© 2001-2023 Smarttask.co.uk Ltd, All Rights Reserved (May2023)
These Terms and Conditions (“Conditions”) constitute the only basis on which SkillWeb.co.uk Ltd agrees to supply the Products and/or Services. THE CUSTOMER’S ATTENTION IS DRAWN TO THE LIMITATIONS OF LIABILITY IN CLAUSE 7.
1.1 In these Conditions the following terms have the following meanings:
”Additional Order Schedule” means confirmation of an order for additional services from the Customer completing an additional order schedule or ordering via the system administrator under these Conditions which shall extend the Initial Term of this Agreement and any such extension shall become the new Initial Term;
"Applicable Laws" means a) To the extent the UK GDPR applies, the law of the United Kingdom or of a part of the United Kingdom; b) To the extent EU GDPR applies, the law of the European Union or any member state of the European Union to which SWL is subject.
"Applicable Data Protection Laws" means a) To the extent the UK GDPR applies, the law of the United Kingdom or of a part of the United Kingdom which relates to the protection of personal data; b) To the extent the EU GDPR applies, the law of the European Union or any member state of the European Union to which SWL is subject, which relates to the protection of personal data.
“Associated Companies” means in relation to a party, the holding party or any majority-owned subsidiary of such party or holding company;
“Agreement” means these Conditions, the Order Schedule and the SWL Documentation that is expressly incorporated by reference by SWL on the Order Schedule;
“Charges” means the price to be paid for the Services or Products or any other applicable Charges as specified in the Order Schedule, price list, quotation or email update or other SWL Documentation; “Commencement Date” means the date as contained in the Order Schedule;
“Consultancy” means the technology consultancy services provided by SWL;
“Contract Plan” means the contract plan purchased, the details for which are set out on the Order Schedule.
“Customer” means the individual, partnership or company and its Associated Companies or other legal entity accepting any SWL Documentation, quotation, proposal or price list as detailed in the Order Schedule;
"Customer Personal Data" any personal data which SWL processes in connection with this Agreement, in the capacity of a processor on behalf of the Customer.
"EU GDPR" the General Data Protection Regulation ((EU) 2016/679).
“Initial Term” means the period that Customer orders and SWL agrees to deliver the services as indicated on the Order Schedule on the front of these Conditions starting from Commencement Date or from the commencement of the Services by SWL or from the date of invoice of the Services.
“Intellectual Property Rights” means any discovery, invention, improvement, patent, design, process, information, copyright work (including, without limitation, rights in and to technical processes, systems, methods, software designs, algorithms, code, scripts, or other computer software), rights in databases, topography rights (whether capable of being patented or registered or not), or renewals or applications to register any such right and any other intellectual property right of any nature in any part of the world;
“Order Schedule” means the SWL Order Schedule at the front of these Conditions and incorporating these Conditions and/or the Customer’s purchase order which may be accepted by SWL provided that these Conditions are automatically incorporated into such purchase order and subject always to clause 2.1;
“Products” means the products supplied by the SWL, in delivering its services herein or other products required for the specific Customer requirement;
“SOR” means the Statement of Requirements and is a living document that embodies and describes the daily operational activities for the provision of Consultancy/Services and/or the supply and installation of Products) in combination with Services/Consultancy that shall be
agreed with SWL and Customer after the Commencement Date; “Services” means the SmartTask services SWL shall make available to the customer and are identified in detail in the relevant Service Description as part of the order documentation and service specification in relation to the Contract Plan chosen by the Customer;
“Service Description” means the description of relevant services and the service specification ordered by the Customer from SWL for the relevant contract plan each as defined in the relevant Service Description attached to these Conditions.
“SWL Documentation” means the applicable, valid and current quotation, proposal, Statement of Requirements “SOR”, Service Description, and or Additional Order Schedule;
“SWL” means Skillweb.co.uk Ltd, whose registered office is situated at Grafton House, Grafton Street, High Wycombe, Buckinghamshire, HP12 3AJ, UK. Registered in England and Wales and with registered number 03838280;
“Unit” means the number of employees, sub-contractors, agents, systems or devices purchased as part of the Contract Plan and as set out in the Order Schedule.
"UK GDPR" has the meaning given to it in the Data Protection Act 2018.
2.1 Notwithstanding a duly executed agreement to the contrary the parties contract on these Conditions which shall prevail over any inconsistent terms which Customer may seek to introduce on any purchase order or any other communication for the supply/purchase of Products or Services. Such inconsistent terms shall have no effect on any supplies made by SWL to the Customer. Subsequent orders for Products or Services may be provided under Additional Order Schedules.
2.2 SWL shall supply and Customer shall pay the Charges for Products, Consultancy and/or Services as set out in the Order Schedule and on the terms and conditions of this Agreement.
3 Consultancy & Services
3.1 Where Customer engages SWL to provide:
3.1.1 Services: Services shall be provided in accordance with the Service Description for the Charges set out the Order Schedule or as notified to the Customer; and/or
3.1.2 Consultancy: Consultancy shall be provided in accordance with the SOR or work specification at the Charge rates or sum set out in the Order Schedule or SOR.
3.2 Where Services or Consultancy contain elements of project management, the Customer and SWL shall prior the commencement of Services:
3.2.1 each nominate an authorised representative who will be the prime point of contact (“Project Manager”) for the provision of Services or Consultancy; and
3.2.2 agree the appropriate methods and frequency of monitoring the progress of Services or Consultancy and fulfilment of the Agreement; and
3.2.3 agree and define each respective parties obligations for the Services or Consultancy in the SOR.
3.3 Subject to Customer complying with its obligations of confidentiality and payment under this Agreement, SWL hereby grants a non-exclusive licence in respect of its copyright in the SWL Documentation, to the Customer to use, modify and adapt the same solely for its own internal business use with the intent that such licence shall take effect on any such copyright.
3.4 All Intellectual Property Rights shall be owned by SWL. SWL hereby licenses all such rights to the Customer free of charge and on a non-exclusive, non-transferable and worldwide basis to such extent as is necessary to enable the Customer to make reasonable use of the Services and the SWL Documentation as is envisaged by the parties. If the Supplier terminates the Agreement, this licence will automatically terminate.
3.5 SWL shall own and be fully entitled to use in any way it deems fit any Intellectual Property Rights, skills, techniques, materials, concepts or know-how acquired, developed or used in the course of performing Consultancy or Services and any improvements made or developed during the course of Consultancy or Services. Nothing herein shall be construed or give effect to any transfer of right, title or interest in SWL’s intellectual property. To the extent that the above fails, the Customer hereby assigns to SWL any rights it may obtain in the Intellectual Property Rights.
3.6 SWL warrants and undertakes to the Customer that:
3.6.1 subject to clauses 4.2 and 5 the Services will be provided in a timely and professional manner and SWL shall use its reasonable endeavours to provide the same in accordance with any time schedules agreed in writing between the parties in the Service Description or SOR;
3.6.2 the Products shall conform to the relevant SWL Documentation;
3.6.3 all times are for estimate only and time shall not be of the essence; and
3.6.4 the Consultancy will be provided with reasonable skill and care.
3.7 The Customer shall defend, indemnify and hold harmless SWL against claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with the Customer's use of the Services and/or SWL Documentation.
3.8 SWL shall defend the Customer, its officers, directors and employees against any claim that the Services or SWL Documentation infringes any copyright, trade mark, database right or right of confidentiality, and shall indemnify the Customer for any amounts awarded against the Customer in judgment or settlement of such claims, provided that:
3.8.1 the Supplier is given prompt notice of any such claim;
3.8.2 the Customer provides reasonable co-operation to the Supplier in the defence and settlement of such claim; and
3.8.3 SWL is given sole authority to defend or settle the claim.
3.9 In the defence or settlement of any claim, SWL may procure the right for the Customer to continue using the Services, replace or modify the Services so that they become non-infringing or, if such remedies are not reasonably available, terminate this Agreement on 3 business days' notice to the Customer without any additional liability or obligation to pay liquidated damages or other additional costs to the Customer.
3.10 In no event shall SWL, its employees, agents and sub-contractors be liable to the Customer to the extent that the alleged infringement is based on:
3.10.1 a modification of the Services or SWL Documentation by anyone other than SWL; or
3.10.2 the Customer's use of the Services or SWL Documentation in a manner contrary to the instructions given to the Customer by SWL; or
3.10.3 the Customer's use of the Services or SWL Documentation after notice of the alleged or actual infringement from SWL or any appropriate authority.
3.11 The Customer shall indemnify and keep indemnified SWL in respect of any losses, costs, damages, claims and/or expenses incurred by SWL due to any claims by a third party arising out of an action of Customer’s and/or use of the Service supplied to SWL by the Customer. The indemnity in this clause 3.11 shall survive the termination or expiry of this Agreement.
4 Customer Obligations
4.1 Customer agrees to perform in a timely and professional manner all Customer obligations set out in the SWL Documentation that are required for the provision of Consultancy or Services including but not limited to: access to Customer premises and equipment as is necessary; to afford SWL reasonable working conditions and facilities: to promptly furnish the information requested of the Customer in the SWL Documentation and ensure it employees or agents co-operate with SWL.
4.2 If the provision of Consultancy or Service is delayed other than through the fault of SWL Customer shall pay the Charges in respect of idle-time incurred for the delay including delay as a result of Customer’s agents or subcontractors. Any agreed time schedules shall be deferred to a reasonable period of time or no less than the period of the delay.
5 Charges and Payment
5.1 Unless agreed otherwise in writing all Charges shall be paid by Customer: (a) Service Charges by direct debit as set out in the Order Schedule or similar standing order and each case in advance and prior to the commencement or continuation of Services; or (b) as invoiced by SWL and are payable within 30 days of invoice in Sterling without deduction, set-off or retention; and (b) on delivery/performance (in whole or in part) of Products or Consultancy/Services.
5.2 The Service Charges shall be fixed for the Initial Term. SWL shall be entitled at the end of the Initial Term to increase the Service Charges by an equivalent amount equal to the Retail Price Index.
5.3 If the Customer at any time permits or suffers more Units than permitted for the relevant Contract Plan detailed on the Order Schedule to run, access or use the Services and/or, where SWL is providing Services to more Units of the Customer than is permitted number under the Contract Plan on the Order Schedule, then, without prejudice to any other rights or remedies of SWL, the Customer shall, to the extent that is has insufficient Contract Plan usage allowance and/or has not paid the Charges for such additional usage, on demand pay the relevant additional Charges for such additional Units (determined in the manner set out in the Service Description or price list in force from time to time) and interest both before and after judgement on such Charges on a daily basis from the date of the first unauthorised use at the rate set out in Clause 5.5.
5.4 All Charges and prices stated are exclusive of value added tax, sales tax, gross tax withholding tax any other similar tax which may be applicable thereto and SWL’s reasonable charges e.g. travel, hotel, subsistence, delivery & insurance, cancellation and bank charges and other charges which shall be paid by Customer at the prevailing rates.
5.5 Failure of Customer to pay the Charges or any other sum due under this Agreement shall entitle SWL without prejudice to any other rights and remedies to
5.5.1 charge statutory compensation and interest on a daily basis from the date due at the rate set under the Late Payment of Commercial Debts (Interest) Act 1998 as amended from time to time; and/or
5.5.2 suspend Services or terminate this Agreement, having given Customer written notification of intention to do so and Customer has failed to remedy its payment default within 14 days from the date of such first notification of any overdue amount.
6 Term and Termination
6.1 Notwithstanding earlier termination under clause 6.2, this Agreement shall commence on the Commencement Date and continue in full force and effect for the Initial Term (as set out in the Order Schedule or Additional order Schedule) and shall automatically renew and continue for further 12 month periods, unless a party gives at least 2 months’ written notice to the other party to terminate this Agreement prior to the end of the Initial Term or renewal term. If the notice is not issued during such period, the Agreement shall continue for a further 12 months.
6.2 Either party may, by written notice terminate this Agreement immediately without prejudice to any other rights or remedies it may otherwise have if
6.2.1 the other party is guilty of any material breach, non-observance or non-performance of any of its obligations and does not remedy the same within 14 days of notice of such breach being given by the non-defaulting party;
6.2.2 the other party becomes insolvent or makes any special arrangement or any special assignment for the benefit of its creditors, or is the subject of a voluntary or involuntary filing under the bankruptcy laws of any jurisdiction;
6.2.3 the other party is adjudicated bankrupt; or
6.2.4 a receiver is appointed for the other party’s business. The effective date of termination shall be the date of receipt of such notice.
6.3 Any termination of the Agreement shall discharge SWL from any liability for further performance and shall entitle SWL to enter Customer’s premises and recover any Products and materials which are the property of SWL and Customer shall immediately pay for any unpaid Charges, expenses and a reasonable sum for any work carried out by it prior to such termination.
7 Limitation of liability
7.1 Subject to 7.3, in no event shall SWL be liable in contract, tort (including negligence), breach of statutory duty or otherwise howsoever for: (a) any loss of profit; (b) loss of business; (c) loss of goodwill; (d) loss of contracts; (e) loss of revenues ; (f) or loss of anticipated savings; or (g) any increased costs or expenses; or (h) loss of, damage to or corruption of data; or (i) any special, indirect or consequential loss or damage of any nature whatsoever, whatever the cause thereof arising or written consent provided that this clause shall not extend to information which was rightfully in the possession of such party. Each party shall ensure that its employees are aware of and comply with the provisions of this clause.
7.2 Subject to clause 7.3 and without prejudice to clauses 7.1 and 7.3 and the Customer’s obligations to pay any Charges hereunder, the parties’ maximum liability under this Agreement is limited in respect of each event or series of connected events, as follows: (a) to £100,000 in respect of direct physical damage to or loss of tangible property; (b) to 100% of the Charges paid or payable in respect of all other events but not exceeding £50,000 in any 12 month period from the Commencement Date.
7.3 Nothing in the Agreement excludes or limits the liability of either party for fraudulent misrepresentation, death or personal injury caused by its negligence or anything that would not be permitted to be excluded under English law.
7.4 SWL’s sole obligations and liabilities in respect of the provision of the Service or Consultancy are as stated in these Conditions and SWL Documentation and all other representations (innocent or negligent), conditions, warranties and terms express or implied whether by statute, law or otherwise are hereby excluded to the fullest extent permitted by law.
8 Data Protection and Data Security
8.1 For the purposes of this clause 8.1, the terms controller, processor, data subject, personal data, personal data breach and processing shall have the meaning given to them in the UK GDPR.
8.2 Both parties will comply with all applicable requirements of Applicable Data Protection Laws. This clause 8 is in addition to, and does not relieve, remove or replace, a party's obligations or rights under Applicable Data Protection Laws.
8.3 The parties have determined that, for the purposes of Applicable Data Protection Laws SWL shall process the personal data as a processor on behalf of the Customer.
8.4 Should the determination in clause 8.3 change, then each party shall work together in good faith to make any changes which are necessary to this clause 8.
8.5 By entering into this Agreement, the Customer consents to (and shall procure all required consents, from its personnel, representatives and agents, in respect of) all actions taken by SWL in connection with the processing of SWL Personal Data.
8.6 Without prejudice to the generality of clause 8.2, the Customer will ensure that it has all necessary appropriate consents and notices in place to enable lawful transfer of the SWL Personal Data and Customer Personal Data to SWL for the duration and purposes of this Agreement.
8.7 In relation to the Customer Personal Data, the parties shall agree the scope, nature and purpose of the processing by SWL, the duration and the categories being processed. Without prejudice to the generality of the following statement, SWL will only process the Customer Personal Data for the purposes of providing the Services or Consultancy and only for the duration of this Agreement. The type of data is likely to be employee details of the Customer including names and contact details that are contained on any systems/SmartTask which SWL will be able to access. SWL confirms it will only access such personal data to the extent that it needs to provide the Services/Consultancy to the Customer and no more.
8.8 Without prejudice to the generality of clause 8.2 SWL shall, in relation to Customer Personal Data:
8.8.1 process that Customer Personal Data only on the documented instructions of the Customer or to deliver the Services, unless SWL is required by Applicable Laws to otherwise process that Customer Personal Data. Where SWL is relying on Applicable Laws as the basis for processing Customer Personal Data, SWL shall notify the Customer of this before performing the processing required by the Applicable Laws unless those Applicable Laws prohibit SWL from so notifying the Customer on important grounds of public interest. SWL shall inform the Customer if, in the opinion of SWL, the instructions of the Customer infringe Applicable Data Protection Legislation;
8.8.2 implement the technical and organisational measures to protect against unauthorised or unlawful processing of Customer Personal Data and against accidental loss or destruction of, or damage to, Customer Personal Data;
8.8.3 ensure that any personnel engaged and authorised by SWL to process Customer Personal Data have committed themselves to confidentiality or are under an appropriate statutory or common law obligation of confidentiality;
8.8.4 assist the Customer insofar as this is possible (taking into account the nature of the processing and the information available to SWL), and at the Customer's cost and written request, in responding to any request from a data subject and in ensuring the Customer's compliance with its obligations under Applicable Data Protection Laws with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
8.8.5 notify the Customer without undue delay on becoming aware of a personal data breach involving the Customer Personal Data;
8.8.6 at the written direction of the Customer and at the Customer's cost where it is being extracted and returned (at SWL's applicable charges at such time), delete or return Customer Personal Data and copies thereof to the Customer on termination of the Agreement unless SWL is required by Applicable Law to continue to process that Customer Personal Data. For the purposes of this clause 8.8.6 Customer Personal Data shall be considered deleted where it is put beyond further use by SWL.
8.9 The Customer hereby provides its prior, general authorisation for SWL to transfer Customer Personal Data outside of the UK as required for the Purpose, provided that SWL shall ensure that all such transfers are effected in accordance with Applicable Data Protection Laws. For these purposes, the Customer shall promptly comply with any reasonable request of SWL, including any request to enter into standard data protection clauses adopted by the EU Commission from time to time (where the EU GDPR applies to the transfer) or adopted by the Commissioner from time to time (where the UK GDPR applies to the transfer).
8.10 Either party may, at any time on not less than 30 days' notice, revise clause 8 by replacing it (in whole or part) with any applicable standard clauses approved by the EU Commission or the UK Information Commissioner's Office or forming part of an applicable certification scheme or code of conduct (Amended Terms). Such Amended Terms shall apply when replaced by attachment to this agreement, but only in respect of such matters which are within the scope of the Amended Terms.
8.11 Whilst SWL use commercially reasonable efforts to check for the most commonly found viruses, worm, and or trojan horses, or other newly created viruses we are not in a position to confirm that the Service or Products and any links to it will be free from such viruses and cannot accept any liability in this regard due to the fast changing nature of such threats. SWL, therefore, recommend that Customer carries out its own virus checks, particularly before opening any link or using the Products or Services out of or in connection with this Agreement even if the other has been advised of the possibility of such damages.
9.1 Each party shall treat as confidential such information obtained from the other pursuant to this Agreement and shall not divulge such information to any person (except to such party’s own employees and then only to those employees who need to know the same) without the other party’s consent.
9.2 Before issuing proceedings, the parties shall first attempt to resolve any dispute in good faith. If this cannot be resolved within 10 business days (a normal working day in England excluding bank holidays and weekends), it shall be escalated to the managing director of each party. If the dispute still cannot be resolved after a further 10 business days, then the parties shall be free to enforce their respective rights. This clause shall not apply to the non-payment of invoices unless the invoice is genuinely disputed and the Customer shall still be under an obligation to pay such part of the invoice not in dispute.
9.3 The Customer shall not assign the benefit of this Agreement in whole or in part without the prior written consent from SWL, such consent not to be unreasonably delayed or refused.
9.4 Neither Party shall be responsible for any failure to perform these obligations for reasons beyond its reasonable control
9.5 Save as expressly stated herein or the enforcement of any Intellectual Property Rights the parties hereby expressly exclude the provisions of the Contracts (Rights of Third Parties) Act 1999.
9.6 England shall be considered the principal place of performance of services or publication of material over the Internet and this Agreement shall be governed by and construed in accordance with the laws of England and Wales and the parties hereby agree to submit to the exclusive jurisdiction of the English Courts.
9.7 No failure or delay of either Party in exercising any right, power, or privilege under these Conditions (and no course of dealing between the Parties) shall operate as a waiver thereof.
9.8 If any provision of these Conditions or any part of such provision is held invalid or unenforceable, the remainder of the provisions contained herein will not be affected thereby and each remaining provision or part thereof will be valid and enforceable to the full extent permitted by law.
9.9 This Agreement is not intended to create a joint venture or partnership between the Parties and neither Party is authorised to act as the agent of the other.
9.10 This Agreement represents the entire agreement between the parties to exclusion of all other communications and supersedes all other Agreements relating to the subject matter herein.
© 2001-2023 Smarttask.co.uk Ltd, All Rights Reserved (May 2023)
Schedule 1 - SmartTask SAAS Service Description
1 General Information
1.1 Additional Contract Plans
Once a customer has signed the Master SAAS Agreement, together with the Direct Debit mandate (or other means of collection as may be agreed), the nominated administrator can order additional Contract Plans within the system through the ‘My SmartTask Account’ section of the system Administration menu. Access to the My SmartTask Account area is restricted to the System Administrator user account and certain other web users as may be authorised by the System Administrator by assigning their access rights in the system. It is the customer’s responsibility to ensure passwords to authorised accounts are kept secure. Alternatively, a customer may contact their SmartTask account manager or other sales representative.
Prices for additional Contract Plans shall be the same unit charges as the charges as set out in the Master SAAS Agreement Order Schedule or as otherwise stated on a valid quotation from Skillweb. Skillweb reserves the right to amend our Contract Plan prices as may be published from time to time in our price list.
1.2 Pay As You Go (PAYG)
Enable PAYG for Scheduled Employees:
If a customer requires additional temporary or occasional employees, they may use this feature. Charges are calculated using completed shift hours per PAYG employee for Standard or Advanced shifts. For more details and current rates, please contact your SmartTask account manager or other sales representative
The following wording and ‘tick box’ is incorporated into the SmartTask system so as to avoid unintentional and unauthorised purchases.
“I confirm that I am authorised by my company to increase the number of contracted users on the SmartTask system and understand that increasing the number of active employees or enabling PAYG will result in additional charges as detailed in the Additional Order Schedule. For further information, please click here (see text below). If you are unsure how this might impact you please contact Skillweb before proceeding”
(Pop-up Click Text)
1.4 “Maximum Active Employees on contract plan:
By increasing this limit you are purchasing additional Employee Contract Plans for the minimum term specified in your SmartTask Master SAAS Agreement. Your SmartTask Master SAAS Agreement will be automatically amended with an Additional Order Schedule and the new charges will be applied commencing on the nearest whole month. Please note that users of the SmartTask Mobile Devices are included in the employee count.
1.5 Maximum Active Mobile Devices on contract plan:
By increasing this limit you are purchasing an additional Mobile Device Contract Plan for the minimum term specified in your SmartTask Master SAAS Agreement. Your SmartTask Master SAAS Agreement will be automatically amended with an Additional Order Schedule and the new charges will be applied commencing on the nearest whole month. Please note that users of the SmartTask Mobile Devices are included in the employee count.”
1.6 WhatsApp Integration
Our WhatsApp integration supports communication of shifts with employees via the WhatsApp platform as an alternative to the SmartTask app. For more details and current rates, please contact your SmartTask account manager or other sales representative.
As SmartTask is provided as Software as a service, we commit to the following service levels:
Web Portal: To access the SmartTask Web portal customers will need a computing system which supports an up to date web browser (specific version numbers available on request). Whilst we endeavour to ensure cross- browser consistency it is possible that cosmetic and or functional differences may occur between different browsers, devices or versions of browsers. The SmartTask web portal performs best on a Windows 11 PC with 16GB of memory or more , operating the SmartTask web client on older or lower spec equipment may lead to a reduced user experience and or slower response times.
SmartTask Advanced App: To use the SmartTask Advanced App, a Smartphone is required. Whilst we endeavour to support as wide a range of devices as possible we cannot guarantee operational compatibility of any Smartphone with SmartTask unless it has been tested by us..
IVR: The SmartTask inbound IVR (interactive voice response) system where available utilises third party service providers to support interactive calls from standard domestic telephone equipment. Calls to the IVR service will incur local standard rate call charges. Where available it may be possible for us to provide an optional free phone number which will be charged at the then current rates.
1.8 Problem Reporting (by telephone/e-mail)
The customer should report all Problems and Queries in the following ways: a) by e-mail (during support hours only) to
b) by telephone (during support hours only) on 01494 292444
1.9 Support Hours
Standard support hours are 8:30 am – 5:30 pm GMT (BST) Monday to Friday excluding English Bank and Public Holidays unless agreed otherwise in writing.
1.10 Problem/Query Categories
Problems and Queries will be categorised as set out below by Skillweb in its reasonable opinion at the time each Problem or Query is reported.
|Category A||Problem arising from a central Software or Hosting fault, excluding scheduled downtime and downtime due to reasons outside Skillweb’s control, which makes the Website or Software inoperable or inaccessible. Example: Web portal inaccessible.|
|Category B||A Problem arising from a central Software or Hosting fault which makes one or more of the major areas of functionality of the Software inoperable or inaccessible. Example: Cannot create users|
|Category C||A Problem which has minimal impact on the key functionality of the Software or Hosting. Example: Typographical errors on screen.|
|Category D||A Query.|
Skillweb may subsequently change the Category of a Problem if in its opinion another category is more appropriate.
1.11 Acknowledgement Times
Within the Support Hours, Skillweb shall make reasonable endeavours to acknowledge receipt of your Problem in accordance with the following time scales:
|Reporting Method||Acknowledgement Time|
|Next working day|
Outside the Support Hours period, planned acknowledgement time will be within one working day of the start of the next Support Hours period. You must clearly state the subject of the email, to begin with “Category A” if you believe the Problem to be such. When acknowledging the Problem, Skillweb shall ascribe an incident number to the said Problem and you must quote such incident number in all related communications thereafter. Note that the speed of email communications is dependent on the integrity and performance of the internet and related networks.
1.12 Response and Resolution Times
Once a Problem has been reported to Skillweb and acknowledged by Skillweb and provided you have complied with the provisions of these Terms and Conditions and of this SLA then Skillweb shall make reasonable endeavours to provide a response, workaround or resolution within the timescales below. Response means a Categorisation of the Problem and an estimate of fix time. Workaround means a temporary fix or an operational procedure that allows you to circumvent the Problem. Resolution means a permanent resolution to a reported Problem. The times set out below shall be extended by a period equal to the time that Skillweb has to wait for a response from you to legitimate requests for information or for confirmation that a Problem can be resolved following provision of a Resolution or a Workaround.
|Response||Workaround target||Resolution target|
|Category A||2 working hours||4 working hours||4 working hours or Next Critical fix software release|
|Category B||4 working hours||Next Working Day||Next working day or Next Critical fix software release|
|Category C||Next Working Day||3 Working Days||Next scheduled software release|
|Category D||Next Working Day||N/A||N/A|