Service Level Agreement

1. Introduction
Upon acceptance of a written quotation this Service Level Agreement (SLA) describes the levels of service that ‘the client’ (‘the client’ is defined as the company denoted on the quotation) will receive from Pelican Media Ltd (PML).

This SLA should be read alongside any project-specific terms as set out in the quotation provided by PML.

2. Purpose
The client depends on equipment, software and services (together: ‘the Interactive system’) that are provided, maintained and supported by PML. Some of these items are of critical importance to the business.

This SLA sets out what levels of availability and support the client is guaranteed to receive for the interactive system.

This SLA forms an important part of the contract between the client and PML. It aims to enable the two parties to work together effectively.

3. Dates and reviews
This agreement begins on the date stated on the acceptance form which will be required to be signed upon successful installation and handover and will run for a period of 12 months. If no acceptance form is signed this SLA cannot commence.

It may be reviewed at any point, by mutual agreement. It may also be reviewed if there are any changes to the interactive system provided by PML or the client’s own IT systems.

4. Equipment, software and services covered
This SLA covers only the Interactive System items installed by PML.

Please note:

  • Third party services used within the software, such as mapping services, Matteport etc are not covered as these are provided by others. If a third party service increases their costs during the lifespan of the software developed by PML you agree to cover the costs of these items or the functionality may be limited or removed.
  • PML guarantees response times for all items supplied by PML
  • PML guarantees uptime only for all items supplied by PML

5. Licensing subscription
Your initial purchase entitles you to use of the proprietary software designed and developed by PML, and includes 12 months of software maintenance, critical bug fixes, and security patches – from the date of installation/handover.

Beyond this initial period, your software will need renewing on an annual basis, at the price stated on your original quotation, to ensure continuous access to the software and the benefits listed above. This price is subject to change to ensure we provide the best service.

PML will send a no-obligation quote 90 days before the license is to expire. You can request a quote at any time;

If you do not renew your license your software will cease to be functional.

6. Exclusions
This SLA is written in a spirit of partnership. PML will always do everything possible to rectify every issue in a timely manner.

However, there are a few exclusions. This SLA does not apply to:

  • Any software, equipment or services not purchased via PML

Additionally, this SLA does not apply when:

  • The problem has been caused by using equipment, third party software or service(s) in a way that is not recommended
  • The client has made unauthorised changes to the configuration or set up/installation of affected equipment, software or services
  • The client has prevented PML from performing required maintenance and update tasks
  • Any third party services. For example, mapping engines such a googlemaps, or 3rd party plugins such as Matteport.

This SLA does not apply in circumstances that could be reasonably said to be beyond PML’s control. For instance: power cuts, floods, war, acts of god or any external internal interference.

This SLA also does not apply if the client is in breach of its contract with PML for any reason (e.g. late payment of fees).

Having said all that, PML aims to be helpful and accommodating at all times and will do its absolute best to assist wherever possible.

7. Responsibilities
PML will provide and maintain the hardware and software supplied to the client for a period of 12 months or in line with manufacturers’ warranties (which ever ends the soonest).

Additionally, PML will:

  • Ensure relevant software, services and equipment are available to the client in line with the uptime levels listed below
  • Respond to support requests within the timescale listed below
  • Take steps to escalate and resolve issues in an appropriate, timely manner
  • Maintain good communication with the client at all times

The client will use the systems provided by PML as intended.

Additionally, the client will:

  • Provide a stable, hardwired (cat5), internet connection with a minimum download speed of 25mbs
  • Notify PML of issues or problems in a timely manner
  • Provide PML with access to equipment, software and services for the purposes of maintenance, updates and fault prevention
  • Maintain good communication with PML at all times

8. Guaranteed uptime
In order to enable the client to do business effectively, PML guarantees that certain items will be available for a certain percentage of the time.

These uptime levels apply to items in the hardware, software and services covered as described in PML’s quotations. Upon receipt of the signed acceptance form PML will ensure the items covered run with a minimum uptime of 98%.

The interactive systems are monitored by PML subject to an stable internet connection (minimum speed of 25mb) being made available to PML.

Uptime measurements exclude periods of routine maintenance. These must be agreed between PML and the client in advance.

9. Guaranteed response times
When the client raises a support issue, PML promises to respond in a timely fashion. PML will aim to acknowledge any support queries within 30 minutes.

PML is deemed to have responded when we have replied to the client’s initial request. This may be in the form of an email or telephone call, to either provide a solution or request further information.

Response times are measured from the moment the client submits a support request by calling the office on 0845 519 2711.

Response times apply during standard working hours Monday to Friday (9 am to 5.30 pm) only, unless the contract between the client and PML  specifically includes provisions for out of hours support. For instance, if an issue is reported at 5.30 pm with a response time of 30 minutes, PML has until 9.30 am the following working day to respond.

If the client has requested specific out of hours support, the terms of this will be bespokely agreed between PML and the client and set out on an client or project specific out of hours SLA or quotation.

10. Resolution times
PML will always endeavour to resolve problems as swiftly as possible. We recognise that the systems we supply are key to our clients business and that any downtime can be disruptive.

However, PML is unable to provide guaranteed resolution times. This is because the nature and causes of problems can vary enormously.

For instance, it may be possible to resolve a software issue in minutes, simply by restarting the hardware. But if the interactive fails due to a hardware fault it may take much longer to get back up and running.

In all cases, we will make our best efforts to resolve problems as quickly as possible. We will also provide frequent progress reports to the client.

11. Right of termination
PML recognises that it provides services that are critical to the client’s business.

If PML consistently fails to meet the service levels described in this document, the client may terminate its entire contract and with no penalty.

This right is available to the client if PML fails to meet these service levels more than five times in any single calendar month.