Set Up Services. 5.1 Altinet shall appoint Altinet's Project Manager, who shall have the authority to contractually bind Altinet on all matters relating to this agreement. Altinet shall use reasonable endeavours to ensure continuity of Altinet's Project Manager, but has the right to replace him from time to time where reasonably necessary in the interests of Altinet's business. 5.2 Altinet shall perform the Set-up Services in accordance with the timetable set out in the Service Schedule. Altinet shall use reasonable endeavours to meet the relevant performance dates but any such dates shall be estimates only, and time shall not be of the essence in this agreement. 5.3 When Altinet considers that the Managed Services are ready for activation it shall so notify the Customer. Within five Business Days of such notification the Customer shall review the operation of the Managed Services to confirm that they function in material conformance with the Success Criteria Document. If the Managed Services fail in any material respect to conform with the Success Criteria Document the Customer shall give Altinet a detailed description of any such non-conformance (Error) in writing, within the five Business Day review period. 5.4 Altinet shall use reasonable endeavours to correct any Error within a reasonable time and, on completion, re-submit the Managed Services to the Customer. The provisions of clause 5.3 and this clause 5.4 shall then apply again, up to three additional times. If Altinet is unable to correct the Error after three attempts, either party may terminate this agreement with immediate effect by giving written notice to the other party, without further liability to the other in respect of the Error or failure to provide the Managed Services in accordance with this agreement. 5.5 If the Managed Services are found to conform with the Success Criteria Document or if the Customer does not provide any written comments within the five Business Day review period described in clause 5.3, the Managed Services shall be deemed accepted as from the date of the notification or expiry of the five Business Day review period (in each case the Acceptance Date).
Appears in 1 contract
Sources: Managed Services Agreement
Set Up Services. 5.1 Altinet shall appoint Altinet's Project Manager, who shall have the authority to contractually bind Altinet on all matters relating to this agreement. Altinet shall use reasonable endeavours to ensure continuity of Altinet's Project Manager, but has the right to replace him from time to time where reasonably necessary in the interests of Altinet's business.
5.2 Altinet shall perform the Set-up Services in accordance with the timetable set out in the Service Schedule. Altinet shall use reasonable endeavours to meet the relevant performance dates but any such dates shall be estimates only, and time shall not be 17.1 Within 7 days of the essence in this agreement.
5.3 When Altinet considers that the Managed Support Services are ready for activation it shall so notify the Customer. Within five Business Days of such notification the Customer shall review the operation of the Managed Services to confirm that they function in material conformance Start Date, Tyk will convene a workshop ("Initial Workshop") via screen share or conference call with the Success Criteria Document. If the Managed Services fail in any material respect to conform with the Success Criteria Document the Customer shall give Altinet a detailed description of any such non-conformance (Error) in writing, within the five Business Day review period.
5.4 Altinet shall use reasonable endeavours to correct any Error within a reasonable time and, on completion, re-submit the Managed Services to technical and product owners at the Customer. The provisions agenda of clause 5.3 the Initial Workshop will be to identify the following information:
(a) Supported Software and/or Services functionality currently in use;
(b) High-level roadmap for planned future adoption;
(c) High-level Supported Software and/or Services configuration;
(d) High-level Tyk environment and this clause 5.4 architecture;
(e) Third party suppliers of hosting, infrastructure or other related services; and
(f) Escalation paths and key contacts. which shall then apply again, up form part of a handbook defined herein as the "SLA Playbook".
17.2 The Customer acknowledges that the SLA Playbook shall be used to three supplement the Support Services and does not provide additional times. If Altinet is unable to correct the Error after three attempts, either party may terminate this agreement with immediate effect by giving written notice to the other party, without further liability to the other warranties in respect of the Error Supported Software and/or Services.
17.3 The format of the SLA Playbook shall be determined at Tyk's sole discretion. Tyk and/or its licensors shall, as between the parties, remain the owner of all Intellectual Property Rights in the SLA Playbook. The Customer acknowledges that it may create Intellectual Property Rights by improving or suggesting improvements to the SLA Playbook to Tyk. Any and all information relating to the SLA Playbook and provided by the Customer which results in the creation of Intellectual Property Rights shall be owned by Tyk. The Customer hereby assigns any and all rights to such Intellectual Property Rights in respect of the SLA Playbook to Tyk and waives its moral rights in respect thereof. The Customer shall execute and deliver such documents and perform such acts as may be required for the purpose of giving full effect to this clause 3.3.
17.4 The Customer shall promptly advise Tyk of any change to its infrastructure, configuration, environment and/or architecture ("Infrastructure Change") that is the subject matter of this agreement, and use its best efforts to assist ▇▇▇ in bringing the SLA Playbook in line with the Infrastructure Change. The Customer's failure to provide the Managed Services in accordance comply with this agreementclause 3.4 shall suspend any and all Service Level commitments of Tyk.
5.5 If the Managed Services are found to conform with the Success Criteria Document or if the Customer does not provide any written comments within the five Business Day review period described in clause 5.3, the Managed Services shall be deemed accepted as from the date of the notification or expiry of the five Business Day review period (in each case the Acceptance Date).
Appears in 1 contract
Sources: G Cloud 12 Terms & Conditions
Set Up Services. 5.1 Altinet shall appoint Altinet's Project Manager, who shall have the authority to contractually bind Altinet on all matters relating to this agreement4.1. Altinet shall use reasonable endeavours to ensure continuity of Altinet's Project Manager, but has the right to replace him from time to time where reasonably necessary in the interests of Altinet's business.
5.2 Altinet The Supplier shall perform the Set-up Set Up Services in accordance with the timetable set out in the Service ScheduleProject Plan. Altinet The Supplier shall use reasonable endeavours to meet the relevant performance dates set out in the Project Plan, but any such dates shall be estimates only, and time shall not be of the essence in this agreementAgreement.
5.3 When Altinet considers 4.2. On completion of each Deliverable, the Customer shall be able to access the Deliverable online in a test area of the Tribepad Platform.
4.3. The Customer agrees and acknowledges that only test data is to be input into any test area (sometimes referred to as User Acceptance Testing - UAT), of the Managed Services are ready Tribepad Platform and will ensure that Users and Admin Users do not input any Personal Data into the test area of the Tribepad Platform. Any such data entered into the test area will only be stored for activation it shall so notify the Customerup to twelve (12) months.
4.4. Within five Business Days five days of such notification the Supplier's delivery to the Customer of any Deliverable, the Customer shall review the operation Deliverable within the test area of the Managed Services Tribepad Platform to confirm confirm that they function it functions in material conformance with the Success Criteria Documentapplicable portion of the Specification. If the Managed Services fail Deliverable fails in any material respect to conform with the Success Criteria Document applicable portion of the Specification, the Customer shall give Altinet the Supplier a detailed description of any such non-conformance (“Error) ”), in writing, within the five Business Day five-day review period.
5.4 Altinet 4.5. With respect to any Errors contained in any Deliverables delivered to the Customer during the Set Up Services, the Supplier shall use reasonable endeavours to correct any such Error within a reasonable time and, on completion, re-submit the Managed Services corrected Deliverable to the CustomerCustomer vi the test area of the Tribepad Platform. The provisions of clause 5.3 4.4 and this clause 5.4 4.5 shall then apply again, up to three five additional times. If Altinet the Supplier is unable to correct the such Error after three five attempts, either party may terminate this agreement with immediate effect by giving written notice Agreement subject to the other party, without further liability to the other in respect provisions of the Error or failure to provide the Managed Services in accordance with this agreementClause 20.
5.5 4.6. If the Managed Services are found to conform with the Success Criteria Document or if the Customer does not provide any written comments within in the five Business Day review five-day period described in clause 5.3above, or if the Deliverable is found to conform with the Specification, the Managed Services Deliverable shall be deemed accepted as from by the date of the notification or expiry of the five Business Day review period (in each case the Acceptance Date)Customer.
Appears in 1 contract
Sources: Service Agreement