Purple shall provide or procure the provision of the Support Service to the Customer on the terms set out below following the receipt by Purple from the Customer of a Support Request.
In this Schedule, the following terms shall have the meanings set out below and cognate terms shall be construed accordingly:
1st Line Support means Customer shall be responsible for First Line Support via its helpdesk. First Line Support activities shall consist of the following:
Provide support to end users.
- Provide all relevant Customer data for Incident analysis; and
- Escalation to Second Line support or Third Line Support as required.
2nd Line Support means The Parties shall share responsibility for Second Line Support as follows:
Customer issues will be managed via Customer’s helpdesk supported by Customer Technical team. Purple’s issues will be managed via the Purple’s support desk.Customer responsibilities for 2nd
Line support shall include:
- Diagnosis of the Incident
- Raising a ticket for every incident
- Resolution as and when necessary
- Proactive 24x7x365 monitoring of the connection with the Purple platform; and
- Review of any configuration of a Customer site.
Purple responsibilities for 2nd Line Support
- Cosmetic issues, including images not loading
- Errors in documentation
- Translations missing/inaccuracies
- Impaired operations of some components, (but user can continue using the Software)
- Initial installation milestones are at minimal risk
- Restoration or resolution where reasonably practicable provided that the restoration and/or resolution does not involve modification of the Purple Software
- Trend analysis and identification of Service or design issues
- Escalation to Third Line Support for Resolution
- Updating the nominated parties
- Monitoring re-occurrence or continuance Incidents
- Root cause analysis of Incidents
- Raising issues with Customer’s technical support team to resolve configuration issues
- Information exchange between Customer and Purple when Incidents are detected / identified
3rd Line Support means Purple shall be responsible for 3rd Line Support activities which, Customer is unable to resolve. Third Line Support activities to be provided by Purple include, but are not limited to:
- Provide technical support to Customer
- Raising a ticket for every incident
- Resolution of any Incident which cannot be resolved using Second Line support
- Develop, test and implement Software patch or resolution as and when necessary
- Providing Service Improvement Plans as agreed with Customer
- Providing support where Elements of report data may be unavailable
- Providing support where major milestone is at risk and ongoing and incremental installations are affected.
- The system is down or unavailable
- All or a substantial portion of critical data is unavailable
- Any potential compromise of security or data protection
- A substantial loss of service or quality of service has occurred
- Business operations have been severely disrupted
- Core portal functionality is affected such as:
- Cannot create user accounts
- Cannot create feature templates
- Cannot change / save venue settings
- Cannot add or configure hardware
- Cannot place orders
- Cannot publish e-shots or access journeys
The Supplier shall also provide the following activities:
- Proactive 24x7x365 monitoring of the Service
- Planned engineering work notifications
- Emergency Work Notifications
2. A Support Request may be made by the Customer using any of the following methods:
- Portal log:
3. Purple shall in relation to each Service Request:
- confirm to the Customer the receipt of the Service Request and specify a priority level;
- perform the Support Services in relation to the Service Request;
- within the constraints of this Agreement, follow any instructions from the Customer in relation to the provision of the Support Services;
- liaise with the Customer in relation to the provision of such Support Services and provide all such co-operation and assistance to the Customer as is reasonable in the circumstances;
- provide such regular updates to the Customer as may be reasonable taking into account the nature and severity of the Service Request; and
- ensure that the Support Services are performed promptly, cordially and professionally and otherwise in accordance with this Agreement.
- inform the Customer where Purple is unable to resolve the Service Request in the fix time stated below. The Customer may then request that the Service Request be escalated either to a higher priority level and/or internally within Purple’s support team.
|Support Service||Support Service hours|
|1. Support Request logging||24x7x365|
|2. Technical Support Services and administration||First Line (Customer Support and Triage): 24x7x365
Second and Third Line Support logging: 24x7x365
For the technical Support Services, once a fault is identified as an issue with the Purple platform, and only after Purple have determined the appropriate critical level issue, Purple will provide the Support Service for each critical level in accordance with the fix time stated below:
|Description||Service Level Standard|
|Critical Level Issue:||4 hours Fix|
|High Level Issue:||8 hours Fix|
|Low level Issue:||12 hours Fix|
4. Customer Responsibilities
- The Customer will be responsible for:
- ensuring that the Customer complies with the pre-requisites as set out by Purple which shall include but not be limited to providing remote access to the Customer’s Access Points with the requisite access permissions;
- notifying Purple of any known modifications or downtime of the Customer Access Points in accordance;
- providing and maintaining main contact information to Purple so that Purple can contact the Customer in the event of a Service Request or for security validation;
- providing relevant requested information to support the investigation and resolution/fulfilment of each Service Request;
- ensuring the Customer’s systems are maintained and up to date with the relevant information required for the Seller to deliver the Support Services.
Service Level Standards
1. Service levels and response times
- Subject to a fault being identified as an issue with the Purple platform, and only after Purple have determined the appropriate critical level issue, Purple shall provide the following response times:
- for any issue which results in all Users being unable to access the Service at a venue (a Critical Level Issue), within 75 minutes after receiving a Support Request;
- for any issue which results in the Service being substantially diminished for Users at a venue (a High Level Issue), within 225 minutes after receiving a Support Request; and
- for any issue which results in the Service being impaired but not substantially diminished for Users at a venue (a Low Level Issue), within 50 hours after receiving a Support Request.
- The response times set out in paragraph 1.1 refer only to the time within which Purple shall respond to a Support Request.
- Purple shall ensure an uptime rate of not less than 99.9%.
- Purple shall refund such proportion of Service Licence Fee which is applicable to Downtime which exceeds 0.1%.
- For the purposes of this Schedule, Downtime refers to one or more whole periods of 30 minutes duration commencing upon Purple identifying the issue as a Critical Level Issue (as defined in paragraph 1.1.1).
- Paragraph 1.4 shall not apply where and to the extent that Downtime arises from:
- Scheduled Service Downtime (as defined in paragraph 2.1); or
- failure of the Customer’s own computer systems, network or software; or
- failure by the Customer, its employees, subcontractors, agents or other similar third parties to comply with any reasonable instructions issued by Purple; or
- breach by the Customer or a User of any terms or restrictions applicable to the Service including, but not limited to, exceeding data storage or transfer limitations; or
- failure of any third party infrastructure used to deliver the Service.
2. Scheduled Service Downtime
- Purple may, from time to time, require Downtime in order to perform maintenance and upgrades on its computer systems, network and infrastructure (Scheduled Service Downtime).
- Purple shall use best endeavours to ensure that any period of Scheduled Service Downtime causes minimal disruption to the Service and is as brief as is reasonably possible.
- Purple shall notify the Customer of Scheduled Service Downtime no later than 24 hours prior to its commencement. Such notice shall include an outline summary of the work to be performed during, and the estimated duration of, the Scheduled Service Downtime.
- Purple shall use best endeavours to perform maintenance and upgrades without incurring any Scheduled Service Downtime.
3. Service and Performance Monitoring
In the event that the Service is not carried out in accordance with the Service Level Standards, the Customer’s remedies shall be limited to those set out in paragraph 1.4.