1 Definitions
Additional Services means services purchased by the Authority on an ad hoc basis during the Service Period and paid for in accordance with the provisions of paragraph 51
Annual Payment means £[♦] in [Base Date prices]
Authorised User means any person authorised by the Authority to use the Service Provider System and/or the Services
Available means when the Availability Conditions are met and Availability shall be construed accordingly
Availability Conditions means those conditions listed in paragraph 13.3
Bedding-In Period has the meaning given to it in paragraph 6.5
Core Hours means [24 hours a day, seven days a week, 365 days a year] in [the period after [♦] until [♦] in each Working Day]3
Critical Service Failure means a Severity 1 Service Failure as further described in paragraph 11
Data Network Integrity means the ability of all Authorised Users to access all applications on the Service Provider's System at all times during the Core Hours at the Data Network Throughput
Data Network Throughput means [♦]4 during Core Hours and [♦] during Non-Core Hours
Deductions means a deduction from the Payment in respect of a Service Failure or Unavailability Event made or to be made according to the provisions of this Schedule
Excusing Cause means any breach by the Authority of its obligations under this Agreement
Help Desk means the single point of contact Help Desk set up and operated by the Service Provider pursuant to the Help Desk Service described in [♦]5
Minimum Unavailability Deduction Payment [♦]6
Non-Core Hours means those hours [in a Working Day] which are not Core Hours7
Payment Period has the meaning set out in Schedule 1
Performance Level means in relation to a Service, the minimum level of performance for a Service Level which is required by the Authority if the Service Provider is to avoid the need to account to the Authority for Deductions, which levels are identified in the Output Specification for such Service
Periodic Services means Services or elements of Services which the Authority receives on a basis other than a monthly basis and in respect of which it would be inappropriate to cap Deductions at the level of Payment due in any one Payment Period 8
Permanent Repair means final Rectification following a Temporary Repair pursuant to paragraph 16
Permitted Maintenance has the meaning set out in [ICT Specification]
Rectification means, following the occurrence of a Service Failure, making good the Service Failure so that the relevant Performance Level is resumed and Rectify and Rectified shall be construed accordingly
Rectification Time means, in relation to a Service Failure the time period described as such in the relevant Output Specification
Repeat Failure has the meaning given to it in paragraph 9.1
Service Downtime means any period of time during which the Service Provider's System is Unavailable other than for Permitted Maintenance
Service Failure means any defect in or failure of the Service Provider System and/or any Service which results (or would result if Authorised Users were, at the relevant time, using that Service) in a failure to provide the Service Provider System and/or that Service in accordance with the requirements of this Agreement or which results in the provision of the Service Provider System and/or that Service to Authorised Users not complying with the requirements of this Agreement
Service Level means, in relation to a Service, the level of performance achieved by the Service Provider measured in accordance with the [Performance Standards] set out in the Output Specification for such Service
Service Provider's System means [♦]9
Severity Level means the level of severity of the effects to the Authority of a Service Failure as further described in paragraph 11
Temporary Repair means, in relation to a Service Failure [or Unavailability Event], a repair of a temporary nature that does not constitute Rectification but which the Authority has agreed satisfies the Performance Level for the relevant Service for an agreed period until a Permanent Repair can be undertaken;
Total Volume Adjustment has the meaning set out in paragraph 4
Unavailability means in relation to the Service Provider System, that the Service Provider System is not Available other than by reason of Permitted Maintenance; and Unavailable shall be construed accordingly
Unavailability Event means a continuous period in which the Service Provider's System is Unavailable.
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1 These ad hoc services are to be distinguished from volume related services (e.g. number of users on the System) which are covered by the Total Volume Adjustment in paragraph 4.
2 Insert base date for purpose of indexation.
3 To be negotiated on a project specific basis.
4 Authority to insert required standard e.g. 2mb/sec for Core and Non-Core Hours.
5 Refer to ICT Output Specification.
6 Authority to set appropriate level.
7 Authority to consider whether coverage a Non-Core Hours should extend to days other than Working Days.
8 Authority to list services provided on a periodic basis e.g. services which are provided on a once per annum basis. The Authority is permitted to spread Deductions in respect of Periodic Services over a greater number of months.
9 Authority to describe on a project specific basis. The availability of this system will be the basis on which Availability Deductions will be made