Schedule Support and Service Levels

1
Definitions: In this Schedule, the following terms have the stated meaning:
Term
Meaning
Actual Availability

means that the Countcentral platform and Countvision (IPU software) is:

  • accessible; and
  • materially performing in conformity with the Documentation, or, where there is no Documentation, performing as would reasonably be expected of a similar Service.
Business Hours

any day that is not a Saturday or Sunday or public holiday in Auckland New Zealand

Business Hours

the hours of 8:30 am to 5:30 pm on Business Days.

Error

means any outage, bug, defect, failure, error or vulnerability affecting the Countcentral and Countvision software that results in the Countcentral platform and or Countvision IPU’s not being Available.

  • any breach of the Agreement by the Client;
  • outages, bugs, defects, errors, failures or vulnerabilities in the Client’s or third party systems, except to the extent caused or contributed to by the Supplier;
  • factors outside of the Supplier’s reasonable control, including any Force Majeure event, Internet access, problems beyond the demarcation point of Countcentral and Countvision (the demarcation point for the Countcentral platform is the
  • Supplier’s hosting environment) or outages of, or issues caused by, third party cloud service providers used by the Supplier, except to the extent caused or contributed to by the Supplier; or
  • the Supplier’s suspension or termination of the Client’s or its personnel’s right to use the Countcentral and or Countvision software in accordance with the Agreement.
Incident

a report of an Error or suspected Error.

Priority

means the priority determined in accordance with paragraph 5ci of this Schedule. P1, Priority 1 and so on have corresponding meanings.

Resolution
  • in relation to an Error, a permanent fix or workaround;
  • in relation to an Incident, a determination that the Incident is not an Error; and
  • in relation to a request for information about the Service, the supply of the information requested.

Resolve, Resolved, and Resolving have corresponding meanings.

Scheduled Availability

means 24 hours per day, 7 days per week, excluding Scheduled Maintenance

Unavailable

the platform Countcentral, and or Countvision IPU’s are not Available, other than due to Scheduled Maintenance or an Excluded Event. Unavailability has a corresponding meaning.

2
Support and service levels: For so long as the Client pays all Fees, the Supplier will:
a
provide support for the Countcentral and or Countvision software to the Client on the terms set out in thisSchedule
b
use reasonable efforts to meet the service levels set out in this Schedule
3
Service desk: The Supplier must provide a service desk during Support Hours. The service desk may becontacted by emailing support@countculture.com
4
Availability: The Supplier will use reasonable efforts to ensure that the Actual Availability of the Countcentralhosted platform is 97.5% or more each calander month.
5
Response and Resolution:
a
Where the Client considers on reasonable grounds that there is an Error with Countcentral and or Countvision software or reasonably requires information about Countcentral and or Countvision the Supplier must:
i
provide telephone and email support in the form of consultation, assistance and advice; and
ii
use reasonable efforts to assist in the resolution of the issue (taking into account the nature andseverity of the issue).
b
Before notifying the Supplier of an Incident, the Client must use reasonable efforts to verify that the Incident relates to Countcentral and or Countvision software and is not an Excluded Event.
c
The Client may notify he Supplier of an Incident by email. The Client's notice must include:
i
priority of the Incident identified by the Client in accordance with Table 1 below; and
d
On receipt of notification of an Incident from the Client, the Supplier must immediately log the Incident andits Priority and use its reasonable endeavours to Resolve all Errors and requests for information aboutCountvision and or Countvision software in accordance with Table 2 below.
e
For priority 2, 3 or 4 Incidents, only hours and days within the Support Hours count towards response times.
Table 1 (Priorities)
Priority
Meaning
1 - Critical

Countcentral or Countvision is down; the entire Countcentral platform has halted, or Countvision cannot be accessed on IPU’s.

2 - Major

Defective Countcentral and or Countvision software functionality leading to severe loss of service (e.g. subset of critical functionality down or inoperable); significant business impact.

3 - Medium

A function of Countcentral or Countvision IPU’s is unavailable or not working as specified; important issue without significant immediate operational impact; other functions are working normally; a request for information about the Countcentral or Countvision software where the information is required urgently

4 - Minor

A function of the Countcentral or Countvision software is not working as specified and has little or no operational impact; a request for information about the Countcentral or Countvision where the relevant information is not required urgently

Table 2 (Response and Resolution timeframes)
Priority
Response time for initial response
Response time
1 - Critical

Within 4 hours of the Incident being logged during Counculture support hours

Countcentral issues resolved within 8 hours of the Incident being logged

Countvison IPU software issues resolved within 8 hours of the incident logged

Hardware Faults as follows:
Camera Replacement: Provided the failed unit is still under manufacturer’s warranty, Supplier to supply replacement (equivalent or updated hardware) which will

2 - Important

Within 4 hours of the Incident being logged during Countculture support hours

Countcentral issues Resolved within 24 hours of the Incident being logged

Countvison IPU software issues resolved within 24 hours of the incident logged

3 - Minor

Within 24 Business Hours of the Incident being logged

Countcentral issues resolved within 1 week of the Incident being logged

Countvison IPU software issues resolved within 1 week of the incident logged

6
Out-of-scope support
a
If it is not immediately apparent whether the cause of an Incident is an Error, the Supplier will use all reasonable endeavours to work with the Client to identify the cause of the Incident, and to Resolve the Incident, but recognising that the Supplier is not responsible for the Client’s equipment, software or systems except to the extent an Incidentor Error is caused or contributed to by the Supplier’s provision of the Countcentral platform, and or Countvision IPUSoftware to the Client.
b
Without limiting paragraph 6 a of this Schedule, if the Supplier becomes aware or has reason to suspect that an Incident originates in the Client’s equipment, software or systems, the Supplier will promptly notify the Client accordingly and provide the Client with any information which the Supplier holds that might reasonably be considered of assistance in resolving the Incident.