Should you have an issue you wish to log, you will have access to the Tracker Client Support Portal where you can log your issue.
You must make all requests for Technical Support through the helpdesk at http://support.tracker-rms.com, and all such requests must include at least the following information: Your name, email address, type of issue, description of the issue, and an indication of the priority.
The Provider will:
(a) use reasonable endeavours to respond to requests for Support Services made through the helpdesk; and
(b) use reasonable endeavours to resolve issues raised by the Customer, promptly / in accordance with the following response time matrix.
|Severity||Examples||Response time||Resolution time|
|Critical||System outage or connection failure||1 hour||24 hours|
|Urgent||Issues preventing further use of core functionality||2 hours||24 hours|
|High||Issues preventing further use of non-core functionality||4 hours||48 hours|
|Medium||Inconveniences or issues that do not prevent further use of functionality||1 day||5 days|
|Low||General requests or any cosmetic issues||2 days||14 days|
The Provider will determine, acting reasonably, into which severity category an issue raised through the Support Services falls.
All Support Services will be provided remotely unless expressly agreed otherwise by the Provider.
Where the total person-hours spent by the Provider performing the Support Services (excluding fault based support) during any month exceed 30 hours, then:
(a) the Provider will cease to have an obligation to provide those Support Services to the Customer during that period; providing that
(b) the Provider may agree to provide additional such Support Services to the Customer during that period, but the provision of such services will be subject to payment by the Customer of additional Charges at the Provider’s standard hourly rates from time to time.
The Provider shall have no obligation under this Agreement to provide Support Services in respect of any fault or error caused by:
(a) the improper use of the Platform; or
(b) the use of the Platform otherwise than in accordance with the Documentation.
The Provider will:
(a) Perform full daily back-ups which will be retained for at least 14 days; and
(b) at least once every 7 days, arrange for the off-site storage of a current back-up of the Client Data stored on the Platform
In the event of the loss of, or corruption of, Client Data stored on the Platform and you notify The Provider in accordance with the Technical Support section, The Provider shall, if you so directed, use reasonable endeavors promptly to restore the Client Data from the most recent available back-up copy.
The Provider shall use reasonable endeavours to ensure that the Platform is available 99.8% of the time during each calendar month.
Platform uptime shall be calculated as all uptime including planned maintenance where prior notice of at least 7 days has been given and where the planned maintenance does not exceed a total duration of 30 minutes in total.
Planned maintenance is defined as critical maintenance to the operating systems, database management software or web application in order to prevent security breaches or functional malfunction such as patches issued by the system vendors.
In the event that, during a calendar month entirely within the Term, the Platform fails to meet the availability commitment set out in Paragraph then the Provider shall issue service credits calculated to the Customer, such service credits to be deducted by the Provider from future Charges.
The services credits due in respect of a calendar month shall be calculated as follows:
service credits = (100 – a) x b
a = the actual percentage availability of the Platform during the relevant calendar month; and
b = the Charges payable in respect of access to the Platform during the relevant calendar month (exclusive of VAT and other taxes).
The maximum service credits available to the Customer in respect of any calendar month shall be the total Charges payable in respect of access to the Platform during the relevant calendar month (exclusive of VAT and other taxes).
The award of service credits under this section shall be the exclusive remedy of the Customer in the case of a failure of the provider to meet the uptime commitment except in the case of a failure constituting a material breach of this Agreement.