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Verizon End Customer Terms

THIS AGREEMENT is made on the date agreed between [the Reseller], the Customer and Purple.

BETWEEN

  1. PURPLE WIFI LIMITED of First Floor, Sandringham House, Hollins Brook Park, Pilsworth Road, Bury, BL9 8RN, England (registered company number 06444980) (Purple); and
  2. The company or organisation receiving the Service [and the Support Service] pursuant to [insert reseller agreement reference] (the Customer).

AGREED TERMS

  1. Interpretation
    1. The definitions and rules of interpretation in this clause apply in this Agreement.
      • Access Point means any item of access hardware (including signal boosters and repeaters) of the Customer at a Venue through which a User may access the internet.
      • Commencement Date the date of commencement of the Service
      • Customer Access Page means the access page (whether or not branded by the Customer) through which Users login in order to access the internet at a Venue.
      • Data Protection Laws means in relation to any Personal Data which is Processed in the performance of this Agreement, the General Data Protection Regulation (EU) 2016/679 (“GDPR“), in each case together with all laws implementing or supplementing the same and any other applicable or equivalent data protection or privacy laws in the jurisdiction of the Customer.
      • Device means any computer, tablet, mobile telephone, smart phone or other electronic device through which a User accesses the Service.
      • EULA means the end user licence agreement in place between Purple and the User at the relevant time, the current version of which is set out at https://purple.ai/end-user-licence-agreement/
      • Good Industry Practice means, in relation to any particular circumstances, the exercise of that degree of skill, care, prudence, efficiency, foresight and timeliness as would be expected from a leading expert service provider, within the relevant industry or business sector, performing services substantially similar to the relevant services to customers of the same size and nature as the Customer.
      • Implementation Information means the information set out in the Reseller Terms.
      • Implementation Service the services to be provided by Purple in respect of the Access Point(s) at each Venue using the Implementation Information.
      • Intellectual Property Rights means any intellectual property rights arising by virtue of or in relation to patent, copyright, database rights, rights in trademarks (registered or unregistered), applications for any of the foregoing, trade secret rights and know how, and any other intellectual property or proprietary rights arising under the laws of any jurisdiction.
      • Purple Portal means the online portal provided by Purple through which the Customer may administer the usage of the Service by Users.
      • Reseller Terms means the terms agreed between [the Reseller] and the Customer.
      • Service means Purple’s hosted software solution, the functionality for which is more particularly detailed at https://purple.ai/licenses/ and which solution provides: (i) a Customer with a WiFi hotspot platform which may be used by Users to access the internet through one or more Access Points at a Venue; and (ii) Customer analytic functionality and reports usable by Customer personnel.
      • Service Level Standards means the minimum levels of performance applicable to the Service and the Support Service set out in paragraphs 1.1 and 1.2 of Schedule 2.
      • Service Licence means a non-exclusive licence in respect of a specified number of Access Points for use of the Service at the Venue(s) for the Service Licence Term.
      • Service Licence Term means the term set out in the Reseller Terms.
      • Support Request means a request from the Customer to provide an element of the Support Service, which request may be made as detailed in Schedule 2.
      • Support Service means the support to be provided by Purple to the Customer as detailed in Schedule 2.
      • Terms of Use means the terms of use set out in Schedule 1 when accessed by the Customer’s officers, employees, consultants and agents at a Venue.
      • User means any individual natural person who accesses the internet by means of a Device via a Customer Access Page through an Access Point at a Venue.
      • Venue means the Customer venue(s) as detailed in the Reseller Terms at which a User accesses the internet via the Customer Access Page through the Access Point(s).
    2. Clause and schedule headings do not affect the interpretation of this Agreement.
    3. Words in the singular shall include the plural and vice versa.
    4. A reference to one gender shall include a reference to the other genders.
    5. A reference to any party shall include that party’s personal representatives, successors or permitted assigns.
    6. A reference to a statute, statutory provision or any subordinated legislation made under a statute is a reference to such statute, provision or subordinated legislation as in force at the date of this Agreement.
    7. References to clauses and the Schedules are to the clauses of and the Schedules to this Agreement
  2. Commencement and duration
    This Agreement shall commence on the Commencement Date. Unless terminated earlier in accordance with clause 9, this Agreement shall continue and remain in force for the Software Licence Term.
  3. Service
    1. Purple shall be deemed to have granted to the Customer the Service Licence and Purple shall provide the Service and the Support Service to the Customer for the duration of the Service Licence Term in accordance with the Service Level Standards. In certain circumstances Purple may procure the provision of part of the Support Service through a third party and Purple shall inform the Customer in writing of the identity of such third party.
    2. As soon as reasonable practicable, and where applicable, after the Commencement Date the Customer shall provide Purple with the Implementation Information. Purple shall carry out the Implementation Services within 7 days of the receipt of payment of the Service Licence Fee.
    3. The Customer accepts the Terms of Use and shall comply with and procure that its officers, employees, consultants and agents comply with the Terms of Use.
    4. The Customer undertakes to Purple:
      1. not to provide or otherwise make available the Service in whole or in part in any form to any person other than Users without the prior written consent of Purple;
      2. to comply at all times with all applicable laws in the relevant jurisdiction;
      3. to notify Purple as soon as reasonably practicable if it becomes aware of any use of the Service by any unauthorised user; and
      4. not to do (or authorise any third party to do) any act which to the Customer’s knowledge might allow a User to access the Service without agreeing to the terms of an EULA or would or might invalidate or be inconsistent with any Intellectual Property Rights of Purple
    5. Purple shall provide the Implementation Service and Support Service with all reasonable skill and care in a reliable and professional manner by suitably qualified and experienced personnel, in conformity with Good Industry Practice and will at all times have, the ability and capacity to meet such requirements.
    6. Purple has the right, upon giving reasonable notice to the Customer, to disable access to the Service provided to the Customer or any User at any time if, in Purple’s reasonable opinion, the Customer fails to comply with any of the provisions of this Agreement or any User fails to comply with the provisions of the EULA or the Terms of Use or otherwise acts in a way that is likely to adversely interfere with Purple’s ability to provide the Service to the Customer or any third party. Where access to the Service is disabled in such circumstances and
      provided such disablement does not exceed 24 hours,, Purple shall not be obliged to refund the Customer the relevant amount of the Service Licence Fee in respect of the period of such disablement.
  4. Warranties and Intellectual Property Rights
    1. Each Party warrants that it has full capacity and authority, and all necessary licences, permits and consents to enter into and perform this Agreement and that those signing this Agreement are duly authorised to bind the Party for whom they sign.
    2. Purple warrants that
      1. the Service is proprietary to Purple that it is the owner of the Intellectual property Rights in the Service and that it has the right to license all Intellectual Property Rights in and to the Service, and to provide the Implementation Service and Support Service to the Customer; and
      2. The Service shall function in accordance with the Service Level Standards
    3. The warranties set out in this clause 4 are in lieu of all other express or implied warranties or conditions, including implied warranties or conditions of satisfactory quality and fitness for a particular purpose, in relation to this Agreement. Without limitation, Purple specifically denies any implied or express representation that Service will be fit:
      1. to operate in conjunction with any hardware items or software products other than with those that are identified as being compatible with Service; or
      2. to operate uninterrupted or error-free
    4. Any unauthorised modifications or use of the Service by, or on behalf of, the Customer shall render all Purple’s warranties and obligations under this Agreement null and void.
    5. The Customer acknowledges that all rights in the Service and to all property and Intellectual Property Rights provided to the Customer or otherwise arising under this Agreement, including but not limited to any software used by Purple in connection with the Service, together with all amendments, additions and enhancements to the Service, shall belong exclusively to and shall remain vested in Purple.
    6. Where Purple provides to the Customer software which enables Users to use the Service, Purple grants to the Customer a non-exclusive, non-transferable licence to allow Users to use such software solely for that purpose. The Customer agrees that it shall not without Purple’s prior written consent, copy, decompile or modify such software, nor copy any manuals or documentation (except as permitted by law).
    7. Purple shall indemnify the Customer against all liabilities, costs, expenses, damages and losses suffered or incurred by the Customer arising out of or in connection with any claim made against the Customer for actual or alleged infringement of a third party’s Intellectual Property Rights arising out of or in connection with use of the Service, provided that, if any third party makes a claim, or notifies an intention to make a claim, against the Customer which may reasonably be considered likely to give rise to a liability under this indemnity (“Claim”), the Customer:
      1. as soon as reasonably practicable, gives written notice of the Claim to Purple, specifying the nature of the Claim in reasonable detail;
      2. does not make any admission of liability, agreement or compromise in relation to the Claim without the prior written consent of Purple (such consent not to be unreasonably
        conditioned, withheld or delayed);
      3. gives Purple and its professional advisers access at reasonable times (on reasonable prior notice) to its premises and its officers, directors, employees, agents, representatives or
        advisers, and to any relevant assets, accounts, documents and records within the power or control of the Customer, so as to enable Purple and its professional advisers to examine
        them and to take copies (at Purple’s expense) for the purpose of assessing the Claim. All information provided pursuant to this clause 4.7.3 shall be deemed to be Confidential
        Information; and
      4. be deemed to have given to Purple exclusive authority to avoid, dispute, compromise or defend the Claim PROVIDED that Purple shall take into account the views of the Customer in respect thereof and shall not take any action that might adversely affect the reputation of the Customer or place any liability on the Customer.
    8. Purple shall not in any circumstances have any liability for any claim of infringement of Intellectual Property Rights caused or contributed to by the Customer’s use of the Service in combination with software not supplied or approved in writing by Purple.
    9. If use of the Service or receipt of the benefit of the Support Service becomes, or in the opinion of qualified legal counsel is likely to become, the subject of any such Intellectual Property Rights infringement claim, Purple shall:
      1. replace all or part of the Service with functionally equivalent software or documentation without any charge to the Customer;
      2. modify the Service as necessary to avoid such claim, provided that the Service functions in substantially the same way as the Service before modification; and/or
      3. procure for the Customer a licence from the relevant claimant to continue using the Service.
  5. Data and Data Protection
    1. All data which is collected through the Service (Data) shall belong to and remain the property of Customer. Customer hereby grants to Purple a non-exclusive, royalty free Licence to access, use and exploit the Data until the expiry or termination of this Agreement provided that all such access, use and exploitation is in accordance with all applicable laws and regulatory requirements of any relevant jurisdiction and for the purposes of providing the Service.
    2. Customer shall be the data controller for the purposes of the Data Protection Laws and shall be responsible for handling any RIPA requests. Purple shall be a processor of the Data during the continuance of this Agreement and shall not permit any third party to process Data on its behalf without first notifying Customer. If Purple engages another data processor for carrying out any processing activities in respect of the Data Purple shall ensure that a written agreement is in place with the particular data processor that contains terms equivalent to those set out in this Clause 6. If Purple engages another data processor, Purple shall remain fully liable to Customer for the performance by that other data processor of that other data processor’s obligations.
      1. Each party shall implement and maintain, at its own cost and expense, the Security Measures in relation to its processing of Data. “Security Measures” means: (a) technical and
        organisational measures that prevent or are designed to prevent the accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access to Data which comply with best industry practice; and (b) all measures required by the Data Protection Laws.
      2. Purple shall allow for and provide reasonable access and contribute to audits, including inspections during normal business hours and on reasonable prior notice, conducted by a
        third party auditor mandated by Customer for the purpose of demonstrating compliance by Purple with its obligations under Data Protection Laws. Purple shall promptly resolve, at its own cost and expense, all data protection and security issues discovered by Customer and reported to Purple that reveal a breach or potential breach by Purple of its obligations under the Data Protection Laws.
    3. Each Party confirms that in the performance of this Agreement it will comply with the Data Protection Laws, that all Data will at all times be held within the European Economic Area and be dealt within in a way that is compliant with Data Protection Laws and that it holds, and during the term of this Agreement will maintain, all registrations and notifications required in terms of the Data Protection Laws which are appropriate to its performance of its rights and obligations under this Agreement. Where required each party shall undertake
      appropriate data protection impact assessments to ensure that all processing of Data complies with Data Protection Laws.
    4. Each Party will notify the other Party as soon as is reasonably practicable if it becomes aware of a Personal Data Breach (as defined by the Data Protection Laws) relating to either Party’s obligations under this Agreement.
    5. On expiry or termination of this Agreement for any reason the Customer may within 30 days of such date request the supply of and Purple shall promptly supply a copy of the Data in a csv format or such other format as the parties may agree.
    6. Each Party agrees to indemnify, and keep indemnified and defend at its own expense, the other Party, against all costs, claims, damages or expenses incurred by the other Party or for which the other Party may become liable, due to any failure by the first Party or its employees or agents to comply with the terms of this clause 5 and/or the Data Protection Laws.
  6. Limitation of Liability
    1. Nothing in this Agreement shall restrict or limit either party’s general obligation at law to mitigate a loss it may suffer or incur as a result of an event that may give rise to a claim under this Agreement
    2. Save for the indemnity provisions set out at clauses 4 and 5 the aggregate liability of each party to the other or to any third party (whether in contract, tort or otherwise) shall be limited to an amount equal to that proportion of the Service Licence Fee paid which is attributable to the calendar year within which such claim arises.
    3. Neither Party excludes or limits its liability for:
      1. its fraud; or
      2. death or personal injury caused by its Breach of Duty; or
      3. any other liability which cannot be excluded or limited by applicable law.
    4. Neither Party shall have any liability in respect of any indirect or consequential losses, damages, costs or expenses whether or not such losses were reasonably foreseeable or that Party or its agents or contractors had been advised of the possibility of such losses being incurred.
    5. Time shall not be of the essence in relation to any dates quoted for delivery of any Service.
    6. Purple shall not have any Liability for any delay in delivery of the Service or any services that is caused by an event outside of its reasonable control or the Customer’s failure to provide Purple with adequate instructions or information.
  7. Termination
    1. This Agreement may be terminated:
      1. by either party immediately on giving written notice to the other where such other party has committed a material breach of this Agreement and, in the case of a breach which is capable of being remedied, the recipient of such notice shall have failed to remedy such breach within 14 days after receiving a notice from the other party requesting it to do so; and
    2. Upon termination of this Agreement for any reason:
      1. Purple will cease to provide the Service and any further services to the Customer;
      2. other than as set out in this Agreement, neither Party shall have any further obligation to the other under this Agreement.
    3. Any provision of this Agreement that expressly or by implication is intended to come into or continue in force on or after termination or expiry of this Agreement shall remain in full force and effect.
    4. Termination of this Agreement shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the agreement which existed at or before the date of termination
  8. Confidentiality
    1. Each of the parties agrees that the commercial terms of this Agreement and any information relating to the business of the other which is passed to it by the other in connection with this Agreement shall, at all times, be kept and shall remain confidential.
    2. The confidential information referred to in clause 8.1 may be disclosed by a party only to such of its officers, employees, contractors, auditors or other professional advisors to whom and to the extent to which disclosure is necessary for the fulfilment of this Agreement or for the purposes of professional advice, subject to the relevant party ensuring that any such individual is under a duty to maintain the confidentiality of any such information that is disclosed to him. No confidential information may be disclosed to a third party without
      the prior written consent of both parties unless and to the extent that such disclosure is required by law.
    3. Information that: (a) is or becomes publicly known other than through any act or omission of the receiving party; (b) was in the other party’s lawful possession before the disclosure; (c) is lawfully disclosed to the receiving party by a third party without restriction on disclosure; or (d) is independently developed by the receiving party, which independent development can be shown by written evidence; shall not be regarded as confidential information for the purposes of clause 8.1.
    4. The obligations of confidentiality in this clause 8 shall continue to apply after termination of this Agreement.
  9. General
    1. This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales. Each party irrevocably agrees that the courts of England shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).
    2. The parties agree to comply with all applicable laws relating to their respective activities and obligations under this Agreement.
    3. All notices which are required to be given under this Agreement shall be in writing and shall be sent either by email to such email address as the recipient may designate or by first class pre-paid recorded delivery post or airmail to the registered office address of the recipient or such other address as the recipient may designate by notice given to the sender. Any notice sent by email shall be deemed to have been served one hour after it is sent (save where the sender receives notification that such email has not been delivered) and any notice sent by first class pre-paid recorded delivery post or airmail shall be deemed to have been served 48 hours after posting.
    4. A failure to exercise or a delay in exercising a right or remedy provided by this Agreement or by law shall not constitute a waiver of such right or remedy. If an effective waiver of any breach of any of the terms of this Agreement is made, then such waiver shall not constitute a waiver in respect of any other breach of such term or any breach of any other term.
    5. The terms of this Agreement are in lieu of all warranties, conditions, undertakings, terms and obligations concerning the supply, licensing and use of the Service which might but for this clause have effect between Purple and the Customer or would otherwise be implied or incorporated into this Agreement or considered to take effect as a collateral contract, whether by statute, common law, trade usage, course of dealing or otherwise, all of which are agreed to be excluded to the fullest extent permitted by law.
    6. No variation of this Agreement shall be valid unless it is in writing, it expressly states that it varies this Agreement and it is signed by authorised representatives of each party.
    7. A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.
    8. No delay, failure or default in the performance of any obligation under this Agreement shall constitute a breach of contract to the extent caused by circumstances beyond the reasonable control of the party whose performance is affected but nothing in this clause shall excuse the Customer from any payment obligations under this Agreement.
    9. In the event of any conflict between the Terms of Use and this Agreement, this Agreement shall prevail.
    10. If any term of this Agreement is or becomes unenforceable or invalid, such invalidity or unenforceability shall not affect the other terms of this Agreement which shall remain in full force and effect. If any term of this Agreement is or becomes invalid or unenforceable but would be valid or enforceable if some part of it were deleted or modified by the parties, the term in question shall apply with such modification as may be necessary to make it valid and enforceable. The parties shall act reasonably and in good faith to agree any
      such modification.

 

Schedule 1

Terms of Use

  1. Introduction
    • These Terms of Use (the Terms of Use) apply to your use of the wireless internet access service (the Service). Please read
      the Terms of Use carefully. If you do not accept the Terms of Use then Purple WiFi Limited (we and/or us) will not
      permit access to the Service.
  2. Use of the Service
    1. You agree that you will not:
      1. use the Service for any unlawful, immoral or malicious purpose; or
      2. introduce any code, virus or data which is harmful to the Service or any operating system; or
      3. transmit, store, publish or upload any electronic material which is likely to cause damage or limit the functionality of any telecommunications equipment or any computer software or hardware; or
      4. infringe any intellectual property right belonging to us or any other party; or
      5. send, receive, publish, distribute, transmit, upload or download any material which is offensive, abusive, defamatory, indecent, obscene, unlawful; or otherwise objectionable; or
      6. invade the privacy of or cause annoyance, inconvenience or anxiety to or send any unsolicited correspondence to any other person; or
      7. copy the software (or any part of it) utilised within the Service; or
      8. reverse engineer, disassemble, decompile, translate or modify the software (or any part of it) utilised within the Service.
    2. We do not guarantee that products or services or any websites accessible via the Service are error or virus free.
    3. Any dealings that you may have with promotions, services or merchants via the Service are solely between you and the person with whom you are dealing.
    4. We do not warrant or guarantee the performance of the internet or that the transmission of information over the internet will be secure or that the internet will be accessible at all times or at any particular speed.
    5. You acknowledge and accept that we may change the Terms of Use at any time. Any changes will be communicated to you through a link on the log-in page for the Service. You will be required to read and accept any such changes to continue using the Service.
    6. You acknowledge that the internet is separate from the Service and that websites accessed by you via the Service are not under our control and that we are not responsible for and do not endorse their content or privacy policies (if any). You undertake that you will use your own judgement regarding any interaction with any such website including the purchase of any products or services accessible through them.
  3. Limitation of liability
    1. SUBJECT TO PARAGRAPH 3.2, IN NO EVENT SHALL WE BE LIABLE FOR: (I) ANY LOSS OF PROFITS; (II) ANY LOSS OF REVENUE; (III) ANY LOSS OF GOODWILL; (IV) ANY LOSS OF ANTICIPATED SAVINGS; (V) ANY LOSS OR CORRUPTION OF OR DAMAGE TO DATA; OR (VI) BUSINESS INTERRUPTIONS; (VII) ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL LOSS OR DAMAGE.
    2. Nothing in this Agreement shall exclude or limit either party’s liability for: (i) death or personal injury resulting from
      negligence; (ii) any claim based on fraud or other criminal act; (iii) loss or damage arising from negligence; or (iv) any
      other matter that may not be validly excluded or limited by applicable law.

 

Support Service [Depending on whether support is supplied directly or via Reseller]

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.

  1. Definitions
    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:
    • Telephone:
    • E-mail:
    • Portal log:
  3. Purple shall in relation to each Service Request:
    1. confirm to the Customer the receipt of the Service Request and specify a priority level;
    2. perform the Support Services in relation to the Service Request;
    3. within the constraints of this Agreement, follow any instructions from the Customer in relation to the provision of the Support Services;
    4. 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;
    5. provide such regular updates to the Customer as may be reasonable taking into account the nature and severity of the Service Request; and
    6. ensure that the Support Services are performed promptly, cordially and professionally and otherwise in accordance with this Agreement.
    7. 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
Support Request logging 24x7x365
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
  1. Customer Responsibilities
    1. The Customer will be responsible for:
      1. 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;
      2. notifying Purple of any known modifications or downtime of the Customer Access Points in accordance;
      3. 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;
      4. providing relevant requested information to support the investigation and resolution/fulfilment of each Service Request;
      5. 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 [Depending on whether support is supplied directly or via Reseller]

  1. Service levels and response times
    1. 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:
      1. 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;
      2. 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
      3. 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.
    2. The response times set out in paragraph 1.1 refer only to the time within which Purple shall respond to a Support Request.
    3. Purple shall ensure an uptime rate of not less than 99.9%.
    4. 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).
    5. Downtime shall exclude any period which arises from:
      1. Scheduled Service Downtime (as defined in paragraph 2.1); or
      2. failure of the Customer’s own computer systems, network or software; or
      3. failure by the Customer, its employees, subcontractors, agents or other similar third parties to comply with any reasonable instructions issued by Purple; or
      4. 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
      5. failure of any third party infrastructure used to deliver the Service.
  2. Scheduled Service Downtime
    1. 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).
    2. 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.
    3. 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.
    4. 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,
      if any, shall be limited to those as applicable between Customer and [Reseller].
Verizon End Customer Terms
Created on 09 June 2023
Last updated on 06 July 2023
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