Appendix 10
Service levels and incentives
1Service levels
In accordance with clauses 14.1 and 15.3 of the contract, this Appendix describes the service levels to be fulfilled from the acceptance date unless otherwise specified in this Appendix.
1.1Agreed service levels
The agreed service levels are specified individually and adapted to actual conditions. Measurement of service levels is described in more detail in clause 2 below.
1.1.1Operating efficiency
The service level for operating efficiency is […]%
As for operating efficiency during the service level test, reference is made to Appendix 8 of the contract.
1.1.2Response times
Response times and the performance ratio for these depend on the complexity of the transaction in question, see below.
Transaction category / Description/conditions where relevant / Response time in seconds for the purpose of calculating the performance ratio / Service levels for performance ratio in % / Service levels for maximumresponse time in secondsSimple / […] / […] / […] / […]
Ordinary / […] / […] / […] / […]
Complex / […] / […] / […] / […]
[More specific transaction where relevant] / […] / […] / […] / […]
[…] / […] / […] / […] / […]
As to response times and the performance ratio applicable thereto during the service level test, reference is made to Appendix 8 of the contract.
2Measurement of service levels
2.1Measurement of operating efficiency
The operating efficiency shall be measured for the system as a whole, and the operating efficiency percentage shall be calculated as follows:
Available service time x 100 %
Agreed service time
"Available service time" shall mean the agreed service time less the time when the system or part thereof cannot be used for defect-free operation due to category A, B or C defects, cf. Appendix 7, or when the response time requirements have not been fulfilled. In the event that defect-free operation cannot be maintained due to an operational impediment for which the customer is responsible, for instance faults in the customer's existing IT environment and external disruptions (power failure, faults in public data networks etc.), this shall not be deducted from the available service time. Service interruptions shall be calculated from the time when the supplier has received an adequate fault report from the customer until normal service has been reestablished.
The "agreed service time" shall be defined as [xx.xx] hours to [xx.xx] hours all working days, even if the customer is entitled to use the system all the 24 hours.
Any time spent on preventive maintenance shall not be included in the available or agreed service time. However, in case the supplier spends more time on preventive maintenance than has been agreed, the excess time spentshall be deducted from the available service time.
The operating efficiency shall be measured and calculated for one month at a time ("measuring period"), the first measuring period starting on the acceptance date.
The customer shall arrange for records to be kept of service times. In case a defect occurs, the time of occurrence, calling in of the supplier, and where relevant, the supplier's arrival and ready report, as well as the nature, cause and corrective action, shall be stated. In the case of preventive maintenance, the supplier shall state the nature thereof. Before leaving the customer, the supplier shall always deliver a service report signed by the customer. In the case of remote diagnosis, the service report shall be sent to the customer immediately when the corrective action has been completed.
2.2Measurement of response times
The response time for a transaction shall mean the time interval from when the user sends his command until the result is visible to the user and the user is able to submit a new command. A command shall mean the message sent to the system when the Enter/Return key, function key or a similar key/icon is activated.
The response times shall be measured manually with a digital stopwatch.
[Alternative wording:
The response time for a transaction shall mean the time interval from when the server receives the transaction from the network until the response is delivered by the server to the network.
The response times shall be measured with tools made available by the supplier.]
When determining whether a response time fulfils the agreed service level for the performance ratio, at least […] measurements of the response time shall be made for the transaction in question. The performance ratio shall be calculated as the proportion of the response time measurements carried out for a specific transaction that fulfils the stipulated response time for the purpose of calculating the performance ratio.
In case the maximum response time is exceeded by more than […] % or in case of non-fulfilment of a performance ratio by more than […] percentage points, this shall imply that the system is regarded as non-available from the time when this condition is notified in writing to the supplier until the condition has been remedied. Where the maximum response time is exceeded or there is non-fulfilment of the performance ratio simultaneously for several different transactions, this shall only be counted as one case of exceeding the limits.
2.3Disagreement about fulfilment of service levels
In case of disagreement as to whether the requirements for service levels have been fulfilled for a specific period, either of the parties may request the Danish IT Society (Dansk IT) to appoint an independent expert, who will then decide this question and the size of the deviation finally and binding upon both parties. Disputes about interpretation of the agreement and other legal matters cannot be decided by the expert. The expert shall decide how his fees shall be distributed between the parties, taking account of the outcome of the decision.
3Exceeding the service levels
If the calculation of operating efficiency for a period does not fulfil what has been agreed, the customer shall be entitled to a reduction in the maintenance charge in accordance with clause 16.2.2 of the contract.
For each percentage point or fraction thereof that the calculated operating efficiency is below the agreed operating efficiency, the total maintenance costs, cf. Appendix 7, shall thus be reduced by [10]%, but always at least DKK […], for the period in question.
4Incentives
4.1Punctualacceptance date
If thecustomer has approved theacceptance test for the system […] days earlier than the acceptance agreed in the time schedule, Appendix 1, thesuppliershall be entitled to a bonus ofDKK […].
4.2Defect-freeacceptance
If thesupplierconducts theacceptance testin accordance withthe time schedule and withoutdefects, apart from a maximum of […] category E defects, thesuppliershall be entitled to a bonus ofDKK […].
4.3Improvedservice levels
If during theservice level testit is observed that the operational efficiency exceeds […]% and[/or] the service levels for response times have been fulfilled and, for at least […] of the transaction categories, are […] percentage points better than the service levels specified under clause 1.1.2 above, the supplier shall be entitled to a bonus ofDKK […].
[Alternative wording:
If during the service level test it is observed that the operational efficiency exceeds […]% and[/or] the service levels for response times have been fulfilled and, for at least […] of the transaction categories, are better than the service levels specified under clause 1.1.2 above, the supplier shall be entitled to a bonus ofDKK […] for each […] percentage points that the operating efficiency and[/or] service levels for response times are better than those agreed.]
4.4User satisfaction survey
If the system, via a user satisfaction surveyafter passing the service level test, where at least […]% of the users participate, obtains an average satisfaction of […] or more on a scale from 1 to 5, where 1 expresses great dissatisfaction and 5 great satisfaction, this shall result in a bonus ofDKK […] to thesupplier.
The user satisfaction survey shall be arranged and conducted in accordance withthe steering group'sinstructions.
4.5Maximum bonus
The total bonus to which the supplieris entitled under clauses 4.1, 4.2 and 4.3 in thisAppendix shall not exceed DKK […]in the aggregate.