4.2  Notice of a Service Performance Shortfall

♦  If the Authority or the Contractor or the Authority's Representative  believes that a Service Performance Shortfall may have, or has occurred, then that party must give notice to the Helpdesk, which shall contain the following information:

•  details of the Area where the Service Performance Shortfall occurred;

•  details of the relevant fault including, where applicable, the relevant Rectification Priority Category believed to be applicable to the relevant Service Performance Shortfall; and

•  where relevant, the Service believed to be subject to the Service Performance Shortfall.

♦  At the time the call is placed, or written notice is provided, to the Helpdesk the potential Service Performance shortfall shall be categorised as one of two types:

•  Service Performance Shortfall where a Rectification Period is specified;

•  Service Performance Shortfall where the Services fail to meet the required qualitative standards or KPIs as tested by the Authority or Contractor in line with the performance monitoring and testing regime and there is no Rectification Period.

♦  Should the Authority and Contractor disagree as to whether a Service Performance Shortfall has occurred, an Unavailability Override applies, or any of the limitations on Deductions are applicable, then the Authority's decision shall prevail for the purposes of calculating Service Failure Deductions. The Contractor may refer the matter to the Dispute Resolution Procedure.

♦  Where the Authority Service Performance Shortfall Notice is provided directly to the Helpdesk, then the time of such notification shall constitute the Logged Failure Time in relation to such Service Performance Shortfall.  Where the same failure is reported more than once, the earliest reported time shall constitute the Logged Failure Time.

♦  If, prior to the provision of an Authority Service Performance Shortfall Notice in relation to a Service Performance Shortfall, the Contractor believes that a Service Performance Shortfall has occurred then it shall give notice to the Helpdesk which shall contain the information referred to in paragraph 4.2.1.  The time of such notification will constitute the Logged Failure Time in relation to such Service Performance Shortfall and the Helpdesk shall notify the Authority's Representative promptly after its receipt of a Contractor Service Performance Shortfall Notice and of the details contained within it.

♦  The Authority Service Performance Shortfall Notice or the Contractor Service Performance Shortfall Notice shall be given to the Helpdesk either orally or in writing.  The Contractor shall, within one hour of the relevant Logged Failure Time (and without prejudice to the expiry of the relevant Rectification Period) confirm orally or in writing to the Authority's Representative whether it agrees that such fault has given rise to a Service Performance Shortfall.  If the Contractor's Representative does not agree then paragraph 4.2.3 shall apply.