Sorted legal

Service level agreement

1. Support services

1.1 Service Manager

Allocated service manager, providing tactical management

1.2 Support desk

Support desk service

1.3 Training

Allocated training services

1.4 Annual audit

Allocated annual audit business review

2. Submitting support requests

2.1 All support requests must be submitted to Sorted in accordance with the procedures notified to the Customer from time to time.

2.2 Support is provided by Sorted’s support team during working hours

3. Incident categories

Every support request submitted will be allocated a category by Sorted, acting reasonably and following the below guidelines:

For the avoidance of doubt it is Sorted’s responsibility to triage and assign the relevant severity level.

4. Service levels

Support requests

4.1 Sorted will use reasonable endeavours to respond to and resolve all incidents (or provide a workaround as it considers appropriate) within the following timescales:

4.2 For the avoidance of doubt Sorted will work on severity 1 and severity 2 issues 24/7, both inside and outside working hours, and compliance with the targets shall be calculated accordingly, but the Customer acknowledges that Sorted’s ability to effectively work on the issues outside of working hours will be dependent and conditional upon the Customer making appropriate representatives and resources available during such times to assist Sorted with resolving the issue.

Availability

4.3 Sorted will use reasonable endeavours to ensure that each Platform is available at least 99.8% of the time, 24 hours a day, seven days a week.

4.4 Availability shall be calculated for each calendar month according to the following formula:
(User Minutes-Downtime)/(User Minutes) x 100

Where:
User Minutes means the total number of minutes in the applicable month, less all scheduled downtime, multiplied by the total number of Users.
Downtime means the sum of the length (in minutes) that each severity 1 incident (as defined above) is ongoing, multiplied for each incident by the number of Users affected by that incident. Downtime does not include any excluded incidents, as described in paragraph 6 below.

4.5 Sorted utilises third party monitoring systems to measure and record system availability. Provided that the relevant monitoring system is properly configured and unless there is a proven malfunction with that system the availability figures provided shall be final and binding between the parties. Sorted will provide the availability figures to the Customer on a monthly basis.

5. Service credits

5.1 If the actual availability of a Platform fails to meet the availability target in any calendar month then (as its sole and exclusive remedy) the Customer shall be entitled to request a service credit equivalent to one percent of the Platform Fees payable in respect of that Platform for that calendar month for each full percentage point that the availability falls below the availability target.

5.2 A request for a service credit in accordance with paragraph 5.1 must be made in writing within three months of the expiry of the month to which the request relates. Any service credit awarded shall be applied as a credit against the next invoice for Platform Fees issued by Sorted or, if no further invoice is due, shall be paid in cash within 30 days of the expiry of the calendar month in which the request is made.

6. Exclusions

Sorted is not responsible for any incident or unavailability which is due to:

6.1 maintenance (planned);

6.2 problems caused by the Customer’s (or a User’s) own systems or networks, a Carrier’s systems or networks or any other third party networks, or by hardware, software, firmware or media not supplied by Sorted;

6.3 unauthorised action or inaction on the part of the Customer, its employees, agents, contractors or customers, unauthorised access to Sorted’s system using the Customer’s access credentials, or failure by the Customer to follow appropriate security practices;

6.4 attempting to access Platforms other than via a Compatible Browser, otherwise failing to adhere to required configurations, use supported platforms or follow applicable policies or using the Services in a manner inconsistent with the features and functionality of such Services (including faulty input or instructions from the Customer) or which is inconsistent with published guidance;

6.5 attempts to perform operations exceeding prescribed quotas notified to the Customer or issues arising from Sorted’s throttling of suspected inappropriate use;

6.6 use of the Services by the Customer after it was asked to modify its use of the Services but failed to do so;

6.7 a Force Majeure Event; or

6.8 breach of a Contract by the Customer, or other circumstances in which suspension is permitted by a Contract.

7. Customer’s responsibilities

7.1 Sorted’s ability to provide the Support Services relies on the Customer making a full and detailed report of the particular issue being experienced, sufficient for Sorted to reproduce the issue (where applicable) and to identify the cause. The resolution target time shall run from the point at which a full and detailed response is received.

7.2 Once a support request has been submitted the Customer must fully co-operate with Sorted to assist Sorted in resolving the issue and, where required, procure the co-operation of the Carrier and any other third party supplier to the Customer (such as IT service providers). Should the Customer at any time not promptly respond to any query raised by Sorted or be unable to procure prompt co-operation of the Carrier or other third party, then the time for resolving the issue shall be deemed suspended until an appropriate response is received.

8. Limitations

8.1 The Support Services do not cover:

8.1.1 problems caused by use of a Platform in breach of a Contract, including where the Platform is being used contrary to the Acceptable Use Policy or otherwise than as described in the Documentation;
8.1.2 use of a Platform by employees or other representatives of the Customer who are not authorised or have not received sufficient training;
8.1.3 problems caused by the Customer’s (or other User’s) own systems or networks, or by hardware, software, firmware or media not supplied by Sorted;
8.1.4 use of a Platform other than through a Compatible Browser;
8.1.5 issues caused by Force Majeure Events;
8.1.6 any issues with the Carrier Services or with the data provided by Carriers;
8.1.7 queries about the Developments, except where the query relates to a technical malfunction caused by or relating to the Developments;
8.1.8 providing training to Users;
8.1.9 rectifying errors made by Users; or
8.1.10 provision of on-site support or support at any location other than remotely from Sorted’s own premises.

8.2 In the event that the Customer requests any support of a type described in paragraph 8.1 Sorted may provide the requested support at its discretion, but shall be entitled to charge for such support at its then current day rates. These charges may be imposed retrospectively where Sorted provides Support Services without first notifying the Customer of the additional charges, for example in an emergency or where it only becomes clear that the services provided fall within paragraph 8.1 following the services being provided.

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