Service Level Parameters. Transfer Agent recognizes that certain normal scheduled outages (including, but not limited to scheduled maintenance, of which Transfer Agent will be notified within thirty (30) days of the initiation of processing) and pre-planned extraordinary events (e.g. major hardware or software installations) may affect Sub-Transfer Agent’s ability to achieve the agreed performance levels. Provided that nothing in this Schedule 1.2(l) is intended to, or does, alter the standard of care or other obligations of Sub-Transfer Agent as stated elsewhere in this Agreement, Sub-Transfer Agent shall not be in breach of this Agreement for not meeting these agreed upon performance parameters when such failure was a result of: • Failure or unavailability of communication lines outside of the Sub-Transfer Agent facilities • Failure or unavailability of the Internet • A failure to perform properly or timely by a third party whose performance is a prerequisite for Sub-Transfer Agent’s performance. • A preplanned extraordinary event (e.g. a hardware or software installation) • Transfer Agent was notified in writing of such outage or install is occurring outside of the reserved maintenance window. The Sub-Transfer Agent assumes no responsibility for the business results achieved from use of the Electronic Services or errors or interruptions caused by third parties, including but not limited to (i) failures attributable to user errors or misuse of the Electronic Services, (ii) failures to use corrections supplied by the Sub-Transfer Agent, or (iii) modifications by Transfer Agent or any third party. The Sub-Transfer Agent makes no warranty with respect to the performance of third parties such as web portals, internet service providers and telecommunication carriers, or as to the reliability, security or performance of the internet. If the timely availability of any Sub-Transfer Agent system or service depends on equipment Transfer Agent controls (such as Transfer Agent’s network, servers, and workstations), Transfer Agent is responsible for the proper functioning of such equipment and that such equipment properly utilizes Sub-Transfer Agent’s software and data. Sub-Transfer Agent shall have no responsibility or liability of the unavailability of system or service where such unavailability results in whole or in part from Transfer Agent controlled equipment.
Service Level Parameters. 5.1. Notwithstanding any Service level parameters which may be detailed elsewhere in this Agreement, the following Service Level parameters shall be applicable in respect of the Service: Installation shall occur within 30 (thirty) Business Days following confirmation of the following:
5.1.1.1. The necessary underlying infrastructure is in place;
5.1.1.2. Vodacom has approved the order and the Customer has received an order reference number. The repairing of faults relating to the Service shall be performed within 48 (forty-eight) Business Hours subject to the following:
5.1.2.1. The fault repair clock shall take affect after the fault has been reported by the Customer to the Technical Call Centre and acknowledgement of same by the Technical Call Centre by means of a fault reference number;
5.1.2.2. The Customer will fully co-operate with Vodacom’s efforts to restore Services, such co-operation may include but is not limited to the following:
5.1.2.2.1. Access to the Customer’s premises to restore the affected Service element;
5.1.2.2.2. Negligence or abuse of hardware by the Customer or any representative of the Customer;
5.1.2.2.3. Monitoring instruction from the Customer;
5.1.2.2.4. Any Customer action that Vodacom is dependent on to close a problem log including but not limited to, testing and the contactability of the Customer;
5.1.2.2.5. Scheduled Maintenance and agreed downtime.
Service Level Parameters. 5.1 Notwithstanding any Service level parameters which may be detailed elsewhere in this Agreement, the following Service Level parameters shall be applicable in respect of the Service: -
5.1.1 Installation shall occur within 30 (thirty) Business Days following confirmation of the following: -
5.1.1.1 The necessary underlying infrastructure is in place;
5.1.1.2 Vocall has approved the order and the Client has received an order reference number.
5.1.2 The repairing of faults relating to the Service shall be performed within 48 (forty-eight) Business Hours subject to the following: -
5.1.2.1 The fault repair clock shall take affect after the fault has been reported by the Client to the Technical Call Centre and acknowledgement of same by the Technical Call Centre by means of a fault reference number;
5.1.2.2 The Client will fully co-operate with Vocall’s efforts to restore Services, such co-operation may include but is not limited to the following: -
5.1.2.2.1 Access to the Client’s ’s premises to restore the affected Service element;
5.1.2.2.2 Negligence or abuse of hardware by the Client or any representative of the Client;
5.1.2.2.3 Monitoring instruction from the Client;
5.1.2.2.4 Any Client action that Vocall is dependent on to close a problem including but not limited to, testing and the contactability of the Client;
5.1.2.2.5 Scheduled Maintenance and agreed downtime.
Service Level Parameters. Licensee Owned Hardware failure: In the event of a failure is related to the Licensee owned Hardware, Primal must determine the cause of the failure. If the cause of failure is due to a failure of Licensee Owned Hardware, Primal will contact Licensee’s technical service representatives on behalf of Licensee and will allow access to the Hosted Environment within the Target Turn Around as set forth above. Primal will not attempt to repair Licensee owned hardware. Initial Response: Within the designated Initial Response period, a Primal CSA will notify Licensee of Trouble Report. As part of the Initial Response, the Primal CSA shall advise Licensee of potential remedies, discuss and mutually agree on the Priority level, and initiate actions to address the Service Request.
Service Level Parameters. 5.2.1 Change management: this refers to any Incident or event that alters the existing state of Sentech’s Transmission network, including software, hardware, networks and facilities. It shall be a mutual goal to minimize disruption of any services by using a standard process to communicate and implement changes. The Sentech prescribed Change Management procedure shall be adhered to.
5.2.2 Supported Hardware: repair or replacement of in-warranty faulty equipment shall be done at no cost to Sentech. Damages occurring from misuse, malicious acts and acts of nature are excluded and costs for repair or replacement will be for the account of Sentech in such cases. The envisaged costs will be communicated to Sentech followed by a quotation. Sentech will then either accept or reject the said quotation.
