(a) An Availability Failure or Incident Failure will be categorised according to its severity. Its categorisation will determine the response and rectification times given to the private party in respect of that failure. The help desk (which is to be notified of each Service Failure) will determine the initial categorisation of an Availability Failure or Incident Failure. Government may alter the categorisation, and any such re-categorisation will stand pending the resolution of any dispute.
(b) Where the private party disputes the re-categorisation of an Availability Failure or Incident Failure, it may refer this to the independent expert for resolution. If government's re-categorisation is subsequently determined to be incorrect, the private party will be compensated for any reduction in the service fee.