3 Page 5 of 7 Please initial: Customer _________ Neotel _________ Protected Service (99.5%) Duration of Service Unavailability* Service Unavailability Credit 0 – 216 minutes No Credit 217 – 480 minutes 5% of MRC 481 – 960 minutes 10% of MRC 961 – 1440 minutes 15% of MRC For each subsequent 24-hour period thereafter 3% of MRC Restored Service (99.0%) Duration of Service Unavailability* Service Unavailability Credit 0 – 432 minutes No Credit 433 – 960 minutes 5% of MRC 961 – 1440 minutes 10% of MRC Above 1440 minutes 15% of MRC Unprotected Service (99.0%) Duration of Service Unavailability* 0 – 432 minutes 7. Service Unavailability Credit No Credit 433 – 960 minutes 2% of MRC 961 – 1440 minutes 5% of MRC Above 1440 minutes 10% of MRC EARLY TERMINATION COSTS 7.1 7.2 The termination fee shall be calculated on the outstanding fees and charges for each of the Terminating Services as at the Termination Date and shall be determined as follows: a) In the event that the Terminating Services are terminated prior to the Service Commencement Date thereof, the Customer shall be liable for an amount equal to the NRC, plus six (6) months of the MRC; b) In the event that the Terminating Services are terminated subsequent to the Service Commencement Date 100% of the MRC for the remainder of the Contract Term of the Terminating Services. The amounts referred to in clause 7.1shall be in addition to all fees and charges payable in the ordinary course in respect of the applicable COF for the Terminating Services, plus any other Services that continue unchanged, as at the Termination Date. Service Schedule NeoLink Global TDM v2.3 Page 6 of 7 Please initial: Customer _________ Neotel _________ 8. ESCALATION MATRIX 8.1 Customer shall call the Enterprise Service Desk on 080 1111 636 (in South Africa only) or +27 11 585 0652 (outside of South Africa) to log calls, queries and complaints with Neotel. 8.2 Should a service issue not be resolved or satisfactory feedback not given, the issue may be escalated to Level 2, 3 and 4 listed in the table below. CONTACT TELEPHONE NO. E-MAIL TIME Level 1 Enterprise Service Desk +27 11 585 0652 080 11 11 636 EnterpriseService@neotel.co.za Immediate Level 2 Cleo Riba (Service Desk Team Leader) +27 11 585 1410 +27 82 328 7793 Cleopatra.Riba@neotel.co.za After 1 hour Level 3 Kenneth Maphate (Senior Manager - Technical Support Centre) +27 11 585 0466 +27 71 853 0776 Kenneth.Maphate@neotel.co.za After 2 hours Level 3 Poomoney Naidoo (Senior Manager – SOC) +27 11 585 0636 +27 71 856 3147 Poomoney.Naidoo@neotel.co.za After 3 hours Level 4 Vinnay Singh (GM - Network Operations) +27 11 585 0463 +27 83 800 2171 Vinnay.Singh@neotel.co.za After 4 hours SIGNED at …………………………..………. on this …….…. day of …...…………….………. 20..….... ………………………………….. For and on behalf of NEOTEL (PROPRIETARY) LIMITED Who warrants that he is duly authorised thereto SIGNED at …………………………..………. on this …….…. day of …...…………….………. 20..….... ………………………………….. For and on behalf of <Customer> Who warrants that he is duly authorised thereto Service Schedule NeoLink Global TDM v2.3 Page 7 of 7 Please initial: Customer _________ Neotel _________