Service Level Agreement

This Service Level Agreement forms part of a Contract with the Customer, together with Learning Nexus’s General Terms and an Order Form. Defined terms used in this Service Level Agreement shall have the same meanings as set out in the General Terms. The following defined terms shall also apply.

1. DEFINITIONS

Support Desk: The system to which Customers’ representatives log any queries, – technical or non-technical, for a response from Learning Nexus’ support team.

Task: A request to Learning Nexus by the Customer to carry out a service-related undertaking.

Incident: Any failure, malfunction or abnormal performance of the Services, reported by the Customer to Learning Nexus.

Problem: An issue that may arise and is related to the Service(s), reported by the Customer to Learning Nexus.

Question: Any request for further information on a particular Service(s), reported by the Customer to Learning Nexus.

Business Hours Response Time: The time interval between the initial report by the Customer of a Task, Incident, Problem or Question to Learning Nexus and Learning Nexus contacting the Customer regarding the estimated time period required to resolve the Task, Incident, Problem or Question within business hours which are defined as Monday to Friday from 9am-5pm (on working days in England).

Time to Resolve: An estimated time interval between Learning Nexus initiating a remote resolution to the Task, Incident, Problem or Question, and the resolution ensuring that the Customer is continuing with normal service.

Hosted Services: Those services which are provided to the Customer using Internet servers that are owned and maintained by Learning Nexus (or a third party appointed by Learning Nexus).

Unavailable/Unavailability: The time period during which a Hosted Service is unavailable for use by the Customer.

2. SERVICE AVAILABILITY

2.1 Learning Nexus shall use commercially reasonable endeavours to provide at least ninety-nine (99)% availability. Learning Nexus will use an industry standard remote monitoring service to determine Unavailability.

2.2 The Hosted Services will NOT be deemed to be Unavailable if the Unavailability is the result of:

2.2.1 Scheduled and non-scheduled maintenance performed by Learning Nexus or Learning Nexus’ appointed third parties. “Scheduled Maintenance” means any maintenance of which the Customer has been that is performed during a standard maintenance window from 5pm to 9am local time. Notice of Scheduled Maintenance will normally be provided via the Support Desk. “Non-Scheduled Maintenance” shall mean any update that is required to maintain the operation or security of the servers to the latest standards;

2.2.2 Equipment or application failures;

2.2.3 Acts or omissions of the Customer, or any unauthorised use of the Services by the Customer; or

2.2.4 Any Event of Force Majeure.

2.3 Learning Nexus’ records and data (or those of its appointed third parties) will be the sole basis for all Service Unavailability calculations and determination.

2.4 If the Hosted Service does not conform with the service level set out in paragraph 2.1, Learning Nexus will, at its expense, use reasonable commercial endeavours to correct any such non-conformance promptly. Such correction constitutes the Customer’s sole and exclusive remedy for any failure or non-conformance with the service level.

2.5 Learning Nexus:

2.5.1 does not warrant that the Customer’s use of the Services will be uninterrupted or error-free.

2.5.2 does not warrant that the Services and/or the information obtained by the Customer through the Services will meet the Customer’s requirements; and

2.5.3 is not responsible (unless caused by an act or omission of Learning Nexus) for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the Services may be subject to limitations, delays and other problems inherent in the use of such communications facilities.

3. CUSTOMER SUPPORT SERVICES

Learning Nexus will respond to and make commercially reasonable endeavours to resolve any Task, Incident, Problem and/or Question submitted by the Customer within the following time frames: