Support Services

• Monday to Friday 09:00 to 17:00
• Out of hours support is provided on a best efforts basis

The parties acknowledge and agree that both the Customer and its Affiliates are entitled to make service requests of the Service Provider.

All requests from Affiliates for Support Services shall be addressed by the Support Manager and notified by the Service Provider to the Customer, and shall include a classification of the priority level as set out below.  All requests from the Customer for Support Services shall be addressed by the Support Manager and both parties will agree the classification of the priority level as set out below.

Once any issue affecting the ability of the Services to be performed in accordance with the Specification (an “Incident”) is raised by the Customer, the Service Provider shall meet the corresponding timeframes for response and resolution, measured from the notification of the Incident by the Customer.

Priority 1 (P1) – Critical

The Services are “down” or critical functions are inaccessible for all users. The situation halts business operations and no procedural workaround exists. Customer is unable to complete critical tasks. Data integrity may also be compromised. Service Provider shall provide acknowledgement within 1 hour and updates every 3 hours thereafter until resolution for P1 incident. 

Priority 2 (P2) – Major 

The Services are impaired and critical functions are inaccessible to most users. Important tasks cannot be performed, but the error does not impair essential operations for all Customer’s customers. Data processing may be delayed and data integrity may be compromised. Some services may be performing sub-optimally or running on stale data. Customer’s customer experience may be impacted.

Priority 3 (P3) – Minor

The Services are impaired and critical functions are inaccessible but remain functional to a significant percentage of users.  There may be interruptions in normal operations or there could be minor degradation in performance. Essential operations are not impaired and important tasks can be performed with some workarounds. Data processing may be delayed and data integrity may be compromised for some customers of the Customer and their experience may be impacted.

Priority 4 (P4) – Maintenance

The Services are not impaired and critical functions are accessible and functional to most users. There are errors that are cosmetic and have little or no business impact or system performance or functionality. Customer’s customer experience is not impacted.

Please note, the above relate to existing functionality which degrades over time rather than new functionality in its release cycle.

Resolution may mean an Incident is completely resolved, Service is in full working order and any underlying issues are fixed or that an acceptable workaround has been provided that do not materially change the Services.

The Service Provider shall conduct periodic maintenance activities to ensure the continued integrity of the Services. Such maintenance shall include:

1. database maintenance,
2. network maintenance,
3. system fail-over testing,
4. preventative system maintenance, and 
5. scheduled new versions and maintenance releases.

The Service Provider shall use best efforts to carry out such maintenance no more than once per month, and where possible, shall give the Customer at least 48 hours’ prior written notice of such maintenance. Internet based platforms, like the HasHealth Platform, may require urgent security patches to be applied without delay. However the Service Provider shall use all reasonable endeavours to avoid any unscheduled maintenance.

Availability and Uptime Calculation

The Service Provider shall employ best efforts so that the Services are provided with an Uptime Availability Percentage of not less than 99% in each calendar month during the term (the “Uptime Service Level”).  Any down time, calculated using the 100% – “Uptime Availability Percentage” will be added as Service Credits.

The “Uptime Availability Percentage” will be calculated using the following formula:

where:

UP = Uptime Availability Percentage
HM = the number of hours in any given month less any Excluded Unavailable Hours
HU = the total number of hours in the given month during which the Service was unavailable, calculated from the time the service problem is registered with the Service Provider and ending when the Services are restored to the extent that the system is operating substantially in conformance with the Specification.

1. execution of scheduled maintenance, provided that the Service Provider has given the Customer not less than 48 hours’ prior written notice of such maintenance;
2. execution of urgent security patching
3. failure or service interruption due to a third party service, outside the control of the Service Provider
4. failure of the Customer’s own systems, the Customer’s connection to the internet or any other system or link outside the direct control of Service Provider or its subcontractors
5. Service interruptions, outages or performance degradation caused by:
   1. the Customer or the Customer’s Affiliates or Authorised Users;
   2. service providers or contractors not under the control of the Service Provider or its subcontractors; or
   3. any interruption in accordance with the Agreement.

Service Levels and Service Credits

If in any calendar month during the Term the Service Provider fails to meet its Uptime Service Level, without prejudice to its other rights and remedies, the Customer shall be entitled to the Service Credit calculated from the Availability and Uptime Calculation and deducted from the HasHealth Platform hosting and licensing part of the current invoice.   The parties acknowledge that each Service Credit is a genuine pre-estimate of the loss likely to be suffered by the Customer and not a penalty.

Service Credits shall be deducted by the Service Provider from the amount due from the Customer to the Service Provider in the next invoice then due to be issued.