Please read this Service Schedule in conjunction with DuoCall MSP’s Master Services Agreement and Privacy Notice which can be found on DuoCall MSP’s Website.

DuoCall MSP’s Master Services Agreement, which has been accepted by the Customer, applies to this Service Schedule.

1. DEFINITIONS AND INTERPRETATION

1.1. In this service schedule (Service Schedule) the following words shall have the following meanings and other defined terms shall have the same meaning as set out in the Master Services Agreement:

2. MASTER SERVICES AGREEMENT

2.1. This Service Schedule incorporates the terms of the Master Services Agreement. For the avoidance of doubt, in the event of conflict between the Master Services Agreement and the terms of this Service Schedule, the terms of this Service Schedule shall prevail.

2.2. Expressions defined in the Master Services Agreement and used in this Service Schedule have the meaning set out in the Master Services Agreement unless otherwise defined. The rules of interpretation set out in the Master Services Agreement apply to this Service Schedule.

2.3. The Agreement constitutes the entire agreement between the parties in respect of its subject matter. The Customer acknowledges that it has not relied on any statement, promise, representation, assurance or warranty DuoCall MSP has made or given, or which has been made or given on DuoCall MSP’s behalf which is not set out in the Agreement.

2.4. The Agreement shall govern the Services provided under this Service Schedule to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

3. SUPPLY OF THE MAINTENANCE SERVICES AND PROGRAMMING

3.1. DuoCall MSP shall supply the Services:

3.1.1. at the Site or remotely; and

3.1.2. in accordance with the Agreement.

3.2. The Customer acknowledges that it has limited rights to terminate the Agreement during any Minimum Term or Subsequent Term (as the case may be). These rights are set out in:

3.2.1. Clause 4.3 in the case of Legacy Protect; and

3.2.2. the Master Services Agreement.

3.3. Except where the Customer is a Microenterprise or Small Enterprise Customer or Not-For-Profit Customer, if upon the expiry of the Minimum Term or Subsequent Term (as the case may be) the Customer has not given notice to DuoCall MSP to terminate the Agreement in accordance with the Master Services Agreement, DuoCall MSP will continue to supply the Services to the Customer for the Subsequent Term or further Subsequent Term (as the case may be).

3.4. DuoCall MSP warrants to the Customer that the Services will be provided using reasonable care and skill.

3.5. DuoCall MSP shall have the right to make any changes to the Services which are necessary to comply with applicable law or safety requirement, or which do not materially affect the nature or quality of the Services, and DuoCall MSP shall notify the Customer in any such event.

3.6. The Support Hours for the Services shall depend on the Maintenance Level selected by the Customer.

3.7. The Services may comprise:

3.7.1. a technical response from a telephony engineer appointed by DuoCall MSP who will raise a Fault Ticket on DuoCall MSP helpdesk system;

3.7.2. remote connection for diagnosis and, to the extent possible, correction of the Fault;

3.7.3. a Site visit by DuoCall MSP’s service engineer if the Fault is not resolved (or work around not implemented) remotely in accordance with Clause 3.7.2.

3.8. Except where the Customer is subscribed to Legacy Protect, the provision of 24/7 Emergency Support shall be chargeable and payable by the Customer at DuoCall MSP’s prevailing rates for labour, materials, and any other applicable costs. The Customer acknowledges and agrees that such charges will apply in respect of any emergency support services requested or required outside the scope of their subscribed plan.

3.9. If the Customer repeatedly misuses or uses the 24 x 7 Emergency Support contact number for any issues other than a Major Fault category as defined in paragraph 1 of Schedule 1, DuoCall MSP:

3.9.1. will apply a call out charge to the Customer’s account and the reported issue will only be dealt with during Working Hours; and/or

3.9.2. may withdraw the 24 x 7 Emergency Support contact number, and the Customer shall not be permitted to use it; and/or

3.9.3. reserve the right to apply engineer call out and hourly charges if the issue reported is found to be the result of Customer error, or misuse of the 24 x 7 Emergency Support contact number.

3.10. The Customer acknowledges and agrees that Change Requests:

3.10.1. must only be reported by way of a Support Request during Working Hours; and

3.10.2. to the extent such Change Request is technically feasible, will be performed during Working Hours only (unless otherwise agreed by DuoCall MSP in writing); and

3.10.3. will be prioritised lower than a Fault; and

3.10.4. except where the Customer has an active subscription to Legacy Protect, is not subject to any Service Levels.

3.11. Subject to clause 3.10, DuoCall MSP reserves the right to charge additional charges for Change Requests requested and/or performed outside of Working Hours. DuoCall MSP will notify the Customer of any additional charges payable by the Customer as a result of DuoCall MSP agreeing to perform a Change Request outside of Working Hours before DuoCall MSP actions the relevant Change Request.

3.12. DuoCall MSP shall use its reasonable endeavours to complete Change Requests within 12 Working Hours (for Customers subscribed to Legacy Protect) or a reasonable timeframe (for Customers receiving Standard Support Services) of receiving a Support Request from the Customer. Time shall not be of the essence for performance of any Change Request under any Maintenance Level.

3.13. Any and all alterations to Equipment may only be carried out by DuoCall MSP or an agent appointed by DuoCall MSP. In the event that the Equipment has been altered by a third party or the Customer, DuoCall MSP shall not be obliged to provide the Services and shall be entitled to terminate the Agreement with immediate effect without liability to the Customer.

3.14. The Customer acknowledges and agrees that DuoCall MSP’s ability to perform its obligations under the Agreement is dependent upon: the Customer providing DuoCall MSP, its employees, agents, subcontractors and all other persons duly authorised by DuoCall MSP with full, safe and uninterrupted access (including remote access) to the Site, Customer’s premises, Customer Computer System, facilities and software as may reasonably be required for the purpose of performing the Services. Where the Services are to be performed at any of the Customer’s premises, the Customer shall provide adequate working space and office facilities (including telephone) for use by DuoCall MSP, its employees, agents and subcontractors and take reasonable care to ensure their health and safety, and comply with all applicable health and safety laws and regulations. Where remote access is required by DuoCall MSP, the Customer shall facilitate such remote access by promptly installing and running any remote access tools reasonably required and/or provided by DuoCall MSP.

3.15. DuoCall MSP shall have no obligation to provide the Services where a Fault arises from:3.15.1. misuse, incorrect use of or damage to the Equipment caused by the Customer, its employees, agents or subcontractors or from any cause other than use in accordance with the manufacturer’s specifications and DuoCall MSP’s written guidelines.; or

3.15.2. repairs, adjustments, tampering or alterations to the Equipment caused by the Customer, its employees, agents, subcontractors or from any cause other than use in accordance with the manufacturer’s specifications and DuoCall MSP’s written guidelines.; or

3.15.3. failure to maintain the necessary environmental conditions for use of the Equipment including without limitation maintaining the location where the Equipment is installed at normal room temperature and in a well-ventilated area; or

3.15.4. any relocation or installation of the Equipment by any person other than DuoCall MSP or a person acting strictly in accordance with DuoCall MSP’s written instructions; or

3.15.5. any surge of electrical power; or

3.15.6. any fault, failure or change in the electricity supply service and/or host telephone systems; or

3.15.7. exposure of the Equipment to adverse weather conditions; or

3.15.8. use of the Equipment in combination with any equipment not provided by DuoCall MSP, or any Fault in any such equipment; or

3.15.9. any breach of the Customer’s obligations under the Master Services Agreement or this Service Schedule; or

3.15.10. the Customer’s failure to comply with DuoCall MSP’s instructions, whether written or oral, relating to the use, storage, maintenance, or operation of the Equipment; or

3.15.11. operator error.

3.16. DuoCall MSP shall not be liable for costs of making good defects in the overhead and underground cables from any associated wiring.

3.17. Any maintenance services carried out by DuoCall MSP caused by an event set out in Clause 3.15 or to making good defects described in Clause 3.16, or any of the exclusions or exemptions listed in paragraph 7 of Schedule 1 shall be an Additional Service. DuoCall MSP may charge the Customer for such Additional Service at its prevailing man-hour rate.

3.18. For the avoidance of doubt, DuoCall MSP is under no obligation to provide Additional Services, and any such services shall only be provided at DuoCall MSP’s sole discretion and subject to separate agreement and charges.

3.19. A description of the Services shall be set out in the applicable Order Form and the Service Levels applicable to them are set out in Schedule 1 and Schedule 2.

4. LEGACY PROTECT – SERVICE ASSURED PRODUCT

4.1. Subject to payment of the applicable Charges, DuoCall MSP shall provide the Customer receiving Legacy PBX with Legacy Protect in accordance with the provisions of this clause 4 and Schedule 2 of the Master Services Agreement (Service Assured Products).

4.2. Subject to paragraph 3 of Schedule 2 of the Master Services Agreement, DuoCall MSP shall provide Legacy Protect to the Customer from the Service Assured Product Commencement Date and shall continue to make Legacy Protect available to the Customer for successive periods of 30 (thirty) days (each 30-day period being a Rolling Monthly Term).

4.3. DuoCall MSP or Customer may give written notice to the other, not later than thirty (30) days before the end of a Rolling Monthly Term, to terminate Legacy Protect and termination shall take effect on the last calendar day (inclusive) of the following Rolling Monthly Term. For the avoidance of doubt, termination of Legacy Protect, however arising, shall not terminate the Agreement or affect the continued provision of Standard Support Services, which shall remain in full force and effect for the remainder of the Term, unless otherwise terminated in accordance with the terms of the Agreement. Only Legacy Protect will cease upon termination pursuant to this clause 4.3.

4.4. The Customer shall pay the applicable Charges for Legacy Protect on a monthly basis in advance.

4.5. Where the Customer is subscribed to Legacy Protect, and a Fault occurs affecting the Customer’s Legacy PBX system, DuoCall MSP shall use reasonable endeavours to deploy a Hosted Telephony solution within forty-eight (48) hours of request from the Customer, subject always to technical feasibility and availability of necessary hardware. The temporary deployment and provision of Hosted Telephony under Legacy Protect shall be governed by, and subject to, the terms of the Service Schedule for Voice Telephony Services (https://duocall.co.uk/legal).

4.6. Where Hosted Telephony is deployed under Legacy Protect, the Customer acknowledges and agrees that, in addition to the terms set out in this Service Schedule, the Master Services Agreement, and the applicable Order Form, DuoCall MSP’s Service Schedule for Voice Telephony Servoce shall apply to the provision of Hosted Telephony (https://duocall.co.uk/legal). For the period in which the Customer is receiving Hosted Telephony, the Customer further agrees to comply with all obligations of the Customer set out in DuoCall MSP’s Service Schedule for Voice Telephony Services.

4.7. Subject to the terms of this clause 4, where the Legacy PBX experiences a Fault or the Customer submits a Change Request, DuoCall MSP shall use its reasonable endeavours to deliver the enhanced Service Levels set out in Schedule 2 for the duration of the Customer’s active Legacy Protect subscription.

4.8. The completion of any Change Request by DuoCall MSP is subject to technical feasibility and the terms of this Service Schedule. Where a Change Request is deemed technically feasible by DuoCall MSP, DuoCall MSP shall carry out the Change Request during Working Hours pursuant to Schedule 1 and Schedule 2.

4.9. The Customer acknowledges and agrees that DuoCall MSP does not monitor emails or its CRM system Out-of-Hours. Any request by the Customer for 24/7 Remote Support must be made by telephone. Any requests or reports made by email Out of Hours will not be actioned until the next Working Day.

4.10. In the event that the Customer elects not to transition to Hosted Telephony in replacement of Legacy PBX and DuoCall MSP is unable to remedy the relevant PBX Fault, the Customer shall be entitled to terminate the Agreement solely in respect of the Legacy PBX services by providing 30 days’ written notice to DuoCall MSP. In such circumstances, the Customer shall not be required to pay the Balance of Contract relating to the Legacy PBX Services.

4.11. Under the Legacy Protect service provision, the Customer shall be entitled to one (1) complimentary annual visit from an engineering expert chosen by DuoCall MSP, upon request. This visit may be used for PBX system review, optimisation, or technical consultation, and shall be scheduled at a mutually agreed time.

For existing Customers:

4.12. After providing the Customer with not less than 30 days’ prior written notice, the Legacy Protect may be automatically applied to the Customer’s invoice and will be provided free of charge for one (1) month (the Trial Period) unless the Customer notifies DuoCall MSP otherwise pursuant to clause 4.13.

4.13. The Customer may cancel Legacy Protect at any time before the commencement of or during the Trial Period by contacting DuoCall MSP’s Customer Service Department and DuoCall MSP will cancel Legacy Protect by the end of the Trial Period.

4.14. If the Customer wishes to continue using Legacy Protect after the Trial Period, no notification to DuoCall MSP is required. In such case, DuoCall MSP will automatically continue to provide Legacy Protect, and the Customer will be charged the monthly subscription fees as notified in the free trial notice pursuant to Clause 4.12.

24/7 Remote Support for Legacy Protect:

4.15. Where the Customer has elected for Legacy Protect, which includes 24/7 Remote Support, this covers the provision of 24/7 Remote Support for all Faults (including during UK Bank Holidays) subject to the terms of this Service Schedule.

4.16. 24/7 Remote Support does not include certain add ons, moves and changes including but not limited to time of day routing changes, hunt group changes, extension programming, auto-attendant changes or other Change Requests. The Customer accepts that such changes shall be made during Working Hours only unless otherwise agreed by DuoCall MSP in writing. DuoCall MSP will notify the Customer at the time of their Support Request for remote support if their Support Request is not covered by the applicable Maintenance Level and what additional Charges will apply.

4.17. All remote programming, moves and changes are dependent on DuoCall MSP having remote access to the Customer’s telephone systems and technical feasibility. The Customer acknowledges that, in the event that DuoCall MSP does not have such remote access or is unable at the time to remotely access the Customer’s telephone system(s), DuoCall MSP will notify the Customer that they are unable to complete the work and a Site visit would be required. Following such notification:

4.17.1. the response times for Legacy Protect shall not apply; and

4.17.2. within 8 Working Hours of such notification, DuoCall MSP will contact the Customer to arrange a mutually agreed date and time for a Site visit time with the Customer. The Customer acknowledges that any Site visit may incur additional Charges, including but not limited to engineer call-out fees, travel expenses, and hourly labour rates. DuoCall MSP shall notify the Customer of the applicable Charges in advance of attending the Customer’s Site.

5. GENERAL

5.1. The exclusions and exceptions set out in paragraph 7 of Schedule 1 shall apply to the measurement and calculation of the Service Levels.

5.2. At the Customer’s cost, the Customer shall ensure that DuoCall MSP shall have such remote and other access to the systems and infrastructure of the Customer as DuoCall MSP shall require to provide the Services and comply with its obligations under the Agreement.

5.3. In the event that DuoCall MSP is required to engage with BT or other supplier to perform the Services, DuoCall MSP shall not be liable for any failure to meet the Service Levels.

5.4. The Services are limited to the Equipment specified in the Order Form unless otherwise agreed by DuoCall MSP in writing.

5.5. Subject to clause 5.4, if, during the Term, the Customer purchases further Equipment (Additional Equipment) and requests that such Additional Equipment benefits from the Services provided under this Service Schedule, the provision of such services will be subject to the terms and selected Maintenance Level of the existing Agreement between DuoCall MSP and the Customer subject to any increase to the applicable Charges payable by the Customer as notified to it in writing.

5.6. Fair Usage: the Services including but not limited to configuration or programming requests are subject to fair usage. The Customer should be able to use the Services in an appropriate and reasonable manner to meet its needs but if the Customer’s configuration or programming requests are over and above fair usage, being more than one Change Request per Working Day each month, and more than one remote training session per quarter, DuoCall MSP will inform the Customer and provide the Customer with a quotation to perform the request. DuoCall MSP would not proceed with any request until it receives the Customer’s acceptance of any charges in writing.

5.7. If the Customer’s Change Requests or programming requests are over and above fair usage, DuoCall MSP will inform the Customer and provide them with a quotation to perform the request. DuoCall MSP would not proceed with any request until it receives the Customer’s acceptance of any charges in writing.

6. THE CUSTOMER’S OBLIGATIONS

6.1. In addition to the obligations set out in the Master Services Agreement, the Customer shall:

6.1.1. co-operate with DuoCall MSP in all matters relating to the Services;

6.1.2. provide DuoCall MSP, its employees, agents, consultants and subcontractors, with access to the Site and other facilities as reasonably required by DuoCall MSP;

6.1.3. keep and maintain all materials, equipment, documents and other DuoCall MSP property (DuoCall MSP Materials) at the Site in safe custody at its own risk, maintain DuoCall MSP Materials in good condition until returned to DuoCall MSP, and not dispose of or use DuoCall MSP Materials other than in accordance with DuoCall MSP’s written instructions or authorisation; and

6.1.4. where the Customer does not have any Manufacturer Software Support in place, pay for any Manufacturer Software Support required to rectify a Fault.

6.2. If the Equipment is to be connected to Third Party Telecoms Apparatus, the Customer shall at the Customer’s expense arrange for and maintain the provision of any Third Party Apparatus specifically required for the Customer’s use of the Equipment.

6.3. The Customer shall nominate a manager to be available to liaise with, and respond to queries from, DuoCall MSP (for example, as to the resolution of conflicting priorities between two or more items of support or maintenance). Each nominated manager will have authority to settle or resolve matters for an on behalf of the Customer.

6.4. If DuoCall MSP’s performance of any of its obligations under the Agreement is prevented or delayed by any act or omission by the Customer or failure by the Customer to perform any relevant obligation (Customer Default):

6.4.1. DuoCall MSP shall without limiting its other rights or remedies have the right to suspend performance of the Services until the Customer remedies the Customer Default, and to rely on the Customer Default to relieve it from the performance of any of its obligations to the extent the Customer Default prevents or delays DuoCall MSP’s performance of any of its obligations;

6.4.2. DuoCall MSP shall not be liable for any costs or losses sustained or incurred by the Customer arising directly or indirectly from DuoCall MSP’s failure or delay to perform any of its obligations as set out in this Clause 6.4; and

6.4.3. the Customer shall reimburse DuoCall MSP on written demand for any costs or losses sustained or incurred by DuoCall MSP arising directly or indirectly from the Customer Default.

 

Schedule 1 – Service levels

The following Service Levels will apply to the Standard Support Services:

1. DEFINITIONS

2. PRIORITY CLASSIFICATION

2.1. Fault Tickets are logged, classified, and assigned a priority with DuoCall MSP’s ticketing system.

2.2. DuoCall MSP shall prioritise all Support Requests based on its reasonable assessment of the severity of the Fault reported by the Customer and respond to all Support Requests in accordance with the response times specified in the table set out below:

2.3. The Service Levels are target response times only and do not constitute performance guarantees. Failure by DuoCall MSP to meet any Service Level shall not constitute a breach of this Agreement, nor shall it entitle the Customer to terminate the Agreement, withhold payment for Services provided, or claim any form of compensation, unless expressly agreed otherwise in writing.

2.4. DuoCall MSP reserves the right to reclassify the priority level of any reported issue following initial assessment or upon implementation of a temporary workaround. Such reclassification shall be communicated to the Customer and shall be final unless otherwise agreed in writing by DuoCall MSP. For example, Priority 1 issues may be downgraded to Priority 2, and Priority 2 issues may be downgraded to Priority 3, following the application of a temporary solution.

3. TARGET RESPONSE

3.1. Response times will be measured as the time between a Ticket being received by DuoCall MSP’s technical support team and the initial response received by the Customer’s representative from DuoCall MSP’s technical support team.

3.2. The Service Levels are target response times only and do not constitute performance guarantees. Failure by DuoCall MSP to meet any Service Level shall not constitute a breach of this Agreement, nor shall it entitle the Customer to terminate the Agreement, withhold payment for Services provided, or claim any form of compensation, unless expressly agreed otherwise in writing.

3.3. Where restoration or resolution of a Fault is delayed due to third-party dependencies (being circumstances beyond DuoCall MSP’s reasonable control, including but not limited to delays caused by third-party suppliers or the provision of defective or incompatible goods or services by such suppliers) DuoCall MSP shall not be liable for any resulting delay, impact, or failure to meet the applicable Service Levels or performance targets.

3.4. To enable DuoCall MSP to meet the service standards set out under this Schedule 1, at the request of DuoCall MSP or its Authorised Provider, the Customer shall ensure that its personnel are onsite and that remote access to the Service and/or Software, or affected product or system is available to allow remote diagnostics and maintenance. Where remote access is required by DuoCall MSP, the Customer shall facilitate such remote access by promptly installing and running any remote access tools reasonably required and/or provided by DuoCall MSP.

3.5. The Service Levels shall only apply to Faults traced to DuoCall MSP’s or its Authorised Provider’s Service platform and not to Customer CPE and Customer network connectivity related Faults.

3.6. It is technically impracticable to provide a Fault free Service and DuoCall MSP does not undertake to do so.

3.7. The Customer acknowledges that DuoCall MSP’s ability to meet the Service Levels is dependent on the Customer providing timely access, information, and cooperation. DuoCall MSP shall not be liable for any delay or failure to meet the Service Levels where such delay or failure is attributable to the Customer’s failure to provide reasonable assistance, access, or communication.

4. CHANGE REQUESTS

4.1. Except where the Customer is receiving Legacy Protect, the Customer acknowledges and accepts that Change Requests are not subject to any Service Levels unless agreed otherwise by DuoCall MSP. e

4.2. Where covered by the applicable Maintenance Level, DuoCall MSP will use its reasonable endeavours to complete any Change Requests requested by the Customer in the Target Response time specified paragraphs 4.1 and 4.5 of this Schedule 1, however any such time is an estimate only and time shall not be of the essence for performance of any Change Request.

4.3. All Change Requests shall be submitted by email only.

Standard Change Request

4.4. Cost: as agreed between in the parties in advance of DuoCall MSP providing the Services.

Priority Change Request (Legacy Protect only)

4.5. Target Response: estimated to be 12 Working Hours (subject to paragraph 4.7 of this Schedule 1).

4.6. Cost: N/A

4.7. The Customer acknowledges that any Change Request will only be completed remotely if DuoCall MSP has remote access to the Customer’s telephone system. The timescales within the Service Levels set out under this Schedule 1 in respect of Change Requests do not apply if a Site visit is required to complete the Change Request.

5. CUSTOMER REPORTING

5.1. The Customer shall request Services by way of a Support Request.

5.2. With each Support Request, the Customer shall provide DuoCall MSP with:

5.2.1. the date and time at which the problem occurred;

5.2.2. the Services which the problem affected;

5.2.3. the impact of the problem on the Services including a detailed description of the issue, including, but not limited to, the components involved, and any other information that DuoCall MSP may reasonably require; and

5.2.4. and any other information that DuoCall MSP may reasonably require.

5.3. Customer shall provide DuoCall MSP with:

5.3.1. prompt notice of any Faults which it becomes aware of; and

5.3.2. such data, documents, information, assistance and remote access to the Customer Computer System, as are reasonably necessary to assist DuoCall MSP to reproduce operating conditions similar to those present when the Customer detected the relevant Fault and to respond to the relevant Support Request.

5.4. Faults shall be reported by the Customer to DuoCall MSP’s Customer Service Department by email or by telephone only.

6. SUPPORT BOUNDARY

6.1. For the avoidance of doubt, DuoCall MSP is not responsible for:

6.1.1. the Customer’s:

6.1.1.1. PC or server hardware; or

6.1.1.2. operations systems, third-party software or software owned by the Customer;

6.1.2. the Customer’s Site network configuration;

6.1.3. solution administration and configuration including but not limited to creating/maintaining campaigns, users, groups, routing strategies;

6.1.4. dialler management and configuration;

6.1.5. the Customer’s workstation software replacement, installation or modifications;

6.1.6. access to third party client portals or software;

6.1.7. software not provided by DuoCall MSP including but not limited to OS, Virus Scanner, Backup Tools etc. Such software is outside of this Service Schedule; or

6.1.8. the Customer’s telephone system(s) or internal telephony or data connectivity and circuits, UNLESS such telephone system(s), internal telephony or data connectivity and circuits have been supplied by and are managed and / or maintained by DuoCall MSP at the date the report is issued.

7. EXLUSIONS AND EXCEPTIONS

7.1. The following exclusions and exceptions apply to the measurement and calculation of the Service Levels:

7.1.1. incidents affecting the Customer Equipment outside of this Service Schedule;

7.1.2. incidents on BT applications and / or network and application equipment due to acts or omission of the Customer;

7.1.3. incidents reported by the Customer not observed/confirmed by DuoCall MSP or its Authorised Provider;

7.1.4. DuoCall MSP is unable to reproduce operating conditions similar to those present when the Customer detected the relevant Fault;

7.1.5. disruptions occurring within pre-notified engineering works window;

7.1.6. failure of access from suspension of the Services pursuant to this Service Schedule or the Master Services Agreement;

7.1.7. outages due to scheduled maintenance are excluded from service level calculations;

7.1.8. outages due to unscheduled upgrades, requested by the Customer that cannot be performed during the regularly scheduled maintenance windows;

7.1.9. outages due to applicable national laws, customs, or regulations;

7.1.10. outages due to incidents of Force Majeure Events;

7.1.11. any failure caused by: (i) any act by the Customer (ii) any unreasonable failure to act by the Customer, (iii) unavailability of Customer personnel in order to determine and/or identify and/or isolate the problem, or (iv) the Customer’s delay in installations, or (v) the Customer’s applications, equipment or third party suppliers;

7.1.12. outages whereby DuoCall MSP or its Authorised Provider is unable to gain access to the Customer’s Site, for reasons attributable to the Customer, to carry out necessary repair work; or

7.1.13. unavailability of the BT application and / or Network as a result of problems with environmental conditions including but not limited to power, climate, housing, switch off at the Customer’s Site, the Customer’s failure to follow agreed procedures, the introduction of unauthorised changes to supplier CPE (if applicable) or failure of the Customer’s Equipment.

 

Schedule 2 – The Services

1. Services and Service Level Definitions