These are the Support and Maintenance Terms referred to in the Customer Terms and Conditions. They apply to Customers who have a direct contract with Work Angel for the provision of the Services to the Customer and its Users (“Contract”).
1. DEFINITIONS
1.1 Unless otherwise stated in these terms, all definitions and rules of interpretation which apply in these terms are set out in the Customer Terms and Conditions.
2. VARIATIONS
2.1 Work Angel reserves the right to vary these terms from time to time in its sole discretion in accordance with the terms of the Contract. If Work Angel changes these terms, the changes will be posted on this page and notices may be placed elsewhere within the Work Angel Website for a reasonable period of time. These terms should be reviewed from time to time as they will apply to the Contract.
3. AVAILABILITY OF THE USER SERVICES
3.1 This clause 3 sets out the service levels which are applicable to the User Services.
3.2 For the purposes of these terms, “Available” means that the all material parts of the User Services are accessible to Users via the Website or App so as to enable the Users to use them. “Availability” shall be interpreted accordingly.
3.3 The Availability of the User Services shall be measured during each month. User Services shall be Available at least 98% of the time. Any period of time during which the User Services are not Available during any month for any of the reasons outlined below (the “Allowable Events“) shall be disregarded in any calculation of Availability of the User Services (and the User Services shall be treated as if they had been Available during the relevant times):
3.3.1 any planned maintenance carried out by Work Angel;
3.3.2 internet or other network failure or issue; and
3.3.3 anything which is beyond the reasonable control of Work Angel (including any third party service or services, such as, for example, a failure of any part of the Customer’s systems or communications networks to operate normally).Any period of non-Availability which arises as a result of any of the above Allowable Events shall not be included in any calculation of percentage Availability of the User Services and Work Angel shall not be responsible or incur any liability as a result of any such Allowable Event.
3.4 This clause 4 applies only to Customers receiving Premium Services and to the extent that the non-Availability referred to herein relates to Premium Services. If during any calendar month the User Services are not Available (other than as a result of an Allowable Event) for at least 95% of the time during that month then Work Angel shall (following receipt of a written request from the Customer), by way of liquidated damages, credit the Customer’s next invoice for the User Services with an amount equal to £1 for each 1% by which the actual Availability of the User Services is less than 95%. The foregoing amount shall be:
3.4.1 subject to an overall maximum of £100; and
3.4.2 the Customer’s sole and exclusive remedy for the non-Availability in question.
3.5 Work Angel shall be entitled to carry out planned maintenance in relation to the Website or the App. If planned maintenance may interrupt Availability then Work Angel will use its reasonable endeavours to provide reasonable notice to the Customer of the planned maintenance. Where possible, Work Angel shall use its reasonable endeavours to conduct planned maintenance during periods of low usage (usually evenings, nights or weekends).
4. SUPPORT AND MAINTENANCE
4.1 Work Angel will provide the following support and maintenance service:
4.1.1 an upgrade service as described in more detail in clause 5 of these terms;
4.1.2 a help desk support service as described in more detail in clause 6 of these terms; and
4.1.3 a technical monitoring service as described in more detail in clause 7 of these terms.All of these services include only those described in detail in these terms and are subject to the exclusions in these terms.
5. UPGRADES
5.1 Work Angel may from time to time provide a new version of the Website or App (in replacement for the previous versions) (in each case, an “Upgrade“).
5.2 If, while this agreement is in force, Work Angel makes an Upgrade generally available to its customers, it will automatically apply the Upgrade to the provision of the User Services. An Upgrade of the Website will replace the old one, so that from that point Users will be accessing the Upgrade version of the Website rather than the previous one. Upgrades of the App will be provided via the relevant app store or the Website, and Users will be promoted to download the relevant Upgrade, which will overwrite the previous version of the App on their device.
6. HELP DESK SUPPORT
6.1 This clause 6 applies only to Customers receiving Premium Services. Work Angel will provide a dedicated help desk support service (“Help Desk Support”), which shall be the Customer’s first point of contact for all technical and other queries relating to the User Services.
6.2 Support hours are 9 am to 5 pm on Working Days. Work Angel is not obliged to provide help desk support services outside those support hours unless Work Angel agrees with the Customer in a specific case to do so.
6.3 The Help Desk Support service shall be provided as follows:
6.3.1 the Customer may contact Work Angel to:
6.3.1.1 alert Work Angel to issues with the User Services, Website or App; or
6.3.1.2 raise other queries in relation to the User Services, the Website and the App, or their use;
6.3.2 if an issue with the User Services, Website or App occurs, the Customer must notify Work Angel as soon as it is reasonably possible to do so. Notification may be by phone, web or e-mail (via the numbers, URL and e-mail address provided to the Customer for these purposes from time to time during the term of this agreement);
6.3.3 once it has received notification of an issue, Work Angel will allocate the issue a reference number and will log it. Work Angel will then notify the Customer of the intended course of action and (if necessary) will use its reasonable endeavours to resolve the issue as quickly as reasonably practicable (and will keep the Customer informed of progress); and
6.3.4 other queries will be dealt with on a case-by-case basis, and Work Angel will use its reasonable endeavours to resolve any such queries as quickly as reasonably practicable.
7. TECHNICAL MONITORING AND ALERTING
7.1 Work Angel shall use commercially-recognised monitoring application software in order to monitor the operation of the User Services, the Website and the App.
7.2 The monitoring system will be set up so as to ensure that problems are alerted to Work Angel as soon as possible following their occurrence. Work Angel shall ensure that any alert is investigated as soon as reasonably possible following receipt.