Product Description

From 20th March 2006, Flat Rate 100M Flex is no longer available for new supply. Quotes for new Distance Based Ethernet services are available via your Account Manager.

IP Clear 100Mbit/s Flex serves as an access variant to IP Clear. IP Clear is a wide area Internet Protocol Virtual Private Network (IP VPN) service for the UK market, designed to service Customers who require connectivity between branches, data centres and operational sites throughout the UK.

For those customers with a Flat Rate 100M Flex service, upgrades will continue to be allowed and charged at the rates published in this section.

Migration from Flat Rate to Distance Based charging is allowed but certain Terms and Conditions apply. For details of these Conditions please view the IP Clear website;

http://globalservices.intra.bt.com/products/ipclear/

Additional Information

As an access variant of IP Clear, the following characteristics also apply to IP Clear 100Mbit/s Flex:

IP Clear 100Mbit/s Flex is an unbundled product. A Router is required to complete the solution. This item must be purchased separately, the IP Clear Suppliers Information Notice for IP Clear give details of suitable interface presentation types.

IP Clear 100Mbit/s Flex is available on a range of Contract terms as described as part of the Unified Discount Scheme (UDS).

IP Clear 100Mbit/s Flex offers bandwidth speeds between 4Mbit/s and 100Mbit/s. The full list of speeds available is listed below in this sub-part.

IP Clear 100Mbit/s Flex provides any-to-any connectivity for IP traffic via a Customer defined Virtual Private Network (VPN). A Customer may have one or more VPNs within their IP Service, with `any to any' connectivity available between all connections into the VPN.

Customers will be able to connect an IP Clear 100Mbit/s Flex Site with an existing IP Clear Site directly, via the MPLS enviroment and to existing FrameStream and CellStream Sites, via an IP-Enabled PVC. The Customer will also have the option of dial access into their VPN, these are as standard IP Clear options.

Customers must be within the following distances of a Service Point:

Standard connection: Within 25km radial distance of a Service Point.

Secure connection: Within 25km radial distance of a Service Point.

Secure Plus connection: Within 25km radial distance of a Service Point.

Any Customer in excess of these distances will generally not be eligible for the Service, although all deliveries are subject to to survey after service. It is recommended that one of the following Products be used as an alternative: Other IP Clear Connections, IP Enabled Cell Stream.

The level of ServiceCareService is Total Care, see Price List,is SectionTotal Part or refer to the following internet address: http://www.bt.com/pricing/current/Maintenance_boo/0201_d0e1.htm#0201-d0e1Care.

Total Care

Customers may report faults twenty-four hours per day seven days per week including all national, public and bank holidays. BT will aim to respond to a fault report within 4 working hours. Any work that is carried out outside of these hours at the Customer's request will attract an additional charge. BT will aim to clear the fault within 5 hours of receipt excluding periods which fall within excluded holidays and periods outside service operating hours.

Description of Charges

The pricing for IP Clear 100Mbit/s Flex comprises:

• -An access connection (`Connection Charge') - IP Clear 100Mbit/s Flex is supplied with a 100Mbit/s access bearer as standard, however, at the time of the initial deployment the Customer must specify a given bandwidth rate for each Site, which the Service will be limited to. It is expected that IP Clear 100Mbit/s Flex will be selected for Sites where bandwidth requirement are expected to grow.
• -An annual access rental charge (`Annual Rental Charge') - The Customer must remain on the initial bandwidth for the Minimum Period of the Access Connection. However, the Customer may upgrade the bandwidth within the minimum period without incurring any Connection or Termination charges. During normal operations, the Customer can only transmit up to the pre-determined access limit for each Site. The pricing for an increase in bandwidth will incur the equivalent Annual Rental Charge for the higher rate. That is, a Customer Site at any contracted rate can boost their bandwidth for a minimum period of 30 days, for the equivalent charge of 30/365 of the Annual Rental at the higher rate. No further Connection Charge or one-off charge will be applied. The change will be considered as permanent and the increased Annual Rental Charge will subsequently be applied for that Access Connection. The Customer must place a re-grade order if the Customer wishes to revert to the original bandwidth or for further changes.

And

• -An annual access rental charge (`Annual Rental Charge') - The Customer must remain on the initial bandwidth for the Minimum Period of the Access Connection. However, the Customer may upgrade the bandwidth within the minimum period without incurring any Connection or Termination charges. During normal operations, the Customer can only transmit up to the pre-determined access limit for each Site. The pricing for an increase in bandwidth will incur the equivalent Annual Rental Charge for the higher rate. That is, a Customer Site at any contracted rate can boost their bandwidth for a minimum period of 30 days, for the equivalent charge of 30/365 of the Annual Rental at the higher rate. No further Connection Charge or one-off charge will be applied. The change will be considered as permanent and the increased Annual Rental Charge will subsequently be applied for that Access Connection. The Customer must place a re-grade order if the Customer wishes to revert to the original bandwidth or for further changes.

Site Connection and Annual Rentals

Connection Charges

Connections to a single VPN is included within the Connection Charge. Charges for additional VPN Connections are listed in `VPN Service Charges'.

Annual Rental Charges

Lead Times

The standard lead time for delivery of IP Clear 100Mbit/s Flex access is 65 Working days.

Orders of more than 5 Access Connections at once have to be arranged as a project and standard lead times do not apply.

Customer orders for IP Clear 100Mbit/s Flex will be taken as a project and managed accordingly with BT and the Customer working together to formulate a suitable roll-out plan. Order placement can then be staggered according to the plan and Contractual Delivery Dates will apply (using the standard lead times of Access Connections) unless a specific extension is agreed in writing with the Customer.

Bandwidth Charges

All Customers may make a bandwidth re-grade during Working Days (8am-5pm, Monday-Friday, excluding Bank and Public Holidays). Bandwidth re-grade requests made during a Working Day will be completed within 5 Working Days of the request being placed. A maximum of 5 Flex requests per Customer will be accepted during each Working Day.

A Customer may Flex bandwidth to a limit of a 10Mbit/s increment for a single request.

A Customer request for a bandwidth re-grade of more than 10Mbit/s will be treated as a Project and will not be subject to the Standard lead times for a Flex. BT will consider the capacity available and negotiate a mutually acceptable date for completion with the Customer.

Access Connection Regrade Charges

A Customer may re-grade between IP Clear 100Mbit/s Flex and any other IP Clear Access Connection option.

A Customer may re-grade between Standard, Secure and Secure Plus resilience options on the IP Clear 100Mbit/s Flex service.

Upgrades

Upgrades may be requested at any time and rentals will be re-calculated following the upgrade.

Upgrades are deemed to be the change of IP Clear 100Mbit/s Flex service to a higher Access Connection bandwidth or a change in resilience to a higher Access Connection price.

Upgrades include IP Clear Gigabit Ethernet Macronet, provided the Customer can meet the eligibility criteria set out in the IP Clear Gigabit Ethernet Macronet Price List Entry.

The upgrade charge will be the difference in prevailing Connection Charges between the Access Connection being upgraded to and the Access Connection being upgraded from.

A Customer may only offset the connection Charge of one existing IP Clear connection per site. For example, a Customer currently using two fixed 2Mbit/s connections, and who wishes to upgrade to a single IP Clear 100Mbit/s Flex, will only receive a discount of £3500 (Exc.VAT) (The price of a single 2Mbit/s connection) rather than £7000 (Exc. VAT) (The price of two 2Mbit/s connections).

A re-grade from IP Clear 100Mbit/s Flex to any of the 34Mbit/s options is considered a Downgrade.

Downgrades

It is not possible to downgrade an Access Connection option during the first 12 months after installation.

Downgrades are deemed to be the change of IP Clear service from a higher to a lower bandwidth Access Connection or a change in resilience to a lower Access Connection price.

Downgrades are priced at the full Connection Charge for the service and the Annual Rental will be adjusted accordingly to reflect the change in Access Connection.

Shift Charges

Please refer to the Sub-Part titled `BT Ignite IP Clear Pricing' within this part of the BT Price List for full details, or follow the link to the Internet address:

http://www.bt.com/pricing/current/VPN_Services_boo/1409_d0e4540.htm#1409-d0e4540

Ancillary Charges

Please refer to BT Price List, Section 45 Part for full details, or follow the link to the internet address:

http://www.bt.com/pricing/current/Excess_Construction_boo/1319_d0e1.htm#1319-d0e1

Cancellation Charges

The delivery of an Access Connection is timed to meet a Contractual Delivery Date (CDD). The Cancellation Charges raised reflect the amount of work undertaken and are calculated according to the number of Working Days between the date of the Customer requests cancellation and the CDD.

The Cancellation Charge is expressed as a percentage of the appropriate Access Connection Charge.

Customers should note that, once delivered, Access Connections have a standard 12 month minimum term for which rental will be due.

The Customer must give notice of cancellation in writing.

Access Connections Provided Within 65 Working Days of the date the order is received by BT (`Date of Order')

Cancellation charges will not be raised if the Customer cancels an order: - more than 60 Working Days before the CDD for products with a lead-time within 65 Working Days of the Date of Order.

The full cost of all additional work, (e.g. duct) which is separately identified on the Customer Requirements Form (CRF) and which has been specifically incurred as a result of that order will be fully recovered. This is in addition to the Cancellation Charge.

If the Customer requests a change to the CDD and subsequently cancels the order, the Cancellation Charge will be calculated from the date that the Customer notified BT of the first amendment to the CDD and the original CDD.

Contract Options

Contract Term Options

The Contract Term is subject to a Minimum Period of 12 months.

Customers may opt to enter into a 1, 3, 4 or 5 year Contract Term option. Prevailing rentals will be discounted for the duration of the Contract Term according to the rates specified under the Unified Discount. Refer to Section 47 Part , for full details, or follow the link to the Internet address:

http://www.bt.com/pricing/current/VPN_Services_boo/1433_d0e1.htm#1433-d0e1

Refer to the Unified Discount Scheme for details on early termination charges.

Spread Connection Charges

Customers may opt to spread the Connection Charge over the term of the Contract, that is over 3, 4 or 5 years (`Spread Charges'). An interest rate will be applicable to the Spread Charges. The period over which instalments may be made for the Connection Charge must not exceed the remaining term of the Contract. For excample, it is not possible to spread the Connection Charge over a period of 5 years if there is only 4 years remaining on the Contract.

Service Level Guarantee Scheme (SLG)

IP Clear 100Mbit/s Flex is part of the VPN Service Level Guarantee Scheme, see Section 47 Part 2 Sub-Part `SERVICE LEVEL GUARANTEE (SLG) SCHEME'.

Terms and Conditions

Except as modified in this Sub-Part, the terms and conditions in Sub-Part titled `BT Ignite IP Clear Pricing' within this Part will apply.

In the United Kingdom, IP Clear is provided under the BT Conditions for Virtual Private Network Services.