© 2001-2021 Smarttask.co.uk Ltd, All Rights Reserved (Mar 2015)
These Terms and Conditions (“Conditions”) constitute the only basis on which Smarttask.co.uk Ltd agrees to supply the Products and/or Services.
1 Definitions 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 extends the Initial Term of this Agreement;
- “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;
- “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;
- “SWL Documentation” means the applicable, valid and current quotation, proposal, Statement of Requirements “SOR”, Service Description, and or Additional Order Schedule;
- “SWL” means Smarttask.co.uk Limited, whose registered office is situated at Grafton House, Grafton Street, High Wycombe, Buckinghamshire, HP11 3AJ, UK;
- “Initial Term” means the period that Customer orders and SWL agrees to deliver the services as indicated on the Order Schedule starting from Commencement Date or from the commencement of the Services by SWL or from the date of invoice of the Services and for the period of no less than 24 months, the Initial term may be extended by Customer completing an Additional Order Schedule;
- “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 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.
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 Service 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: (a) 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 (b) 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 Customer and SWL shall prior the commencement of Services: (a) each nominate an authorised representative who will be the prime point of contact (“Project Manager”) for the provision of Services or Consultancy; and (b) agree the appropriate methods and frequency of monitoring the progress of Services or Consultancy and fulfilment of the Agreement; and (c) 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 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.
3.5 SWL warrants and undertakes to the Customer that: (a) 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; and (b) the Consultancy will conform to the standards generally observed in the industry for similar services and will be provided with reasonable skill and care.
3.6 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 3.6 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 7 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 SWL shall be entitled at any time and from time to time (subject as mentioned below) to increase/decrease the Charges by giving to the Customer not less than 10 days’ prior written notice (effective on the next collection of the Direct Debit instruction) in accordance with the direct debit guarantee.
5.3 If the Customer at any time permits or suffers more employees 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 employees of the Customer than the permitted 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 © 2001-2015 Smarttask.co.uk Ltd, All Rights Reserved (Mar 2015) the Charges for such additional usage, on demand pay the relevant additional Charges for such additional employees (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 (a) charge 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 (b) 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) thereafter this Agreement shall continue for successive 1 month periods , unless a party gives written notice to terminate this Agreement to be received by the other party at least 30 days from the date of expiry and effective at the end of the Initial Term or any renewal or extension thereof.
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 (a) 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; (b) 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; (c) the other party is adjudicated bankrupt; or (d) 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 out of or in connection with this Agreement even if the other has been advised of the possibility of such damages.
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 125% 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 to the extent that the same is prohibited by UK statute.
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.
8.1 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 prior 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.
8.2 The Customer shall not assign the benefit of this Agreement in whole or in part without the prior written consent from Smarttask, such consent not to be unreasonably delayed or refused.
8.3 Neither Party shall be responsible for any failure to perform these obligations for reasons beyond its reasonable control
8.4 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.
8.5 The UK 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.
8.6 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.
8.7 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.
8.8 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.
8.9 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.
9 Data Protection
9.1 Customer irrevocably consents to information regarding any Customer, employee or user data provided to or otherwise obtained by SWL through this Agreement ("Data") may be processed by SWL, its Sub-contractors and Associated Companies both within and outside Europe. Where Data is obtained in connection with processing Customer's orders, including the right of SWL, its Sub-contractors and Associated Companies to use Data to market more effectively SWL and its Associated Companies products and services to Customer and /or the users in the future.
9.2 SWL shall at all times seek Customer’s written consent to use the Customers name and experience of the services in any advertising or case studies that SWL wishes to promote via a press release.
9.3 Customer shall employ reasonable endeavours to obtain informed consent from its employees or users, and shall immediately give SWL notice where it has not obtained such consent or where such consent is revoked.
9.4 SWL employ up to date electronic and physical security to try to ensure that Data is kept secure in accordance with the Data Protection Act and Computer Misuse Act. Whilst we 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. We therefore recommend that Customer carries out its own virus checks, particularly before opening any link or using the Products or Services.
Schedule 1 - SmartTask SAAS Service Description
SmartTask from Skillweb.co.uk limited is an advanced and simple to use employee scheduling and mobile workforce management service that enables SmartTask customers’ to plan and manage remote staff, so they are at the right place, at the right time to meet service requirements and perform reliably. SmartTask combines intelligent rostering, live monitoring and integrated proof of attendance across both static and mobile teams, making it the ideal tool to schedule and coordinate resources efficiently and in accordance with contracted levels of service.
The service is offered and accessed via a website using a secure login. The customer subscribes via annual subscription and, optionally, has the benefit of using a smartphone downloadable application for certain remote workers.
Customer’s Admin teams may use the standard web interface to manage the employee database; set up contracts, shift patterns and tasks; schedule employees to perform the work; monitor in real-time the performance of work; take corrective action to prevent non-compliance to contract; respond to alerts and incidents; and generate management reports to prove that the customer’s resources have been engaged and evidence that the relevant customer service has been delivered.
For remote workers, basic workforce Time and Attendance of shifts worked may be recorded via simple telephone dial in and employee PIN number.
Optionally, certain remote workers may access the service via the SmartTask ‘app’ running on a smartphone (“Mobile Device Users”) affording a much higher degree of functionality including: Enhanced Proof-of-Attendance, Alerts and Incidents, and Electronic data capture (“SmartForms” – see below).
SmartTask is available in various ‘Editions’ specifically tailored to address the requirements of selected vertical markets: Security, Cleaning, Facilities Management, and Care.
The service allows you to be able to use the following functions:
Set up employee database and associated attributes such as personal data, grades, and pay rates. Manage holidays and absences including optional methods for calculating holiday accrual and payroll. Manage employee certifications required for job grade or company-wide policy and incentives.
Activate and de-activate staff so that customer can easily manage their HR resources to be available for scheduling to work rosters. (Note: Software service payment Contract Plans are priced according to the number of employees activated for scheduling and/or the number of active SmartTask mobile device users).
Set up contract locations and associated shift patterns for specified job functions or grades. Define workflows to be performed during shifts – Workflows are defined as a series of Tasks (e.g. a building security check or an individual house visit) each of which may be comprised of task steps or Checkpoints. Checkpoints are normally associated with electronic Tags which mobile device users scan with their smartphone to automatically capture GPS location, time and date (see below).
Once the contract details and employee database has been set up, the system is available for admin teams to assign appropriate people to fulfil the work and generate the rosters. SmartTask uses advanced system algorithms to automatically suggest best fit employees to schedule, taking into account such factors as availability, location, skills, working time directive and ‘learned’ prior history.
Where remote workers simply need to record their start and end of shift and perhaps submit an hourly check call, SmartTask incorporates IVR (interactive voice response) technology which allows employees to use a regular telephone to dial a fixed number and enter personal PIN and Site / Account ID codes to record time and attendance. Caller Line Identification (CLI) is supported which, for fixed registered landline telephones only, provides confirmation of the callers’ location – providing basic proof-of-attendance.
SmartTask Mobile Device Users
A much higher degree of operational control and visibility is afforded when remote workers are equipped with a smartphone running the SmartTask mobile app. SmartTask Mobile Device Users can receive their daily work schedule on their mobile phone which is subsequently used to:
• Book on and off shifts
• Record completion (or non-completion) of assigned workflows, tasks, and checkpoints
• Track and prove attendance at key locations by scanning checkpoint tags
• Perform routine data collection tasks such as: inspections, audits, vehicle checks, safety equipment checks, care service-user reports. (See SmartForms description below).
• Raise unplanned Alerts and Incidents which (optionally) generate automatic notifications for immediate action.
• Provide access to supporting information such as site plans, risk assessments, special instructions, door access codes, care notes and so on.
SmartForms is the electronic forms ‘engine’ that SmartTask provides to generate incident reports but it has far greater potential to automate existing or new business processes performed by the mobile worker using these electronic forms. In addition to capturing the type of information typically found on a paper form, SmartForms also include drop-down menus, workflow logic, images and signature capture. Each SmartForm can be set to automatically generate a notification via email and/or the control room web user screen if so required.
Whilst improving existing processes usually results in cost savings or higher quality, the ability to create new processes (e.g. inspections or audits) offers the opportunity to significantly increase revenues and profits by ‘upselling’ additional Value Add services to existing contracts or to attract new customers. It shows a real time and quick response to customer issues or opportunities.
SmartTask helps control room staff by providing at-a-glance visibility of the operation in real time as work is being performed. Various filters and view settings allow one or multiple controllers to see and manage individual sites, regions or groups of locations/contracts.
A live Active screen shows a steady stream of up-coming planned activities (e.g. shift starts, check calls, task start/end, checkpoints). If the activities are planned for a specific time, plus or minus a defined window, the system provides a visual warning as these become late or overdue and can trigger email notifications to predetermined addresses. One commonly monitored and serious non-compliance event is that of ‘dropped shifts’ and SmartTask gives this special attention via a dedicated Dropped Shift Board (or rather potential dropped shifts board). This functionality gives controllers the opportunity to take corrective action to prevent a breach in service delivery.
Alarms and incidents are brought to the attention of control room staff who are directed to view the SmartForms screen which should be duly updated to acknowledge receipt and indicate who has taken responsibility and action.
SmartTask includes a wide range of user, financial and management reports suitable for a variety of job functions and objectives. The majority of reports may be viewed on screen and exported into a choice of file formats. Certain exports may be used for subsequent import into complimentary business systems such as payroll and invoicing.
Purchasing & Billing Contract Plans
The service can be purchased using the following contract plans:
|Plan Code||Description||Priced and Billed According to:|
|STNG-EMP||Employee Contract Plan||Per Active Scheduled Employee|
|STNG-MOB||Mobile Device Contract Plan||Number Mobile Devices|
|PAYG-EMP||PAYG Active Scheduled||Number Scheduled Employees activated per day|
|PAYG-MOB||Employee PAYG Mobile Device||Number Mobile Devices activated per day|
The Master SAAS Agreement is typically created with the first order of one or more Contract Plans and these are set out in the initial SmartTask Order Schedule.
A company may have 400 permanent employees with access to a further 200 relief staff. Included in this number there may be 50 mobile device users. In this example, the customer could enter all 600 employee names into the database whilst purchasing 350 Employee Contract Plans at 2yr term (STNG-EMP-24M x quantity 350) and 50 2yr term Mobile Device Contract Plans (STNG-MOB-24M x quantity 50) each on monthly payment by direct debit. A duly authorised web user may set any of the individual employees as ‘Active’ (i.e. available for scheduling) up to a maximum number of 400 employees. If fewer than 400 are set as active we will still charge according to the number of plans purchased (see later for PAYG mode to mix permanent and temporary staff).
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 complete and return to Skillweb the Additional Order Schedule as attached.
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 pricelist.
Pay As You Go (PAYG)
Enable PAYG for Scheduled Employees:
If a customer does not wish to purchase minimum-term contracts for additional scheduled employees (e.g. for an event) enabling the PAYG mode provides the ability to manage the balance of permanent and temporary staff to optimise costs for the business. Charges are calculated as per the following example:
• 350 scheduled employees and 50 mobile devices under contract plan (i.e. maximum 400 ‘Active’)
• 600 staff on employee database, of whom, 380 are actually registered as ‘Active’ (via a simple tick box)
• 80 relief staff are required for a 5-day event
• With PAYG enabled, an admin user may temporarily exceed the contract plan limit and activate the additional 80 employees to make a new total of 460 active employees (380+80)
• At month-end, the system will calculate the charges as (460 Active - 400 on Contract Plan) = 60 employees charged at a day rate for as many days as they remained active on the system
• We advise customers to regularly monitor the balance of Contract Plan .vs. PAYG to get best trade-off between flexibility and cost. It is customer’s responsibility to manage their own costs
Enable PAYG for SmartTask Mobile Devices:
PAYG SmartTask Mobile Devices may be considered in the same way as above at a higher daily rate if previously specified in your Master Agreement or subsequent quotation.
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)
“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.
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.”
Unless otherwise detailed elsewhere in the SaaS agreement the charge rates for PAYG users and mobile devices are as follows
PAYG employees - £10p per active PAYG employee for each day they are set as active in the SmartTask system
PAYG mobile devices - £2 for each day a PAYG mobile device where they are used on the SmartTask system
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). Browsers supported include Internet Explorer, Chrome, Firefox and Safari. 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.
SmartTask Mobile App: To use the SmartTask Mobile App, an Android Smartphone is required running OS version 4 or greater. 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. A list of tested devices is available on request or customers may contact Skillweb to investigate the feasibility of validating other devices.
IVR: The SmartTask IVR (interactive voice response) system is located in the UK with the service provided on a standard domestic UK telephone number. This number can be called from any standard telephony device connected to the telephone network.
Problem Reporting (by telephone/e-mail)
Customer should report all Problems and Queries in the following ways:
b) by telephone (during support hours only) on 01494 470499
Standard support hours are 9am – 5pm GMT (BST) Monday to Friday excluding English Bank and Public Holidays unless agreed otherwise in writing.
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.
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.
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
A Problem which has minimal impact on the key functionality of the Software or Hosting. Example: Typographical errors on screen.
Skillweb may subsequently change the Category of a Problem if in its opinion another category is more appropriate.
Within the Support Hours, Skillweb shall make reasonable endeavors to acknowledge receipt of your Problem in accordance with the following time scales:
Reporting Method Acknowledgement Time
Telephone 1 hour
E-mail 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.
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 endeavors 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