Introduction
1) Lanline agrees to supply fibre to the home (FTTH) and fibre to the business (FTTB) services to the Reseller or end customer under the terms and conditions outlined in this agreement.
2) Lanline will provide reliable and high-quality fibre optic infrastructure, equipment, and support necessary for customers.
3) Lanline commits to maintaining service integrity, network reliability, and timely technical assistance to Customers.
4) Both parties agree to cooperate in good faith to ensure efficient provision of services, adherence to industry standards, and compliance with applicable regulations. Both parties acknowledge the importance of open communication, transparency, and mutual respect in fostering a successful business relationship.
5) Lanline acknowledges that it is already in back-to-back service level agreements (SLAs) with third-party suppliers to fulfil its obligations under this agreement, including but not limited to, network infrastructure, maintenance, and technical support.
a) Lanline agrees to extend the terms and conditions of these existing back-to-back SLA agreements to the customer making use of the services provided by Lanline.
b) These SLAs ensure alignment with the service quality standards required by the Customer. Lanline warrants that the terms and conditions of these back-to-back agreements are following the SLAs specified in this agreement, or as separately negotiated with individually.
c) Lanline shall exercise due diligence in maintaining these agreements and ensuring the performance and adherence to SLAs as outlined in this agreement. Both parties agree to promptly notify each other of any changes or updates to the third-party services that may affect the provision of services under this agreement.
d) Any disputes or discrepancies arising from the performance of third-party services shall be resolved by the dispute resolution mechanisms outlined in this agreement.
Availability and Service Levels:
6) The supply of Fibre packages is contingent upon availability on the respective networks.
7) Service Level: The parties acknowledge that fibre services provided by Lanline are offered on a 'best effort' basis. The performance and availability of fibre services may be subject to various factors beyond Lanline's control, including but not limited to, network congestion, equipment failure, and external environmental conditions. Please note that while some services may come with Service Level Agreements (SLAs), FTTH (Fibre to the Home) will always be a “best effort” service.
a) Contention: The parties acknowledge that fibre services are subject to contention, wherein the available bandwidth may be shared among multiple users, leading to potential fluctuations in performance during peak usage times.
b) Lanline provides fibre services based on the contention levels of the Fibre Provider and acknowledges that the actual bandwidth available to the Client may vary depending on the level of contention at the time of use.
c) While Lanline endeavours to maintain optimal performance and mitigate contention issues to the best of its ability, the parties acknowledge that fluctuations in bandwidth and performance may occur. Lanline shall provide reasonable efforts to monitor and manage contention levels to ensure satisfactory service delivery.
d) However, the parties agree that Lanline shall not be held liable for any losses, disruptions, or performance issues arising from contention, as it is inherent to the nature of fibre services. Clients are encouraged to communicate any concerns regarding contention levels to Lanline, and both parties shall work collaboratively to address and resolve such issues within reasonable means. Furthermore, please note that we cannot guarantee any end-to-end speed between customers and remote servers, especially if they are not hosted within our network.
8) Unprotected Availability Service Level:
a) The FTTB Availability Service Level is 99% (ninety-nine percent).
b) Undertaken over and end-to-end single path connection from the customer site to the Lanline Network as per the work order.
9) Protected Availability Service Level:
a) The FTTB Availability Service Level is 99.5% (ninety-nine point five percent).
b) Undertaken over an end-to-end connection with some redundant components from the customer site, and a monitored site, to the Lanline Network as per the work order.
10) Premium Availability Service Level:
a) The FTTB Premium Availability Service Level is 99.9% (ninety-nine point nine percent).
b) Undertaken over an end-to-end connection with no single point of failure from the customer site, with dual redundancy throughout, to the Lanline Network as per the work order.
c) Only undertaken as a customer-specific solution with an accompanying transmission plan, solution architectural diagram, and technical scoping document.
11) All services are monitored proactively by the various service providers, and they will be the sole determinant of whether the service is available or not.
12) Every month shall be deemed to consist of 43.200 minutes and is measured thereon.
13) Service Unavailable shall not include:
a) Scheduled downtime.
b) Lanline Representatives (including those of the suppliers), not having access to the customer site or equipment.
c) Failure of local suppliers or the customer’s facility.
d) Power failures or fluctuations.
e) Resultant failures at the facility if the customer did not allow maintenance on the facility or equipment.
f) Outages or disruptions caused by the customer or users of the facility, link, or service.
g) Faults reported by the customer that Lanline and its suppliers cannot confirm their existence.
h) Interruptions caused by requested changes to the facility, link, or service.
i) Force Majeure Events.
14) Service Level Measurements, Credits, and Service Restoration Levels: All measurement methods and restoration service levels are calculated by the respective providers of the services and facilities. Lanline passes on back-to-back SLAs against each provider where applicable.
Commencement, Duration, and Cancellation:
15) The agreement shall come into operation, effective from, the Agreement Signature date.
16) The term of this Agreement for FTTB (Fibre to the Business) shall be a minimum of 12 months from the Commencement Date unless terminated earlier under the terms herein. Over and above the mentioned term, FTTH (Fibre to the Home) services are provided on a month-to-month basis. Upon expiration, this Agreement may be renewed for successive terms by mutual agreement of the Parties.
17) Early Cancellation Costs: The Client shall, be liable for all costs associated with the installation activation and testing of the Broadband service being terminated and substituted, including but not limited to hardware expenses and project management time.
18) FTTH Notice: For FTTH and month-to-month agreements, a written calendar month’s notice of cancellation will be required.
a) The Client will be liable for the Router and Installation costs if the installation is cancelled within 12 months of the installation date.
19) FTTB Notice: For FTTB installations, a written 3-month calendar notice will be required. The Client will be liable for the remainder of the contract on cancellations before contract completion.
20) Upon cancellation, all rental equipment must be returned to Lanline in the same condition it was received, or the Client will be charged at the current retail price for replacement of the same or similar hardware.
Availability and Pricing:
21) Availability: The availability of fibre products supplied by Lanline to the customer shall be contingent upon the availability of the said fibre products from the respective networks and suppliers utilized by Lanline. Lanline shall make commercially reasonable efforts to ensure the availability of fibre products but shall not be held liable for any unavailability resulting from circumstances beyond its control, including but not limited to supply chain disruptions, manufacturer shortages, or force majeure events.
22) Pricing: The pricing of fibre products supplied by Lanline to the customer shall be contingent upon the pricing determined by the various networks and suppliers utilized by Lanline. Lanline shall provide separate quotations for each fibre product category, specifying the pricing components influenced by the respective networks and suppliers. The Customer acknowledges that such pricing may vary based on market fluctuations, currency exchange rates, and changes in supplier pricing policies.
23) Adjustments: In the event of any changes in pricing or availability from the networks or suppliers, Lanline reserves the right to adjust the pricing and inform the Customer accordingly. The Customer agrees to accept such adjustments and acknowledges that Lanline shall not be liable for any resulting price discrepancies or fibre product unavailability.
24) Notification: Lanline shall provide prompt notification to the Customer of any changes in pricing or availability that may impact the fibre products supplied under this Agreement. The Customer agrees to promptly review and respond to such notifications to ensure continuity of supply and pricing stability.
25) Good Faith Efforts: Both parties agree to act in good faith and cooperate to mitigate any issues related to the pricing and availability of fibre products, including exploring alternative sourcing options or negotiating with networks and suppliers to secure favourable terms.
26) Confidentiality: The Customer agrees to treat all pricing and availability information provided by Lanline regarding fibre products as confidential and shall not disclose such information to third parties without prior written consent from Lanline, except as required by law.
27) The Once Off Fee comprises the network installation fee, the shipping cost of the router to the customer, and an administration charge for processing the order with the relevant network.
Equipment and Installations:
28) Customer Premises Equipment (CPE): Unless otherwise specified in writing, this Agreement does not include the provision of Customer Premises Equipment (CPE). The Customer acknowledges that the installation and maintenance of CPE, including but not limited to routers, modems, and any related hardware, are the responsibility of the end customer and Reseller.
29) Installation Timelines:
a) Installation times for the service may vary depending on the specific product, fibre provider, and location. We cannot provide a fixed timeline as it is subject to factors such as Municipal Wayleaves and the availability of resources. The duration of installation may differ for each product and provider, and while we strive to complete installations as promptly as possible, we cannot guarantee an exact timeframe.
30) Free Fibre Router:
a) A Fibre may be provided at no additional cost with select Fibre to the Home/Business offerings, subject to availability and the terms of the specific agreement. The availability of free-to-use routers varies depending on the services and products offered. Please refer to the terms of your agreement for more information.
b) If the agreement is terminated early, the cost of the router will be recovered from the customer.
31) Installation Exclusions: Lanline shall not be responsible for the installation of fibre optic lines within the premises of the end customer. The Reseller acknowledges that the installation of fibre optic lines shall be coordinated separately by the network providers, in compliance with local regulations and industry standards. Lanline shall not be involved directly in the installation process, and any costs or liabilities associated with the installation, including but not limited to permits, labour, and materials, shall be the responsibility of the network providers or the end customer.
a) Furthermore, Lanline shall not be liable for indoor transfers or relocation fees resulting from incorrect location installation, as per the signed-off agreement, or if the fibre engineer installs the fibre optic lines in a location, not per the agreed-upon specifications. Any costs or fees associated with indoor transfers or relocations shall be the sole responsibility of the Reseller or the end customer.
32) Indemnification: The customer agrees to indemnify and hold Lanline harmless against any claims, damages, or liabilities arising from the installation, use, or maintenance of CPE and fibre optic infrastructure, including but not limited to claims related to property damage, personal injury, or violation of regulatory requirements.
33) Compliance: The Customer shall ensure that the installation and use of CPE and fibre optic infrastructure comply with all applicable laws, regulations, and industry standards, including but not limited to safety regulations, building codes, and telecommunications regulations.
34) Limitation of Liability: Lanline shall not be liable for any damages, losses, or expenses arising from the installation, use, or maintenance of CPE and fibre optic infrastructure, including but not limited to any delays, disruptions, or failures in service resulting from such activities.
Payment Terms:
35) Activation Date and Initial Charges: Billing will commence on the Activation Date unless otherwise agreed upon in the Application Form or Product Terms. Lanline may bill you for non-subscription charges such as setup fees, hardware costs, or installation fees before the Activation Date.
36) Payment Obligation: You agree to pay all amounts due under the Agreement per the Application Form or Product Terms for the services or products provided by Lanline.
37) Payment Method and Terms: All amounts due under the Agreement shall be paid in advance without deduction or set-off. Payment shall be made via direct debit order from your nominated bank account or by another method determined by Lanline. You authorize Lanline to draw all payable amounts from your specified account in advance of service provision.
38) Debit Order Authorization: Unless otherwise agreed, the debit order authorization will commence on the Activation Date and will continue until the Agreement termination or until all amounts owed to Lanline are fully paid. Initially, the debit order will collect any pro-rata subscription charges due in advance, setup or hardware charges, and subsequent monthly charges.
39) Partial Month Billing: Depending on the Activation Date, your first bill may cover part of a month. Charges may include the remaining days of the month or the full month, based on the product or Product Terms.
40) Non-Payment Consequences: Failure to pay any amount by the due date may result in debt collection efforts, suspension of service access, or termination of the Agreement by Lanline.
41) Service Suspension Charges: If service access is suspended, Lanline reserves the right to continue charging minimum fees to maintain your account activation during the suspension period.
42) Amendment of Terms and Charges: Lanline may amend terms, fees, or charges with 30 days’ notice. However, if circumstances prevent timely notice, Lanline will notify you within a reasonable period, and the amendment will take effect as indicated in the notice.
43) Collection Costs: You are responsible for additional expenditure incurred by Lanline for tracing and collecting unpaid amounts, as permitted by law.