Telecoms Platform Support clauses

1. Telecoms Platform Availability

1.1 Definitions. The following terms are used in this clause 1.

1.2 Availability Target Trustonic will aim to achieve an Availability Target of 99.90% using commercially reasonable efforts.

1.3 Service Credits If the Availability falls below the Availability Target for any calendar month, and there are no amounts owed to Trustonic by Customer which have been outstanding for more than 60 days which are not subject to a genuine dispute, Customer may be entitled to claim a service credit for the relevant month. The value of any service credit which will be calculated in accordance with the Pricing Sheet.

1.3.1 To claim a service credit, Customer must submit a request in writing (by letter or email) to Trustonic within 30 days of the end of the month during which the Availability Target was not met.

1.3.2 If a service credit is due, Trustonic will apply the relevant service credit against the Customer’s next invoice. 

1.3.3 The payment of service credits will constitute Customer’s sole and exclusive remedy for Trustonic not achieving the Availability Target in any month.

1.4 Relief from Service Credits Trustonic shall not be deemed to have failed to meet the Availability Target where any period of unavailability is caused by any or a combination of the following:

1.4.1 any failure of the Customer (including its contractors or sub-licensees) to comply with any of its obligations, dependencies or assumptions listed in this Agreement and/or the Telecoms Platform Documentation;

1.4.2 the Customer’s failure to adhere to Trustonic’s process for raising Support Tickets (provided Trustonic has made these processes known to the Customer);

1.4.3 external network attacks that cannot be avoided with industry standard network firewalls; or

1.4.4 a Force Majeure Event.

1.5 Scheduled Maintenance Trustonic will provide Customer with at least 30 days’ notice of scheduled maintenance if an outage is reasonably anticipated, including the window of time when it will be carried out. The Customer acknowledges that, because the Telecoms Platforms are part of a global service, Trustonic cannot guarantee the timing of scheduled maintenance for individual customers (but Trustonic will use reasonable efforts to complete scheduled maintenance at a time that is least inconvenient for the majority of its customers). If unscheduled emergency maintenance is required that could affect the availability of Telecoms Platform, Trustonic will use reasonable efforts to give the Customer at least seven days prior notice.

2. Support and Maintenance

2.1 Definitions The following terms are used in this clause 2.

2.2 Resolution of Support Requests. Trustonic will use commercially reasonable efforts to respond to and resolve Incidents within the targets defined for the relevant Support Tier. However Trustonic shall have no obligation to respond to or resolve any Support Requests not caused by a defect in Telecoms Platform. Without limiting the generality of this statement, Trustonic has no obligation with respect to any incident, Incident or issue that is caused in whole or in part by either any use of Telecoms Platform that is not in accordance with the Telecoms Platform Documentation or other written instruction provided by Trustonic. Any support provided by Trustonic outside of what is described in this Agreement may be subject to additional fees.

2.3 Support Request Priorities. Support Requests will be prioritised based on the classifications in the table below. Each time Customer submits a Support Request it must make an assessment of the Priority Level. Trustonic’s initial response will be based on the Priority Level proposed by Customer. If Trustonic determines an Support Request has been incorrectly prioritised, acting reasonably it may reclassify the Incident, and if it does so, it will notify the Customer via the Support Portal of the reclassification and provide a summary of its reasoning.

2.4 Support Portal. Trustonic will provide the Customer with a login and password to access the Support Portal.

2.4.1 Customer must raise Support Tickets via the Support Portal and use the Support Portal to communicate with Trustonic about on-going Support Tickets.

2.4.2 Trustonic will respond to Support Tickets and communicate with Customer via the Support Portal. Trustonic may also contact Customer by telephone or email as appropriate.

2.4.3 Customer must always give a complete description of each Incident (including all faults observed) to enable Trustonic to identify any potential errors, and if reasonably requested to do so shall provide a reproducible case of the Incident. If a specific Device is needed to reproduce the case Customer shall provide an example of the Device to Trustonic.

2.4.4 Trustonic will provide a summary of any root cause analysis undertaken by Trustonic in respect of each Incident appropriately classified as a P1.

2.4.5 Communication on the Support Portal shall be in English or may be in the local language specified on the Contract Front Sheet.

2.4.6 If Customer incorrectly classifies an Incident as a P1 on two or more occasions, Trustonic will notify Customer (which may be by email) and Trustonic reserves the right to charge a fee of USD 500 for any subsequent Incidents are incorrectly classified as P1.

2.5 Response Times and Resolution Targets.

2.5.1 Response Times and Resolution Targets for the Support Tiers are defined in clause 2.9. and Trustonic will use commercially reasonable efforts to provide its service within these timeframes.

2.5.2 Response Times will be measured from the point at which a Support Ticket is first raised on the Support Portal which is within the applicable support hours otherwise the time will be calculated from the start of the next support hours. When calculating the time taken for Trustonic to respond to a Support Request, any period during which Trustonic is unable to progress because of a Customer dependency shall be excluded

2.6 Customer Focal Point: Customer shall provide the name and contact details of a focal point able to be contacted outside of the Standard Support Hours should it be necessary to aid the diagnosis and resolution of an Incident for which the applicable Resolution Target is stated in Support Hours. Customer’s failure to name a focal point, or the focal point not being available, shall relieve Trustonic of its Resolution Target obligations.

2.7 Support Management.

2.7.1 Trustonic will lead periodic service reviews at an appropriate frequency to be agreed with Customer.

2.7.2 For Customers subscribing to Premium Support, Trustonic will name a dedicated support manager who will manage the in-life support relationship, oversee and ensure support and service level adherence and quality.

2.8 Support Escalation. If any dispute or disagreement regarding Support and Maintenance cannot be resolved by the parties’ technical and/or support representatives, including disagreements about Priority Levels, the matter should be escalated to Trustonic’s Head of Support.

2.9 Support Tiers. Support is divided into Premium Support, Advanced Support, and Basic Support.

2.9.1 Premium Support:

2.9.2 Advanced Support:

2.9.3 Basic Support: