The Enhanced Customer Credit Scheme only applies to BT MediaNet 2000 and BT MediaNet 2000 Lite Services which have been provided with additional resilience (1 + 1 circuits) and which are fully managed on an end to end basis. For the purposes of this Credit Scheme, further references to BT MediaNet 2000 shall mean both BT MediaNet 2000 and BT MediaNet 2000 Lite Services.

The Customer is entitled to claim a reduction in BT charges (in the form of a credit against the Customer's next invoice or, if none, BT shall pay the amount of the reduction to the Customer within 45 days of the end of the month in which the Loss of Service occurred) if BT fails to deliver Service by the Commencement Date as set out in the Customer's Contract for BT MediaNet 2000 Service or if a Loss of Service occurs in the circumstances set out below.

(i) Late Delivery:

If BT fails to provide Service by the Commencement Date, the Customer will be entitled to claim a credit against the next invoice of the equivalent of one day's Annual Rental for the Service for every day after the Commencement Date that BT fails to provide Service.

The Enhanced Customer Credit Scheme does not apply to the late delivery of Service in the following circumstances:

• (a)if the Customer does not comply with its responsibilities in relation to the preparation of Customer's Premises in accordance with specification, and in relation to obtaining and paying any charges or costs for all planning and landlord approvals, wayleaves and consents as may be necessary to install the Equipment and to connect and operate the Service at the Customer's Premises, all as described or referred to in the Customer's Contract for BT MediaNet 2000 Services, and within any timescales set out in the Customer's Contract for BT MediaNet 2000 Services;
• (b)if BT is unable to obtain wayleave from a third party which is needed to install the Service;
• (c)in cases where the provisions relating to Force Majeure, as described in the Customer's Contract for BT MediaNet 2000 Service, apply;
• (d)where BT has advised the Customer that the Service will be provided by Special Means, as described in the Customer's Contract for BT MediaNet 2000 Service.

See also under “Late Delivery and Loss of Service: General" below.

(ii)Loss of Service: meaning

Loss of Service shall be considered to have happened when both (main and standby) feeds of Customer Content Signals are simultaneously unavailable. The Loss of Service will be credited for the purposes of the Enhanced Customer Credit Scheme in complete minutes until one of the feeds becomes available.

(iii)Loss of Service: credits

If BT fails to clear a Loss of Service for more than 1 hour, the Customer will be entitled to claim a credit for that Loss of Service against the next invoice as follows:

The Enhanced Customer Credit Scheme does not apply to Loss of Service in the following circumstances:

• (a)if the Customer does not comply or continue to comply with its responsibilities in relation to: the preparation of Customer's Premises in accordance with specification; obtaining and paying any charges or costs for all planning and landlord approvals, wayleaves and consents as may be necessary to install the Equipment and to connect and operate the Service at the Customer's Premises; permission to enter and have unrestricted access to Customer's Premises for maintenance; the Equipment and its proper use; and the Customer Content Signals complying with specifications; and within any timescales set out; all as described or referred to in the Customer's Contract for BT MediaNet 2000 Service;
• (b)if the Loss of Service is due to a failure or fault not attributable to the Service, including but not limited to faults attributable to the Customer's Equipment, or other networks or services connected to the Service, or other circumstances under the Customer's control;
• (c)in cases where the provisions relating to Force Majeure, as described in the Customer's Contract for BT MediaNet 2000 Service, apply;
• (d)where BT is entitled to suspend Service in an emergency proclaimed by Government, or for the repair, maintenance or improvement of any of its telecommunications systems and apparatus, or for default by the Customer (including without limitation failure to pay Charges, insolvency, or breach), all as described or referred to in the Customer's Contract for BT MediaNet 2000 Service.

See also under “Late Delivery and Loss of Service: General" below.

(iv)Late Delivery and Loss of Service: General

For the purposes of the Enhanced Customer Credit Scheme:

• (a)a days' rental = Annual Rental for BT MediaNet 2000 Service / 365;
• (b)the maximum total credit entitlement under the Enhanced Customer Credit Scheme in any period of 12 months for Late Delivery and Loss of Service will not exceed the Annual Rental for the Service;
• (c)claims under the Enhanced Customer Credit Scheme must be received by BT within 3 months of the incident against which the claim is being made failing which they will cease to be valid.