Agreement and Revision of the Customer Care Plan

3.3 Not later than [♦] in each Contract Year the Contractor shall submit to the Authority's Representative [in accordance with the Review Procedure]35 any update to the Customer Care Plan for that Contract Year. [The Authority's Representative and the Contractor shall agree the same.]

3.4 Not later than twenty (20) Business Days prior to the required date of implementation, the Contractor may submit to the Authority's Representative [in accordance with paragraph 3 of the Review Procedure] a revision to the Customer Care Plan showing the effect of the proposed changes to the Customer Care Plan. If the Authority's Representative does not raise comments on such proposed revision [in accordance with the Review Procedure] the Customer Care Plan (as revised) shall become the Customer Care Plan in respect of that Contract Year.

3.5 Where the Authority's Representative raises comments in respect of any item shown in a Customer Care Plan [in accordance with paragraph 3 of the Review Procedure] the parties shall meet to discuss and agree any amendments required to the Customer Care Plan. The Contractor shall amend the relevant Customer Care Plan accordingly, provided that if agreement is not reached within one (1) month of the Authority's Representative raising such comments, then the matter shall be referred to the Dispute Resolution Procedure.

3.6 The Contractor shall comply with the Customer Care Plan as agreed or determined pursuant to the Dispute Resolution Procedure.

3.7 Notwithstanding that there has been no objection to a Customer Care Plan, the Authority's Representative may, at any time, require the Contractor to amend the Customer Care Plan. The Contractor shall, within ten (10) Business Days of such notification, give written details to the Authority of:

(a) the amount of any additional reasonable costs (if any) which it will incur as a direct consequence of such change; or (as the case may be)

(b) any savings in costs the Contractor reasonably expects to arise as a direct consequence of such change,

(the Estimated Changed Costs).

3.8 The Authority shall, within a further period of ten (10) Business Days following receipt by the Authority of notification of the amount of the Estimated Changed Costs pursuant to paragraph 3.7, (at its option) either confirm or withdraw its request to change the Customer Care Plan. If the Authority does not respond within this ten (10) Business Day period, the request shall be deemed to have been confirmed.

3.9 In the event the change is confirmed or deemed to be confirmed pursuant to paragraph 3.8:

(a) the Authority shall reimburse the Contractor the direct and reasonable costs actually incurred by the Contractor as a consequence of such change up to, but not exceeding, the amount of the Estimated Changed Costs; or

(b) the relevant monthly Unitary Charge(s) shall be reduced by the amount of the Estimated Changed Costs.

3.10 The Contractor shall deliver to the Authority's Representative not less than one (1) month prior to the Planned Services Availability Date and one (1) month prior to the commencement of each subsequent Contract Year a copy of the agreed Customer Care Plan.

3.11 The Contractor shall inform Users of, by display of the appropriate information:

(a) the Contractor's performance in relation to the User Charter measured against the User Service Standards;

(b) any User comments;

(d) the results of any User Satisfaction Surveys; and

(e) display in public areas results from self-monitoring and Authority monitoring visits, liaison groups, customer comments, and complaints, reports, surveys and customer care activities.

3.12 The Contractor shall operate an User feedback system at the Facility that enables Users to make a complaint, comment or suggestion about the Services. The Contractor shall deal effectively with all complaints, comments or suggestions received about the Services. The Contractor shall comply with the Authority's Customer Complaints Procedure and shall fully and promptly notify the Authority of all complaints raised by Users.

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35 Consider on a project specific basis whether the Review Procedure should be utilised. If not then the drafting may need amending.