DATA SERVICES

International Private Leased Circuits

PART E (Item 501)

  1. Service Description
    1. This Part is subject to the terms and provisions of Item 500 of this Tariff.
    2. International Private Leased Circuits ("IPLCs") are dedicated, fixed, point-to-point, digital transmission channels between C&W’s premises and a virtual mid-point outside the Cayman Islands.
    3. Upon request C&W can act as the Customer’s Agent in providing full IPLC service. C&W has no price control on the far-end overseas portion of this service.
    4. IPLCs can carry data, digitalized voice, video or any other form of digital transmission, at Bandwidths from 56 kbps to 45 Mbps.
    5. Rates and charges and available standard Bandwidths are set out in sub-item 501.3.
    6. Initial Terms available for IPLC Services: for contracts signed prior to December 16, 2004 it is month-to-month, 1 year, 3 years or 5 years; for contracts signed on or after December 16, 2004, it is month-tomonth with a six month minimum, 1 year, 2 years or 3 years.
  2. Definitions

    “Available”means, for the purposes of sub-Item 501.4, transmission of signals over the Circuit can occur in one or both directions.

    “Circuit Availability Percentage”or “CAP” is the figure determined using the following formula: CAP(%)=$$(Total number of minutes in the period during which the service is Available./Total number of minutes in the period)*100

    “Customer Time ” means the time identified on the Fault Log (if any) attributable to or caused by, through no fault of C&W, the following:
    (a) incorrect or incomplete callout information provided by Customer which prevents C&W from completing the trouble diagnosis and service restoration; (b) C&W being denied access to network components at the Customer location when access is required to complete trouble shooting, repair, diagnosis, or acceptance testing; (c) Customer's failure or refusal to release the circuit for testing; (d) C&W calling Customer to close a Fault Log, but Customer being unavailable, or C&W being unable to verify service restoration with a Customer, or (e) any other act or omission on the part of Customer

    “Emergency Maintenance ”means maintenance work that needs to be carried out immediately due to the impact or potential impact to Services.

    “Time-To-Repair” or “TTR” means, for the purposes of sub-Item 501.4, the period of time beginning when either C&W opens a Fault Log or Customer opens a Fault Log by calling the Customer Service Contact Centre Toll Free Number and ending when C&W closes the Fault Log with the Customer.

    “Network” means, for the purposes of this Tariff Item 501, the combination of C&W-operated equipment, servers, circuits, and other data transmission facilities comprising C&W’s international data network, excluding local loop and related equipment.

    “Performance Objectives” means the Service Provisioning Intervals, the Time-To-Repair and the Circuit Availability service performance objectives described in sub-Item 501.4.

    “Planned Maintenance” includes work necessary to maintain or upgrade the Network that affects, or has the potential to affect, the Service or its underlying transport or their quality of service, and excludes Emergency Maintenance.

    “Unavailability” means the number of minutes that the IPLC was not Available to the Customer, measured from the time the outage was initially reported to C&W by the Customer and was logged by the Customer Service Contact Centre (“Fault Report / Query”) to the time C&W determines the Service was again Available.

  3. Terms and Conditions
    1. For contracts signed prior to December 16, 2004, the provision of IPLCs is subject to an Initial Term of one, three, or five years, or on a month-to-month basis. After the Initial Term, C&W will continue to provide IPLC Services on a month-to-month basis, at undiscounted prices, until terminated by either party giving not less than one month's prior written notice to the other.
      1. 1.1) For new customers signing contracts on or after December 16, 2004, the provision of IPLCs is subject to an Initial Term of one, two, or three years, or on a month-to-month (with a six month minimum term) basis. After the Initial Term, C&W will continue to provide IPLC Services on a month-to-month basis unless the Customer provides C&W not less than 30 days prior written notice that it does not wish to renew, or unless the Customer accepts another one, two, or three year term.

        Existing customers who had C&W IPLC service prior to December 16, 2004 are subject to the following transitional arrangements: Existing customers must re-contract at month-to-month, 1, 2 or 3 year terms in order to take advantage of the new rates. Customers who have had IPLC service for six months or more and do not upgrade or downgrade their service, can re-contract at the monthto-month term, without the 6 month minimum term. Customers who have had IPLC service for fewer than six months or decide to upgrade or downgrade their service, can re-contract at the month-tomonth term, subject to the 6 month minimum.

    2. C&W's performance of its obligations shall be limited to the provision of facilities between C&W's premises and a virtual midpoint which, when combined with the facilities of an International Carrier, will establish a communications path between C&W's premises and the Overseas country with which the Customer is concerned. A Domestic Private Leased Circuit, as described in Item 502 of this Part E and ordered separately, is required to extend this service from C&W’s premises to the Customer’s Service Address.
    3. The Customer shall be responsible for making any necessary application for facilities to such foreign administrations and/or International Carrier and payment of its charges. C&W undertakes no liability to the Customer for the acts or omissions of such foreign administration and/or other company for faults in or failures of their apparatus.
    4. C&W does not guarantee that Circuits with Bandwidths higher than 2 Mbps (2048 kbps) can be provisioned from all locations in the Cayman Islands or to all Overseas countries of destination.
    5. The Customer undertakes not to use the IPLCs:
      1. to resell in whole or in part to third parties on a commercial or any other basis;
      2. to resell public traffic;
      3. to refile traffic from one country to another; or
      4. to resell part or all of any leased circuit capacity.
    6. C&W shall determine in its sole discretion the facilities, Equipment and Network to be used to provide IPLC Service. Where the Customer requests, and C&W agrees to, the use of specific facilities, Equipment or Network for provision of the Service, the rates and charges set out in sub-Item 501.5 below do not necessarily apply, and C&W reserves the right to charge a different rate. C&W does not guarantee ICTA approval of that rate.
    7. The applicable early termination fees on new contracts are as follows:
      TermTermination Terms
      Month-to-month
      1. Customer commits to a 6 month minimum purchase, after which there is NO early termination fee.
      1 Year
      1. 50% of remaining contract value
      2 Year
      1. For termination in first year, 50% of remaining value of first year plus 25% of remaining value of second year;
      2. For termination in second year, 25% of remaining value.
      3 Year
      1. For termination in first year, 50% of remaining value of first year, plus 25% of remaining value of second year, plus 15% of remaining value of third year;
      2. For termination in second year, 25% of remaining value plus 15% of remaining value of third year
      3. For termination in third year, 15% of remaining value
  4. Service Level Agreements
    1. Except as set out below, no compensation will be due to the Customer for failure to meet any of the Performance Objectives.
    2. Faults can be reported to C&W 24 hours a day, 365 days a year. The maximum response time is 1 Working Day. The maximum repair time is 3 Working Days.
    3. Both C&W and the Customer shall use reasonable endeavours to provide at least seven (7) working days’ notice to the other where they are planning to carry out Planned Maintenance activities, and as much advance notice as the situation permits of Emergency Maintenance. Any planned outage due to Planned Maintenance shall not be included in fault or circuit availability measurements.
    4. In the event of any fault(s) reported by the Customer, C&W shall, for the purpose of maintenance, test the circuit(s) concerned. This testing shall be conducted, for the segment in which the fault had been detected, in blocks of fifteen (15) minutes to verify the Performance Objectives or in order to determine the cause of the fault and to rectify it in accordance with the Performance Objectives.
    5. Service Provisioning Intervals. Where service has been determined to be available, C&W will use commercially reasonable efforts to deliver Services in the following timeframes. Due to the nature of the variables associated with delivery of such Services, no compensation to the Customer will be offered if these timelines are not met, except as outlined below.
      1. New Service for Group 1: Services for Group 1 shall be provided within 14 calendar days of Order Acceptance
      2. New Service to Continental United States:In the ordinary case, new Services will be provided within twenty-one (21) working days from Order Acceptance. If C&W does not meet this timeline, upon Customer’s request within two (2) calendar months of installation, C&W will grant the Customer a credit equivalent to the Installation Fee. Where additional physical resources are required to implement service, the 21-day period will begin once those resources have been installed and tested, and are ready for service.
      3. All Other New Services: Services for all other Groups and countries are usually provided with 42 calendar days of Order Acceptance. This may vary due to constraints of other International Carriers or Domestic Carriers involved in building the circuit
    6. Inability to meet the Service provisioning interval timeframes set out in the preceding paragraph will not give cause for Customer compensation if the inability is a result of:
      1. lack of access of Customer Premises to C&W at any given time during the installation period, upon twenty-four (24) hours’ notice, as a result of a lack of co-operation by Customer, its landlord or other outside parties;
      2. unsuccessful site survey including, but not limited to, need for provisioning of additional facilities and/or delays caused by third parties;
      3. improper operation of Customer equipment, facilities or applications; or
      4. acts of God, civil disorder, natural cataclysm or other occurrences beyond the reasonable control of C&W.
    7. C&W will endeavour to provide the Customer with reasonable advance notice of the date and time of Circuit testing (which shall take place during normal working hours) so that the Customer shall have the right, but not the obligation, to have a person or persons present to observe the tests.
    8. When C&W notifies the Customer of the final test results, the Customer shall provide C&W with a written notice accepting such Circuit or rejecting such test results. If the Customer fails to notify C&W of its acceptance or rejection of the final test results for the tested Circuit within five (5) business days after receipt of notice of such test results, the Customer shall be deemed conclusively to have accepted the IPLC.
    9. If the final test results show that a portion or all of the Circuit is not operating within the parameters of the specifications, C&W shall take such action as shall be commercially reasonably necessary, to bring the operating standards of such Circuit within the parameters of the specifications.
    10. Circuit Availability. C&W will use reasonable endeavours to ensure that the target CAP for each IPLC will equal or be greater than 99.90% of each month, based on a thirty-day month.
    11. If C&W determines Unavailability exceeded 43 minutes and 12 seconds during any calendar month, C&W, upon the Customer's request, will credit the Customer's monthly invoice the percentage of the monthly Charge for the affected IPLC as set out in the following table, up to a maximum of seven (7) days’ credit per calendar month. Customer must contact C&W’s Customer Service Contact Centre within two (2) calendar months of the last day of trouble for which credit is requested with original Fault Report / Query number in order to receive the credit.
      Circuit AvailabilityCredit (% of monthly Charge)
      99.89% to 99.80%5%
      99.79% to 99.60%10%
      < 99.59%15%
    12. Unavailability will not include any Unavailability resulting from:
      1. Planned Maintenance or other scheduled Network maintenance that was notified to the Customer,
      2. outages due to scheduled preventative maintenance procedures conducted upon reasonable notice to Customer,
      3. outages on a network or system other than C&W’s Network in the Cayman Islands, the MAYA-1 submarine cable system or the CJFS submarine cable system,
      4. an external party or faults in the network of an external party,
      5. . acts or omissions of Customer or an authorized user,
      6. improper operation of Customer equipment, facilities or applications,
      7. transient service degradation of short duration which are cleared before any repair action can be taken or
      8. acts of God, civil disorder, natural cataclysm or other occurrences beyond the reasonable control of C&W.
    13. Time to Repair: Time to Repair service for the DPLC and related equipment associated with the IPLC covered by the Performance Objectives in this sub-item 501.4 will be no greater than four (4) working hours per incident from the time the Fault Report / Query is first initiated by the Customer. If C&W deems that service Unavailability is a result of a problem within its control, upon request by the Customer, C&W will credit the Customer's monthly invoice the prorated charges of one (1) day of the C&W Monthly Charges for every working hour the service has not been repaired above the four (4) working hour acceptable period, up to a maximum of seven (7) days credit per month, from the time the trouble report(s) has (have) been logged by the Customer Service Contact Centre.
    14. Upon confirmation by C&W that the Time to Repair of a Customer’s service exceeded four (4) working hours, the Customer must contact C&W’s Customer Service Contact Centre with original Fault Report / Query number within two (2) calendar months of the last day of fault for which the credit is requested in order to receive the credit.
    15. Notwithstanding the above, the following service outages will not be included in the calculation of Time to Repair:
      1. Any interruption of service previously notified to the Customer by C&W as part of scheduled maintenance, reconfiguration or testing activities;
      2. Any outage resulting from the Customer’s fault, negligence or not meeting its obligations under this Agreement;
      3. Any Service suspension in accordance with the terms of this Agreement;
      4. Any outage the cause for which C&W is not liable in accordance with the terms of this Agreement; and
      5. Any outage deemed to be a result of equipment or applications not owned or controlled by C&W.
    16. Inability to meet this Time to Repair timeframe will not give cause for Customer compensation if inability is a result of:
      1. lack of access of Customer Premises to C&W at any given time during the fault period as a result of a lack of co-operation by Customer, its landlord or other outside parties,
      2. improper operation of Customer equipment, facilities or applications, or other equipment or applications not owned or controlled by C&W
      3. acts of God, civil disorder, natural cataclysm or other occurrences beyond the reasonable control of C&W. Outside of normal working hours C&W will use reasonable efforts to repair a fault within eight working hours, but will not provide compensation for any failure to meet this objective.
    17. All Circuit Availability and TTR measurements do not include periods of service interruption resulting in whole or in part from one or more of the following causes:
      1. Customer Time.
      2. Failure of the Customer's applications, equipment, or facilities including any third party equipment other than equipment furnished by C&W as part of the Service.
      3. C&W- or Customer- Planned Maintenance or other scheduled maintenance.
      4. Interruptions not reported by the Customer, or for which no Fault Log was opened.
      5. Force Majeure.
      6. Service Outages attributable to the installation of a new circuit
      7. Interruptions due to the failure of power, equipment, systems or service provided by a carrier other than C&W or any other service not provided or arranged for by C&W.
      8. . Faults due to a failure in the domestic links of the Circuit(s) to the Customer’s premise equipment at the distant end not provided or arranged for by C&W.
    18. Notwithstanding anything else to the contrary in this Item 501, the maximum credit payable to the Customer for failure to achieve any or all of the Performance Objectives under this sub-Item 501.4 for any given IPLC shall be one-half (1/2) of the monthly rental Charges for the affected Circuit.
  5. Rates and Charges

    The following rates and charges apply in CI$ for contracts signed prior to December 16th 2004 (d)

    Circuit (b)Install FeeMonthly Fee (a)
    Band 1Band 2Band 3Band 4
    IPLC: 56 kbps$410.00$764.00$3,200.00$2,500.00$6,700.00
    IPLC: 64 kbps$410.00$764.00$3,200.00$2,500.00$6,700.00
    IPLC: 128 kbps$410.00$1,800.00$4,297.00$4,587.00$9,740.00
    IPLC: 192 kbps$410.00$1,679.00$5,972.00$6,376.00$13,539.00
    IPLC: 256 kbps$410.00$2,092.00$12,800.00$7,906.00$16,788.00
    IPLC: 320 kbps$410.00$2,429.00$8,639.00$9,224.00$19,585.00
    IPLC: 384 kbps$410.00$2,729.00$9,708.00$10,365.00$22,007.00
    IPLC: 512 kbps$410.00$3,221.00$11,458.00$12,232.00$25,973.00
    IPLC: 768 kbps$410.00$3,916.00$13,928.00$14,869.00$31,573.00
    IPLC: 1024 kbps$410.00$4,405.00$15,668.00$16,727.00$35,517.00
    IPLC: 1544 kbps$410.00$5,388.00$19,166.00$19,916.00$43,447.00
    IPLC: 2048 kbps$410.00$6,923.00$24,625.00$26,582.00$53,600.00
    Countries of DestinationJamaica
    1. Bahamas
    2. Bermuda
    3. Puerto
    4. Rico
    1. USA
    2. Canada
    3. Brazil
    UK
    1. These rates apply to month-to-month contracts. C&W offers term discounts of 5%, 10% and 15% for 1, 3 and 5-year contracts respectively on Monthly Fee.
    2. The Domestic Private Leased Circuit between the C&W premises and the Customer’s Service Address is charged separately. See Item 502 of this Tariff
    3. Other destinations may be quoted upon request. C&W does not guarantee availability of service in any other location and does not guarantee ICTA approval of the associated charge.
    4. Not available to new customers
    Monthly Rental Local currencyDestination Price Grouping
    SpeedGroup 1Group 2Group 3Group 4Group 5Group 6Group 7
    IPLC: 56/64Kbps7641,1001,1001,3201,3201,6501,650
    IPLC: 128Kbps1,8001,5001,5001,8001,8002,2502,250
    IPLC: 256Kbps2,0822,2502,2502,7002,7003,3753,375
    IPLC: 512Kbps3,2213,8003,8004,5604,5605,7005,700
    IPLC: 1024Kbps4,4055,1005,1006,1206,1207,6507,650
    IPLC: 1544Kbps5,3885,3005,3006,3606,3607,9507,950
    IPLC: 2048Kbps6,9236,3006,3007,5607,5609,4509,450
    IPLC: 3 Mbps7,5007,6007,6009,1209,12011,40011,400
    IPLC: 4 Mbps8,4008,7508,75010,50010,50013,12513,125
    IPLC: 5 Mbps9,1009,0009,00010,80010,80013,50013,500
    IPLC: 6 Mbps9,92510,00010,00012,00012,00015,00015,000
    IPLC: 7 Mbps10,45010,75010,75012,90012,90016,12516,125
    IPLC: 8 Mbps11,00011,45011,45013,74013,74017,17517,175
    IPLC: 9 Mbps11,52511,80011,80014,16014,16017,70017,700
    IPLC: 10 Mbps12,00012,25012,25014,70014,70018,37518,375
    IPLC: 15 Mbps16,75017,50017,50021,00021,00026,25026,250
    IPLC: 20 Mbps21,40022,50022,50027,00027,00033,75033,750
    IPLC: 25 Mbps26,70027,15027,15032,58032,58040,72540,725
    IPLC: 30 Mbps30,85031,65031,65037,98037,98047,47547,475
    IPLC: 35 Mbps34,80035,70035,70042,84042,84053,55053,550
    IPLC: 40 Mbps37,80038,00038,00045,60045,60057,00057,000
    IPLC: 45 Mbps39,50040,00040,00048,00048,00060,00060,000
    Countries of DestinationJamaicaUSA
    Canada
    CaribbeanU.K.
    Brazil
    EuropeAlaska
    Hawaii
    Hong Kong
    Japan
    Singapore
    Rest of World

    Notes:

    1. These rates apply to month-to-month contracts. C&W offers term discounts of 5%, 10% and 15% for 1, 2 and 3-year contracts respectively on Monthly Fee.
    2. The Domestic Private Leased Circuit between the C&W premises and the Customer’s Service Address is charged separately. See Item 502 of this Tariff.
    3. The rates for Group 7 are indicative. Provisioning for countries is done on a caseby-case basis. C&W does not guarantee availability of service in these locations and cannot guarantee ICTA approval of the associated charge.

    The following rates and charges apply in CI$ for contracts signed on or after 01 July, 2007:

    Monthly Rental Local currencyDestination Price Grouping
    SpeedInstall FeeGroup 1Group 2Group 3Group 4Group 5Group 6Group 7
    IPLC: 56/64Kbps$410$764750$1,100$1,320$1,320$1,650$1,650
    IPLC: 128Kbps$410$1,8001,050$1,500$1,800$1,800$2,250$2,250
    IPLC: 256Kbps$410$2,0821,125$2,250$2,700$2,700$3,375$3,375
    IPLC: 512Kbps$410$3,2211,325$3,800$4,560$4,560$5,700$5,700
    IPLC: 1024Kbps$410$4,4051,875$5,100$6,120$6,120$7,650$7,650
    IPLC: 1544Kbps$410$5,3882,075$5,300$6,360$6,360$7,950$7,950
    IPLC: 2048Kbps$410$6,9232,250$6,300$7,560$7,560$9,450$9,450
    IPLC: 3 Mbps$410$7,5003,150$7,600$9,120$9,120$11,400$11,400
    IPLC: 4 Mbps$410$8,4003,900$8,750$10,500$10,500$13,125$13,125
    IPLC: 5 Mbps$410$9,1004,700$9,000$10,800$10,800$13,500$13,500
    IPLC: 6 Mbps$410$9,9255,400$10,000$12,000$12,000$15,000$15,000
    IPLC: 7 Mbps$410$10,4506,075$10,750$12,900$12,900$16,125$16,125
    IPLC: 8 Mbps$410$11,0006,600$11,450$13,740$13,740$17,175$17,175
    IPLC: 9 Mbps$410$11,5257,088$11,800$14,160$14,160$17,700$17,700
    IPLC: 10 Mbps$410$12,0007,500$12,250$14,700$14,700$18,375$18,375
    IPLC: 15 Mbps$410$16,75010,750$17,500$21,000$21,000$26,250$26,250
    IPLC: 20 Mbps$410$21,40013,500$22,500$27,000$27,000$33,750$33,750
    IPLC: 25 Mbps$410$26,70015,375$27,150$32,580$32,580$40,725$40,725
    IPLC: 30 Mbps$410$30,85016,875$31,650$37,980$37,980$47,475$47,475
    IPLC: 35 Mbps$410$34,80018,375$35,700$42,840$42,840$53,550$53,550
    IPLC: 40 Mbps$410$37,800$37,800$38,000$45,600$45,600$45,600$57,000
    IPLC: 45 Mbps$410$39,500 21,000$40,000$48,000$48,000$60,000$60,000
    Countries of DestinationJamaicaUSA
    Canada
    CaribbeanU.K
    Brazil
    EuropeAlaska
    Hawaii
    Hong Kong
    Japan
    Singapore
    Rest of World

    Notes:

    1. These rates apply to month-to-month contracts. C&W offers term discounts of 5%, 10% and 15% for 1, 2 and 3-year contracts respectively on Monthly Fee. Additional volume discounts of 5%, 10% and 15% are available to Customers who sign 1, 2 and 3-year contracts, respectively, for two or more 45 Mbps DS-3s at the same time.
    2. The Domestic Private Leased Circuit between the C&W premises and the Customer’s Service Address is charged separately. See Item 502 of this Tariff
    3. The rates for Group 7 are indicative. Provisioning for countries is done on a caseby-case basis. C&W does not guarantee availability of service in these locations and cannot guarantee ICTA approval of the associated charge.