MANAGING THE SERVICE Clause Samples

MANAGING THE SERVICE. PSTN / ANALOGUE LINES 10.1 Support in respect of any PSTN / Analogue element of the Service will be provided via BT. If the Customer reports a fault in any PSTN / Analogue element of the Service, the default BT repair service levels applicable from time to time will apply (unless otherwise agreed in writing with the Supplier), details of which are set out on the Supplier’s Website. 10.2 If the Customer reports a fault and the Supplier finds that there is none, or that the Customer has caused the fault, the Supplier reserves the right to charge the Customer for any work undertaken to discern the reported fault. 10.3 In respect of the PSTN / Analogue element of the Service: 10.3.1 the Supplier’s total liability (whether in contract, tort (including negligence) or otherwise) for any losses or costs caused to the Customer in respect of the support provided via BT shall be limited to the compensation actually received by the Supplier from BT in respect of such losses or costs.

MANAGING THE SERVICE. HBT Communications will use all reasonable Endeavours’ to correct any reported fault as soon as reasonably practicable.

MANAGING THE SERVICE. 4.1. Where a fault is reported by the Customer in relation to the Services, the Supplier will respond in line with the level of repair service the Customer has requested and as set out in the Service Level Agreement. 4.2. Where the Supplier or BT agree to work outside of the hours covered by the repair service (specified in the Service Level Agreement), the Customer must pay the Supplier applicable additional charges for doing so (as quoted to the Customer in advance). 4.3. Where the Customer reports a fault and the Supplier finds that there is none, or that the Customer has caused the fault, the Supplier may charge the Customer for any work undertaken to remedy the reported fault in line with its standard charges for such additional services (as quoted to the Customer in advance).

MANAGING THE SERVICE. This Call-Off Contract is for Services with outcome based deliverables and will be operated as follows: ● The Supplier Staff will be under the day to day direction and control of the Supplier, not DWP; ● Any quality and non-delivery issues will be raised by DWP directly with the Supplier rather than the individual Supplier Staff; ● The Supplier will be held accountable by DWP for non-delivery of the Services, not the individual Supplier Staff; ● The Supplier is able to substitute the individual Supplier Staff to undertake the Services within this Call-Off Contract as long as they have the equivalent experience and qualifications of the substituted individual Supplier Staff member. ● This contract will not be used to fill roles that already exist in DWP Services under this Call-Off Contract will be consumed via individual work packages, with Charges based on the Contract Charges tables above. Charges relating to each work package are detailed in the table below.

MANAGING THE SERVICE. 13.1 The Supplier does not warrant or guarantee that the Service will be free of faults or interruptions. 13.2 The Customer shall promptly report all Service Failures to the Supplier. Without prejudice to condition 13.1, the Supplier shall: a) use reasonable endeavours to repair or procure that BT repair a Service Failure by midnight on the first weekday (not including public and bank holidays) after the day the Service Failure is reported to the Supplier; b) to keep any appointment BT makes with the Customer under the Contract. 13.3 The Supplier’s obligation under condition 13.2 does not apply in circumstances where: a) the Service Failure is caused by any party other than BT; b) BT is rejected access to the Premises by the Customer; or c) BT reasonably asks for other help and the Customer does not provide it; or d) the Customer is in breach of the Contract. 13.4 In the event it is not possible to repair a Service Failure by the time period referred to in 13.2(a), the Customer may elect to use call diversion (as described in condition 14 below). This service will only be made available to the Customer if it is reasonably practicable to do so, and the Customer acknowledges that technical restrictions may prevent the Supplier/BT from providing this service. 13.5 In the event that the Service fails to operate and the Customer makes use of another service provider, the Supplier will not be liable for that service provider’s charges or fees. 13.6 The Customer may be charged for any maintenance or repair work carried out in the event that the Customer reports a Service Failure and the Supplier finds that no Service Failure exists, or that the Customer has caused the Service Failure. 13.7 To the extent that repairs are required outside of the timeframes referred to in condition 13.2(a) and are agreed to be provided by the Supplier or BT as appropriate, the Customer shall pay any additional charges incurred as a result.

MANAGING THE SERVICE. 5.1. This Call-Off Contract is for Services with outcome based deliverables which will be detailed in the Statement of Works awarded and will be operated as follows: o The Supplier Staff will be under the day to day direction and control of the Supplier, not DWP; o Any quality and non-delivery issues will be raised by DWP directly with the Supplier rather than the individual Supplier Staff; o The Supplier will be held accountable by DWP for non-delivery of the Services, not the individual Supplier Staff; o The Supplier is able to substitute the individual Supplier Staff to undertake the Ser- vices within this Call-Off Contract as long as they have the equivalent experience and qualifications of the substituted individual Supplier Staff member. o This contract will not be used to fill roles that already exist in DWP Schedule 2: Call-Off Contract Charges For each individual Service, the applicable Call-Off Contract Charges (in accordance with the Supplier’s Digital Marketplace pricing document) can’t be amended during the term of the Call-Off Contract.

MANAGING THE SERVICE. The Provider is required to:  Display, or show/explain to young people, a notice explaining use of data collected as part of the C-Card service.  Have an agreed complaints and feedback procedure that service users can use to log complaints or concerns. These will always be fed back to the scheme co-ordinator at East Sussex County Council (ESCC) according to the East Sussex C-Card suggestions and complaints procedure.  Have and adhere to its confidentiality policy at all times when providing the C-Card scheme. This policy will be displayed in an area where young people accessing the scheme can see it.  Have and adhere to its child protection and safeguarding policies at all times when providing the C-Card scheme. All staff will have been trained in child protection and safeguarding.  Have and adhere to its information governance policy at all times when providing the C-Card scheme.  Have a designated post holder and deputising post with responsibility for reporting and managing serious incidents. Your agency/organisation will agree with the Council its procedure for the reporting of serious incidents, which will be in accordance with the Councils policy for ‘The Management of Serious Incidents Reported by Providers of Public Health Services’.  Ensure sufficient staff coverage to ensure continuity of service, should circumstances arise, that will enable fulfilment of the terms of the contract.  Ensure management time is available to provide effective management of the service including regular individual and group supervision.  Ensure that sufficient management time is available for contract management, including attendance at any requested meetings in relation to the contract.  Demonstrate that the organisation is sufficiently financially robust and will use the allocated funds for the purpose of delivering and developing the service.  Ensure that the service complies with all the Health and Safety standards outlined in the Terms and Conditions of Contract.  Effectively utilise information technology (IT) to facilitate accurate recording and monitoring data.  Ensure adequate cover arrangements are put in place for holidays and sickness.  Ensure all staff members that have contact with organisations and groups carry and make available service recognisable appropriate forms of identification.  Submit accurate and timely monitoring and performance data.

MANAGING THE SERVICE. 4.1. Where a fault is reported by the customer in the Service, Modutel will respond in line with the level of repair service the Customer has chosen. 4.2. If ▇▇▇▇▇▇▇ or BT agrees to work outside the hours covered by the repair the Customer has chosen, the Customer must pay ▇▇▇▇▇▇▇’s additional charges for doing so. 4.3. If the Customer reports a fault and ▇▇▇▇▇▇▇ finds that there is none, or that the Customer has caused the fault, Modutel may charge the Customer for any work undertaken to discern the reported fault.

MANAGING THE SERVICE. 4.1 If the Customer reports a fault in the Service, Telecom Networks will respond in line with the level of repair service the Customer has chosen, there are 3 care levels, all single premium business lines carry a care level 2, care level 3 and 4 are both chargeable and carry a high service level agreement for repairs. If you require a copy pls ask and the care levels can be sent to you. Care level 2 is default and is free of charge. This carries a response of the next working day; this does not mean the service will necessarily be repaired depending on the severity but there will be a response from Openreach by the end of the next working day. 4.2 If Telecom Networks / Openreach agrees to work outside the hours covered by the repair service the Customer has chosen, the Customer must pay additional charges for doing so. 4.3 If the Customer reports a fault and Telecom Networks and/or BT Openreach finds that there is none, or that the Customer has caused the fault, Telecom Networks will pass the charge to the customer as they in turn will be charged from the operator. When Telecom Networks receives notification from a customer they are asked to follow out the first line checks, if the checks are not carried out and customer demands an engineer and the fault is found to be that of the end users equipment this will be a chargeable visit, known as ‘no fault found or fault on customers premises’, this could be an internal cable – Telecom Networks do their upmost best to ensure all first line checks have been carried out prior to arranging any engineer visits so that unnecessary charges are not passed to the customer, however we have to take the information on the merit that the client tells us verbally on the call, all calls are recorded to protect both parties in the event of a dispute. Prior to raising an Openreach fault the service agent will summarise that you as the customer accept the call out charges for the engineer visit if no fault is found, these vary in cost depending on the type of fault and or engineer but start from £118.00 up to £250.00.