demonstrating that any expenditure that has been avoided, for example which would have been required under the provisions of Clause 14 (Continuous Improvement), has been taken into account in amending the Call Off Contract Charges. Any change in the Call Off Contract Charges or relief from the Supplier's obligations resulting from a Specific Change in Law than as referred to in Clause 18.2.1(b)) shall be implemented in accordance with the Variation Procedure. DISTRESS This Clause 19 applies only where the Customer has stipulated such on the Order Form during a Call for Competition Procedure. The Parties shall comply with the provisions of Call Off Schedule 5 (Financial Distress) in relation to the assessment of the financial standing of the Supplier and the consequences of a change to that financial standing. PAYMENT, TAXATION AND VALUE FOR MONEY PROVISIONS OFF CONTRACT CHARGES AND PAYMENT Call Off Contract Charges In consideration of the Supplier carrying out its obligations under this Call Off Contract, including the provision of the Services, the Customer shall pay the undisputed Call Off Contract Charges in accordance with the pricing and payment profile and the invoicing procedure in Call Off Schedule 3 (Call Off Contract Charges, Payment and Invoicing). Except as otherwise provided, each shall each bear its own costs and expenses incurred in respect of compliance with its obligations under Clauses 8 (Testing) (if applicable), 17 (Records, Audit Access and Open Book Data), 30.6 (Freedom of Information), 30.7 (Protection of Personal Data). If the Customer fails to pay any undisputed Call Off Contract Charges properly invoiced under this Call Off Contract, the Supplier shall have the right to charge interest on the overdue amount at the applicable rate under the Late Payment of Commercial Debts (Interest) Act 1998, accruing on a daily basis from the due date up to the date of actual payment, whether before or after judgment. VAT The Call Off Contract Charges are stated exclusive of VAT, which shall be added at the prevailing rate as applicable and paid by the Customer following delivery of a Valid Invoice. The Supplier shall indemnify the Customer on a continuing basis against any liability, including any interest, penalties or costs incurred, which is levied, demanded or assessed on or from the Customer at any time (whether before or after the making of a demand pursuant to the
Service Instances are integrated with it Service Instances are integrated with it IDS Dedicated Service As a separate Service Instance Always n/a IDS Integrated Service As a separate Service Instance n/a Yes. Always integrated with an HSCN Connectivity Service In-Bound Internet Service As an optional capability on an HSCN Connectivity Service n/a Yes. It is deemed to be integrated with each Service Instance of an HSCN Connectivity Service which has a Yes against Inbound Internet in its specification. IPS Dedicated Service As a separate Service Instance Always n/a IPS Integrated Service As a separate Service Instance n/a Yes. Always integrated with an HSCN Connectivity Service Managed Firewall Service (integrated) As a separate Service Instance n/a Yes. Always integrated with an HSCN Connectivity Service Managed Firewall Service (standalone) As a separate Service Instance Always n/a Internet Service As an optional capability on an HSCN Connectivity Service n/a Always. It is deemed to be integrated with each Service Instance of an HSCN Connectivity Service which has a Yes against Outbound Internet in its specification. PSN Access Connectivity Service As a separate Service Instance It is a Standalone Service Instance where a PSN Access Connectivity Service is required which is separate to an HSCN Connectivity Service. It is deemed to be integrated with each Service Instance of an HSCN Connectivity Service which has a Yes against PSN VRF in its specification. Session Initiation Protocol Service As a separate Service Instance As appropriate based on the specific Customer requirements. As appropriate based on the specific Customer requirements. VPN Service (Standalone) As a separate Service Instance It is a Standalone Service Instance a VPN Service is required which is not associated with an HSCN Connectivity Service. n/a
ANNEX 3: ALLOWABLE ASSUMPTIONS [Guidance Note: Where Allowable Assumptions are included in the Supplier Call Off Solutions following a Call for Competition Procedure, insert details of these in the table below- where agreed] Column 1 Column 2 Column 3 Column 4 Column 5 Column 6 Column 7 Column 8 Column 9 Column 10 Column 11 Ref Description of proposed Allowable Assumption, including the Service Type to which it relates Impact on the Implementation Plan if the Allowable Assumption is not accurate Cost Impact (maxim um, minimum and most likely values if the Allowable Assumption is not accurate) Basis of Calculation of Cost Impact Applicable Profit Margin Charge Impact (maximum, minimum and most likely values if the Allowable Assumption is not accurate) Verification Method (how the Supplier will verify the Allowable Assumption) Trigger for Invocation (what will determine that the Implementation Plan may require adjustment for the Allowable Assumption) Period of Impact (period that the updated assumption will have an impact) Expiry Date (Date at which the Allowable Assumption expires)
1 TO PART A: SERVICE LEVELS AND SERVICE LEVEL MEASUREMENT This Annex 1 to Part A sets out the Service Levels in paragraph 1 and the Service Level measurements in paragraph 2. SERVICE LEVELS HSCN Connectivity Service (ref 1-SL) The Service Levels in the below are applicable to each Standalone Service Instance of a HSCN Connectivity Service and Integrated Service Instance Set which includes a HSCN Connectivity Service. 1-SL-1: Non-Resilient (lower availability) is for HSCN Obligations Framework TOW16 services; 1-SL-1: Resilient (lower availability) is for HSCN Obligations Framework TOW16 services; 1-SL-1: Fully Resilient Diverse Routing is above the minimum value in the HSCN Obligations Framework. 1-SL-3, 1-SL-4 and 1-SL-5: DSL connection is an HSCN Obligation Framework TOW16 service. Where a Service Instance of a PSN Access Connectivity Service comprises a PSN VRF 701 over an HSCN Connectivity Service, the Service Levels applicable to the HSCN WAN specified below will encompass both the HSCN WAN and the PSN DNSP Service Slice (as set out in more detail in paragraph 2 of this Annex 1 to Part A of Call Off Schedule 6). Ref Service Service Level Target % (a) Service Failure Threshold % (b) 1-SL-1 1-SL-2 HSCN WAN Availability Non-Resilient Resilient 99.95% The greater of 99.99% or the applicable Service Level Threshold for 99% The greater of 99.5% or the applicable Service Failure Threshold for 1-SL-1.
The ISMS and Security Management Plan shall be fully reviewed and updated by the Supplier prior to any Service Instances (other than those Service Instances identified on the first Implementation Plan produced under this Call Off Contract) going into Live Operation and at least annually to reflect: emerging changes in Good Industry Practice; any change or proposed change to the Supplier System, the Services and/or associated processes; any new perceived or changed security threats; and any reasonable request by the Customer. The Supplier shall provide the Customer with the results of such reviews as soon as reasonably practicable after their completion and amend the ISMS and Security Management Plan at no additional cost to the Customer. The results of the review shall include, without limitation: suggested improvements to the effectiveness of the ISMS; updates to the risk assessments; proposed modifications to the procedures and controls that effect information security to respond to events that may impact on the ISMS; and suggested improvements in measuring the effectiveness of controls. Subject to paragraph 5.4 of this Call Off Schedule, any change or amendment which the Supplier proposes to make to the ISMS or Security Management Plan (as a result of a review carried out pursuant to paragraph 5.1 of this Call Off Schedule, a Customer request, change to Annex 1 (Security Policy) or otherwise) shall be subject to the Variation Procedure and shall not be implemented until Approved in writing by the Customer. The Customer may, where it is reasonable to do so, Approve and require changes or amendments to the ISMS or Security Management Plan to be implemented on timescales faster than set out in the Variation Procedure but, without prejudice to their effectiveness, all such changes and amendments shall thereafter be subject to the Variation Procedure for the purposes of formalising and documenting the relevant change or amendment for the purposes of this Call Off Contract. TESTING OF THE ISMS The Supplier shall conduct tests of the ISMS (“Security Tests”) from time to time and at least annually and additionally after any change or amendment to the ISMS or the Security Management Plan. Security Tests shall be designed and implemented by the Supplier so as to minimise the impact on the delivery of the Services and the date, timing, content and conduct of such Security Tests shall be agreed in advance with the Customer. Subject to compliance by the Supplier with the foregoing requirements, if any Security Tests adversely affect the Supplier’s ability to deliver the Services so as to meet the Service Level Targets, the Supplier shall be granted relief against any resultant for the period of the Security Tests.