Faults in the service
2.1 Plusnet will provide the Customer with the service care level applicable to the service option selected.
Standard Care service level
2.2 For the Standard Care service level Plusnet aim to respond to faults within 8 hours. However there is no Service Level Guarantee (SLG) on fault resolution.
Enhanced Care service level
2.3 For the Enhanced Care service level Plusnet commits to a 1 "working hour" response for all technical support enquiries relating to Plusnet Business Broadband. Responses will be made via an online ticket or telephone.
2.4 Plusnet commits to a 24 "working hours" resolution for any fault found to have originated with the Plusnet Business Broadband.
2.5 Plusnet Enhanced Care Business Broadband includes a SLG. A qualifying fault under the SLG is defined as a customer having no end to end IP connectivity between the Internet and customer's customer premises equipment (CPE) at the customer's premises.
2.6 The SLG clock starts when the customer raises a fault either via the Telephone or the Help Assistant.
2.7 The SLG clock can be suspended due to the following reasons and suspended time will be excluded from the total fault time:
2.7.1 Fault passed back for retest: Plusnet believes the fault to be resolved and require confirmation from the end user via a retest.
2.7.2 Further diagnostics required: Plusnet requires further end user diagnostics in order to progress the fault.
2.7.3 Awaiting customer visit appointment: The fault clock will be suspended whilst the appointment is arranged between the customer and Plusnet and until the completion of the engineer visit.
2.7.4 No access to Customer premises at appointment slot: The fault clock will be suspended until a new appointment is made.
2.8 The response and resolution time is measured from the moment an online ticket reference is created, either by the Customer via the portal or by an analyst over the telephone.
2.9 The fault will be closed and the fault clock stopped once the customer informs Plusnet that the fault has been cleared or after 5 working days, whichever is the earlier.
2.10 The Plusnet Enhanced Care service provides guaranteed response and resolution service levels to Faults on the Business Broadband service provided by Plusnet.
2.11 If, 10 days after the Customer's service is up and running, the Customer is always getting broadband speeds slower than the estimated speed range Plusnet provided when the Customer signed up, Plusnet will try to improve the speed.
2.12 If the Customer is not receiving the broadband speed we estimated, Plusnet will try to improve the service the Customer is receiving. Plusnet may provide the Customer with instructions on checks the Customer must make in their premises. We may also arrange for an engineer to visit their premises, if required, to improve their service. If after the Customer has followed Plusnet's instructions to improve their speed, where:-
2.12.1 the Customer signed up, changed product or moved premises since 1 March 2019, and their speed is still regularly lower than the "Minimum Guaranteed Speed" we provided to the Customer; or
2.12.2 the Customer signed up, changed product or moved premises between 29th May 2017 and 28 February 2019, and their line speed is still regularly lower than the last "Minimum Guaranteed Access Line Speed" provided to the Customer; or
2.12.3 the Customer signed up before 29th May 2017, and has not changed their product or moved premises since then, or the Customer last changed their product or moved premises before 29th May 2017, and the line speed is still significantly lower than the last estimated speed range Plusnet provided to the Customer.
If the fault can't be resolved within at least 30 days,the Customer will be entitled to end our agreement for the service without paying any applicable early termination charges or cease fees. However, Plusnet will not refund the Customer for the use of the service during the period between the date Plusnet began providing services to the Customer and the end of our agreement.
2.13 This right is in addition to any other legal rights you may have to cancel our agreement.
2.14 The service levels apply exclusively to Plusnet Broadband (both fibre and non-fibre).
2.15 The service levels do not apply to other associated services including (but not limited to) email, webspace or any other additional service provided with Plusnet Broadband.
2.16 The service levels do not apply to any equipment connected to the circuit or Plusnet network irrespective of whether or not it has been supplied by Plusnet.
2.17 The Customer must register the fault either by calling the Plusnet Business Support helpdesk or by registering the fault using the Help Assistant. Plusnet do not accept fault reports via email or any other means.
2.18 The Customer will provide a nominated contact to which all fault updates will be communicated.
2.19 The Customer agrees to supply Plusnet with all necessary data to prove the existence of a fault and provide reasonable assistance to the Plusnet analyst in determining the cause and condition of the fault throughout the duration of the fault.
2.20 The Customer must be available to provide access to the affected site premises 24/7 in cases where an engineer visit is required to fix the fault.
2.21 The Plusnet Enhanced Care service level applies once the provision order has been completed and is activated on the account (this can take up to 5 working days). Only faults raised after this will be dealt with under the Enhanced Care service level.
2.22 A 30 day notification period for cancellations is required.
2.23 Where Plusnet fails to meet the service levels as set in paragraphs 2.3 to 2.10 of this Business Broadband service schedule Plusnet agrees to compensate the Customer with a maximum of £20 as a service credit. The service credit will be applied in the form of a credit against the advanced subscription fee for the Plusnet Broadband line affected.
2.24 Compensation is limited to the service credit. The Customer acknowledges that payment of service credit(s) is in full and final settlement for failure by Plusnet to achieve the service levels set out as set in this paragraph 2.3 to 2.10 of this Business Broadband service schedule, and is the Customer's sole remedy for such failure.
2.25 Any claims must be registered via the Help Assistant within 5 working days of Plusnet's notification that the fault has been resolved.
2.26 Service credits are limited to a maximum of one month's subscription fee in any calendar month regardless of the number of faults registered by the Customer in any calendar month.
2.27 The Customer can only make one claim against each fault.
2.28 Plusnet is under no obligation to guarantee service credits will be issued against every claim. Each claim will be assessed on a case by case basis.
2.29 Plusnet will use only Plusnet's performance and availability information in order to determine whether a fault, as defined in paragraph 2.5 of the Business Broadband service schedule above and subject to any exclusions set out in paragraph 2.30 of this Business Broadband service schedule below, has occurred. Plusnet's decision on this shall be final.
2.30 Claims will not be issued when a fault is caused by the following:
2.30.1 loss of Plusnet Broadband service resulting from scheduled maintenance that may affect service availability. Plusnet reserves the right to perform essential maintenance on its network that may affect service availability. Plusnet will make reasonable endeavours to notify the Customer of such maintenance via www.plus.net;
2.30.2 where the cause of a fault has been identified as being a malicious act or otherwise through the actions of either the Customer or another Plusnet user that is found to be in breach of the Acceptable Usage Policy (AUP), service schedule or Business General Terms;
2.30.3 if a fault was caused by the misuse or interference with the Plusnet supplied service which is beyond the control of Plusnet; or
2.30.4 if a fault was caused by data transmission originating from customer equipment.
2.31 The service levels apply to the Plusnet Business Broadband only.
Faults in the equipment
2.32 If, during the guarantee period, Plusnet is notified of a fault in the equipment which is due to faulty design, manufacture or materials, or the negligence of Plusnet, Plusnet will where necessary by arrangement with the Customer, replace or (at its option) repair the faulty part free of charge provided that:
2.32.1 the equipment has been properly kept, used and maintained in accordance with the manufacturer's or Plusnet's instructions, if any, and has not been modified except with Plusnet's written consent;
2.32.2 the fault is not due to accidental or wilful damage; interference with or maintenance of the equipment by persons other than Plusnet;
2.32.3 the fault is not due to faulty design by the Customer where the equipment has been manufactured to the Customer's design; or
2.32.4 the equipment has not been tampered with so as to invalidate the guarantee.
2.33 This guarantee does not cover fair wear and tear.
2.34 Where the equipment is installed by the Customer, the Customer will normally be required to return faulty equipment to Plusnet (where necessary, by arrangement with the Customer), unless Plusnet agrees otherwise in writing.
2.35 If the Customer reports a fault and Plusnet finds there is none or the fault falls outside paragraphs 2.32 and 2.33 of this Business Broadband service schedule, Plusnet may apply a charge as set out in the Charges schedule.
2.36 Plusnet does not warrant that software supplied under the contract will be free of faults or that its use will be uninterrupted, but Plusnet will remedy those defects which significantly impair performance (where necessary by arrangement with the Customer) within a reasonable time.
2.37 If Plusnet have arranged an engineer visit at a time pre-confirmed with the Customer, and the Customer is without service by reason of a fault with the service, or due to a delayed installation, the Customer may be entitled to claim back charges relating to the service which have accrued during the period when the service is unusable ('compensation') if Plusnet or our agents fail to keep that appointment with you. Any compensation will be calculated on a pro-rata basis in accordance with the Customer's subscription fees only.
2.38 Any compensation awarded relating to paragraph 2.37, will be payable solely as a credit against the Customer's next monthly invoice and in accordance with the following general terms:
2.38.1 the maximum compensation claimable for each line is £180 per annum;
2.38.2 compensation is payable entirely at Plusnet's discretion and will be given as a gesture of goodwill not as an admission of liability; and
2.38.3 Plusnet's liability for any fault in the service or delay in installation of the service shall be limited to the compensation. The Customer agrees that payment of any compensation shall be in full and final settlement of any loss or damage suffered by the Customer as a result of any failure to provide the service.
2.39 Compensation cannot be claimed in accordance with paragraph 2.37 of this Business Broadband service schedule in the following circumstances:
2.39.1 the Customer has not made a claim for compensation within 30 days of the delayed installation of the service or within 30 days of the fault being reported to Plusnet; or the failure is due to an outage which is not isolated to the Customer's line, for example network wide outage;
2.39.2 matters beyond Plusnet's reasonable control as stated in clause 9.2 of the Business General Terms;
2.39.3 Plusnet suspend the Customer's service in accordance with paragraph 6.4 of the Business General Terms or the Customer is in breach of any term of the agreement;
2.39.4 through no fault on Plusnet's part, Plusnet is unable to carry out any necessary work on the Customer's premises; Plusnet is unable to gain access to the Customer's premises; Plusnet is unable to agree an appointment date; the work is aborted; or Plusnet requires information or assistance from the Customer but is unable to gain this assistance or information; or
2.39.5 Plusnet re-arranges the engineer appointment prior to the agreed appointment time.