TELTRAC may terminate this SLA with immediate effect under the following circumstances:
1.5.1 if the Client shall commit a breach of any of its obligations under this SLA or the Services Schedule; or
1.5.2 if the Client fails to pay in full any sum of money due to TELTRAC within thirty (30) days from the due date for payment or TELTRAC considers that the Client has committed or will commit any act of bankruptcy or insolvency or has a receiver appointed or goes into liquidation.
Upon termination the Client shall pay to TELTRAC all fees, costs, and expenses then due and payable to the date of termination which shall be the date of notice from TELTRAC to the Client.
The agreement between the parties consists of this SLA, the applicable Services Schedule, and (as applicable) TELTRAC’s general terms and conditions of trade or Master Services Agreement. In the event of a conflict between the terms of these documents the order of precedence shall be as follows (the terms of the document higher in the list prevailing over the terms of any document lower in the list):
“GST” means Goods and Services Tax for the time being prescribed under the Goods and Services Act 1985.
A “working day” is a day of the week other than-
A “working hour” is an hour of a working day between 8:00am and 5:00pm.
TELTRAC offers three System Maintenance, Service and Support Plans for you to choose from depending on your requirements, as briefly outlined in the table below. The terms which apply to the provision by TELTRAC of the System Maintenance, Service and Support Plan you have chosen are set out in the Services Schedule entered into between you and TELTRAC, as amended and/or replaced from time to time.
STANDARD PLAN | STANDARD PLUS PLAN | COMPREHENSIVE PLAN (Only available on new installations) |
The Standard Plan incorporates the following maintenance and support services:
The Standard Plus Plan incorporates the standard plan features plus the following maintenance and support services:
The Comprehensive Plan incorporates the standard plus plan features plus the following maintenance and support services:
NORMAL WORKING DAYS (NOT INCLUDING PUBLIC HOLIDAYS):
8.00AM – 5.00PM
Acknowledgement / Logging
Critical | Severe | Medium | Minor | |
Any Plan | 1 Working Hour | 4 Working Hours | 1 Working Day | 2 Working Days |
Response Time
Critical | Severe | Medium | Minor | |
Any Plan | 2 Working Hours | 4 Working Hours | 1 Working Day | 2 Working Days |
Site Visit (where required and necessary)
Critical | Severe | Medium | Minor | |
Any Plan | 2 Working Hours | 4 Working Hours | 1 Working Day | 2 Working Days |
ALL OTHER TIMES
Acknowledgement / Logging
Critical | Severe | Medium | Minor | |
Any Plan | 2 Working Hours | 4 Working Hours | 1 Working Day | 2 Working Days |
Response Time
Critical | Severe | Medium | Minor | |
Any Plan | 4 Working Hours | 6 Working Hours | 1 Working Day | 2 Working Days |
Site Visit (where required and necessary)
Critical | Severe | Medium | Minor | |
Any Plan | 4 Working Hours | 6 Working Hours | 1 Working Day | 2 Working Days |
For sites outside the 20 kilometer service coverage zone the travel time from the coverage boundary to the site will be added to the maximum allowable onsite response time.
Penalty per hour | |
Critical | 30% of the total monthly fee per device affected |
Severe | 30% of the total monthly fee per device affected |
Medium | 10% of the total monthly fee per device affected |
Minor | 10% of the total monthly fee per device affected |
In support of services outlined in this Agreement, the Service Provider will respond to service-related incidents and/or requests submitted by the Customer within the following time frames:
3.1.1 The monthly fixed fee for the Security System Maintenance Plan you have chosen is specified in the Services Schedule.
3.1.2 Additional hours or site visits will be charged in accordance with the rates (if any) specified in the Services Schedule and if no rates are specified in the Services Schedule, then TELTRAC’s prevailing rates shall apply (as varied by TELTRAC from time to time).
3.1.3 All monthly fixed fees are exclusive of GST which will be paid by the Client to TELTRAC in addition to the monthly fixed fee.
3.1.4 Travel costs are charged at the rates specified in the Services Schedule.
As a rule, the parties expect and agree that all expenses and costs of Teltrac Communications are accounted for, and included within, the fees described within the SLA and/or Purchase Order.
If Teltrac Communications discovers that it must incur unanticipated expenses in the course of providing Services, the Client will be obligated to reimburse or otherwise pay for such expenses.
All air travel will be at coach rate and booked as far ahead of the departure date as possible to ensure the lowest possible fare. In addition, when Teltrac Communications is choosing flights, they are expected to select the lowest possible fare, unless preapproved by the Client Services Project Manager.
Daily lodging and meals expenses per day may not to exceed $400. Alcoholic beverages are excluded as allowable expense items. Receipts for all items over $25 or local equivalent shall be retained as an auditable item to be provided to the Client upon request.
Ground transportation shall be restricted to rental cars of intermediate class or lower. Specific exceptions due to size of party will be handled on a case-by-case basis, to be coordinated with the Client Services Project Manager. Bridge toll charges are an allowable expense. No Mark up to the actual expense incurred shall be allowed in any case.
3.1.5 Site visits included in the monthly fixed fee include the first 20 kilometres of Teltrac vehicle travel free, with any other or additional travel charged at the rates set out in the Services Schedule.
3.2.1 The Services not covered within the monthly fixed fee and any additional services that TELTRAC may agree to provide shall be charged at the service and personnel rates (if any) specified in the Services Schedule and if no rates are specified in the Services Schedule, then TELTRAC’s prevailing rates shall apply (as varied by TELTRAC from time to time).
3.2.2 All fees, costs and expenses are exclusive of GST which will be paid by the Client to TELTRAC in addition to such amounts.
3.2.3 Any service and personnel rates set out in the Services Schedule or any other costs which are specified as indicative service costs are current as at the date of the Services Schedule only. TELTRAC reserves the right to review and amend its service and personnel rates or any other costs (which are not fixed rates) up or down at any time and from time to time (including at renewal or extension of a fixed term).
3.2.4 TELTRAC reserves the right to pass on any additional charges or price increases imposed by a third-party supplier on one (1) months’ notice.
3.3.1 The Client agrees to pay all fees, costs, and expenses by the twentieth (20th) day following the date of invoice without withholding, deduction, set off or counterclaim. All payments shall be made in New Zealand dollars.
3.3.2 TELTRAC reserves the right to charge interest on any amount owing after the due date at the rate of 18% per annum on that amount accruing daily on a compounding basis from the due date until the date when payment is made. This is without prejudice or limitation to TELTRAC’s rights set out in clause 1.5 (termination) or clause 3.3.3.
3.3.3 If the Client makes any default in payment which continues for a period more than 30 days or TELTRAC considers that the Client has committed or will commit any act of bankruptcy or insolvency or has a receiver appointed or goes into liquidation then TELTRAC may suspend the provision of any Services but without prejudice to its rights to payment otherwise in respect of the Services already provided.
The following maintenance, service and support terms shall apply regardless of whether the applicable System Maintenance, Service and Support Plan is a Standard Plan, a Standard Plus Plan or a Comprehensive Plan, unless specified otherwise in the Services Schedule:
TELTRAC will provide an 0800 based Call Centre to accept fault report and service request calls at any time. TELTRAC also offers fault reporting and service requests via email call.centre@teltrac.co.nz and through TELTRAC’s Service Request System via www.teltrac.co.nz and will accept fault reports and service requests at any time.
Alternatively, if a site visit is required a technician will respond within the contracted maximum hours / times from the time the fault report or service request was lodged depending on the severity of the request.
TELTRAC will manage all third parties in the resolution of the fault or provision of the maintenance and support services and advise the Client of progress.
Service plan clients will take priority of call-out over no-Plan clients when responding to fault report calls and service requests.
TELTRAC will endeavor to meet logging, and response timeframes.
Maintenance, services and support requested shall be requested in accordance with the following:
NORMAL WORKING DAYS (NOT INCLUDING PUBLIC HOLIDAYS):
8.00AM – 5.00PM
Call 0800 8348722
Email call.centre@teltrac.co.nz
Log a Service Request via www.teltrac.co.nz
TELTRAC’s Call Centre will prompt you for equipment details and the nature of the fault report or service request.
The call will be logged at TELTRAC’s Call Centre, and a job number will be issued along with a time stamp. All faults and service requests are tracked via TELTRAC job numbers. The job number will be given to the Client representative.
TELTRAC’s Call Centre will allocate the job to a Technician who will be required to contact the Client personnel member who made the initial report or request or the Client Primary Contact or other designated client representative within the applicable acknowledgement / logging time (having regard to the severity of the fault reported or service requested) of the fault report or service request being logged, provided that any fault report or service request logged after 4.00pm on a working day shall be deemed to be logged at 8.00am on the next working day. Allocation and contact constitute the “logging” of the fault report or service request.
AT ALL OTHER TIMES
Call 0800 834 8722
Calls will be answered by TELTRAC’s messaging service. A name and contact number must be left and a TELTRAC representative will return the call within the applicable acknowledgement / logging time (having regard to the severity of the fault reported or service requested).
The person calling can also ask TELTRAC’s messaging service for the mobile number of the TELTRAC contacts.
SITE VISIT (WHERE REQUIRED OR NECESSARY)
If the fault reported or service requested requires a technician to visit the site this will be done within the maximum contracted period from the time the fault report or service request was logged depending on the priority and severity of the report or request. For sites outside the 20-kilometer service coverage zone the travel time from the coverage boundary to the site will be added to the maximum allowable onsite response.
TELTRAC shall, in its sole and absolute discretion, determine the severity level of each fault reported or service requested. The severity level shall either be deemed by TELTRAC to be Minor, Medium, Severe or Critical. The following factors shall be considered by TELTRAC in determining the relevant severity level:
Priority | Definition | Targeted Response Time |
Critical | Affects most or all of Services Affects most or all, of a Key Site. Affects most or all, Business Units. Interferes with core business functions. | Example: When AV/VC services in all or most of the major sites are unavailable, or AV/VC services across multiple sites are unavailable. Targeted Response Time: Same day – within 4 hours of incident being reported, This will include remote support |
Severe | Affects part of Services Affects part of a Key or Gold Site. Affects most or all a Silver Site. Affects part of a NZ Business Unit. Interferes with functionality that affects part of business. | Example: Loss of VC or AV connectivity across an entire site Targeted Response Time: Within 8 hours of incident being reported, This will include remote support |
Medium | Affects some of Services Affects some of a Key, Gold or Silver Site. Affects part or all of a Branch Metro or Non-Metro Site. Affects some of a Business Unit. Interferes with normal completion of work. Affects a Single / Multiple users Tasks are more difficult but not impossible to complete. Interferes with non-business-related use | Example: Loss of a wireless presentation capability Targeted Response Time: Within 24 hours of incident being reported, This will include remote support Example: When multiple users have a VC related issue e.g. a microphone is not operating correctly or when a single user has a VC or room technology related issue. Targeted Response Time: Within 48 hours of incident being reported, This will include remote support |
Minor | Localised degradation of a function or a service Affecting the delivery of a function or service to an individual | Example: Low priority – Non time sensitive Service issue. Targeted Response Time: Next Available Time This will include remote support |
Response times depend on the severity of the fault reported or service requested. The detailed tables set out in the applicable Services Schedule set out the response times for each of the different severity levels.
The response times measure how long it takes TELTRAC to log, and then respond to, a fault report or service request raised via the correct procedure and, where applicable, to make the initial site visit (if any) required.
TELTRAC is deemed to have logged the fault report or service request when it has replied to the Client’s initial request. This may be in the form of a phone call, email, or through TELTRAC’s online Service Request System.
TELTRAC is deemed to have responded to the fault report or service request when it has followed up on the logged report or request (whether remotely, electronically, including by phone, or in person) with a view to endeavouring to:
but actual resolution or remediation within any timeframe is not guaranteed.
On completion of the fault resolution or provision of service the job must be signed off by either the Client personnel member who made the initial report or request or the Client Primary Contact or other designated client representative as accepting that the fault reported, or service requested has been completed.
TELTRAC’s Service Call Centre will close the job and maintain the Client’s Fault and Maintenance register for the site.
A minimum of five (5) working days should be allowed for adding additional devices or hardware. This is subject to:
No warranty or assurance is given as to the timeframe for implementing Moves, Adds, and Changes except as expressly set out in this agreement or the applicable Services Schedule.
A request for adding additional devices or hardware shall be treated as a service request and must be made in accordance with this agreement.
Response times are measured using TELTRAC’s Job Management System SimPRO, which tracks all issues from initial reporting to resolution.
If TELTRAC fails to meet a response time, a penalty will be applied in the form of a credit (rebate) for the Client.
This means the following month’s fee payable by the Client will be reduced on a sliding scale.
The level of penalty (rebate) will be calculated depending on:
The amount of response time penalties / rebates will be calculated in accordance with the table set out in the applicable Services Schedule. TELTRAC may vary the method of calculation of response time penalties / rebates from time to time in its sole discretion.
Response time penalties (rebates) in any month are capped at 50% of the total monthly fixed fee under this agreement and the applicable Services Schedule.
Response times are measured for normal working days (not including Public Holidays) from 8:00am to 5:00pm except as otherwise expressly agreed in accordance with this agreement and the applicable Services Schedule.
The Client must:
Failure to do these things precludes the application of service levels, response times, and any corresponding penalty or rebate obligations.
Teltrac’s responsibilities and/or requirements in support of this Agreement include:
Any maintenance, service and support items not specified in the Schedule are excluded under this agreement.
The exclusions and limitations of liability set out in TELTRAC’s general terms and conditions of trade and/or Master Services Agreement shall also apply to this agreement as if they were set out in full in this agreement, including without limitation the following provisions:
7.1.1 TELTRAC shall not be liable for any indirect, incidental, special, or consequential damages (including damages for interruption of services, loss of business, loss of profits, loss of revenue, loss of data, or loss or increased expense the Client or any third party incurs), whether in action in contract, warranty, tort (including negligence), or strict liability. The limitations set out in this clause shall not apply to personal injury or direct physical damage to tangible property deliberately or negligently caused by TELTRAC.
7.1.2 To the extent (if any) that TELTRAC is held to be liable to the Client, TELTRAC’s total liability in any twelve (12) month period arising out of or in connection with this agreement will not in any circumstances (whether arising in action in contract, warranty, tort (including negligence), or strict liability) exceed the lesser of:
The force majeure provisions set out in TELTRAC’s general terms and conditions of trade shall also apply to any failure or delay by a party in complying with any obligation imposed on that party under this agreement if the failure of delay arises directly or indirectly from an event of circumstance reasonably unforeseeable or beyond that party’s control and not arising from the fault or insolvency of that party.
The dispute resolution procedure set out in TELTRAC’s general terms and conditions of trade shall also apply to any matter arising between the parties concerning this agreement as if those dispute resolutions clauses were set out in full in this agreement.
7.4.1 The SLA shall be governed by and construed in accordance with the laws applicable in New Zealand and each party submits to the non-exclusive jurisdiction of the courts of New Zealand.
7.4.2 The Client will not assign, transfer, or otherwise dispose of any of its rights or sub-contract any of its obligations under this SLA without TELTRAC’s prior written consent.
7.4.3 This SLA or any Services Schedule is deemed to be signed (or executed) by a party if that party has signed or attached that party’s signature to an original, a photocopy or a PDF email image copy of that document and delivered it in any such format to the other party. All the executed formats together shall constitute a binding agreement between the parties.
Occupational Health & Safety (OS&H) requirements are extremely important to the business of Teltrac Communications.
Client Responsibilities
The Client shall provide Teltrac Communications with a current and accurate handbook detailing the Customer’s OS&H requirements.
The Client shall inform Teltrac Communications of any changes to the Customer’s OS&H requirements as soon as possible after being advised by Customer.
Teltrac Communications Responsibilities
Teltrac Communications will observe OS&H requirements as Provided by the Client for Customer site.
If this Agreement is terminated by either party, the parties will jointly work on developing and executing a Disengagement plan, avoiding or minimizing any disruption to the End-Customer business.
During the disengagement period, both parties will comply with their respective obligations under, and in the manner required by, the Disengagement Plan. If there is any inconsistency between the Disengagement Plan and any provision of this agreement, the Disengagement Plan will have precedence.
1. GENERAL
2. PRICE AND TERMS OF PAYMENT
A. General Terms
3. INSTALLATION
Any hardware or labour required to assist with the build or configuration of the client network will be charged at standard rates (assuming work is done inside of normal hours).
Where the client network is at fault or configured incorrectly, any time consumed by AA technicians as a result will be on charged at standard rates.
4. INSPECTION OF GOODS
The client shall inspect the Goods on delivery and shall within seven (7) days of delivery (time being of the essence) notify Teltrac Communications of any alleged defect, shortage in quantity, damage, or failure to comply with the description or quote. The client shall afford Teltrac Communications an opportunity to inspect the Goods within a reasonable time following delivery if the client believes the Goods are defective in any way. If the client shall fail to comply with these provisions the Goods shall be presumed to be free from any defect or damage. For defective Goods, which Teltrac Communications has agreed in writing that the client is entitled to reject, the liability of Teltrac Communications is limited to either (at the discretion of Teltrac Communications) replacing the Goods or repairing the Goods
5. CREDIT
Teltrac Communications reserves the right to withdraw or refuse credit for any reason at any time.
6. WARRANTIES AND LIABILITIES
7. RISK AND TITLE