D2Expert Contract - Sole Trader
D2Expert Expert Agreement
Date: May 18, 2021
(1) D2Expert, a trading style of Nephos Solutions Limited, Company Registration no. 09414740, of Suite 2a, White Rose House, 8 Otley Road, Leeds, LS6 2AD. (D2Expert)
(2) of , , , . (The Expert).
Obligations of D2Expert
Obligations of The Expert
D2Expert will charge the following fees to The Expert:
Contract Term & Termination
The Initial Term of this contract will be 3 years from the date of signature, but will continue until due notice of termination is given by either party.
Either Party may terminate this agreement with 12 months notice. Without affecting any other right or remedy available to it, either party to this Contract may terminate it with immediate effect by giving written notice to the other party if the other party commits a breach which is not remedied within 14 days, suspends or ceases to trade, or suffers from an adverse financial event, which affects their ability to fulfil their obligations under this contract.
For the purposes of the services provided under this contract, D2Expert will be deemed to be The Data Processor, The Expert will be deemed to be The Data Controller.
The Controller is the data controller for the Data and the Processor is the data processor for the Data. The Data Processor agrees to process the Data only in accordance with Data Protection Laws and in particular on the following conditions:
Each party undertakes that it shall at any time during this Contract, and for a period of five years after termination of this Contract, disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party.
Neither party shall be in breach of this Contract nor liable for delay in performing, or failure to perform, any of its obligations under this Contract if such delay or failure result from events, circumstances or causes beyond its reasonable control.
This Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
No variation of this agreement shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract.
This service level agreement (SLA) describes the levels of service D2Expert provide to support The Expert, Nephex D2E and Nephex Medical Systems.
The Expert and Claimants depend on our administrative and software and services (together: ‘D2Expert services’) that are provided, maintained and supported by D2Expert and Nephos Solutions. These items are of critical importance to their business.
This service level agreement sets out what levels of administration services, availability and support The Expert is guaranteed to receive for specific parts of the D2Expert services.
This SLA forms an important part of the contract between The Expert and D2Expert. It aims to enable the two parties to work together effectively.
This SLA is between the Expert and D2Expert as identified in this agreement.
Dates and reviews
This agreement falls under the main service agreement between the Expert and D2Expert.
It may be reviewed at any point, by mutual agreement. It may also be reviewed if there are any changes to the Litigation in Person Portal, Ministry of Justice Guidance or MedCo Rules or Guidance.
Equipment, Software services covered
This SLA covers only the equipment, software and administration services below. This list may be updated at any time, with agreement from both the D2Expert and The Expert.
D2Expert guarantees response times for all items listed in this section.
These items have been assigned a priority level, from 1 (most important) to 3 (least important). The priority levels help determine the guaranteed uptime and response time.
Software & Equipment
Administrative Services Covered
D2 Expert shall provide administration for the purposes of data input and facilitating the clients of The Expert (The Claimants) to book and attend a medico-legal examination with The Expert, and return a completed report to the Claimant.
These services shall comprise of:
This SLA is written in a spirit of partnership. D2Expert will always do everything possible to rectify every issue in a timely manner.
However, there are a few exclusions. This SLA does not apply to:
Additionally, this SLA does not apply when:
This SLA does not apply in circumstances that could be reasonably said to be beyond D2Expert's control. For instance: floods, war, acts of god and so on.
This SLA also does not apply if The Expert is in breach of its contract with D2Expert for any reason (e.g. late payment of fees).
Having said all that, D2Expert aims to be helpful and accommodating at all times, and will do its absolute best to assist its customers wherever possible, working ultimately for the benefit of the unrepresented Claimant.
The Expert's responsibilities
The Expert will use D2Expert-provided IT system as intended.
The Expert will:
Guaranteed service & uptime
In order to enable The Expert to do business effectively, D2Expert guarantees that certain services and items will be available for a certain percentage of time.
These uptime levels apply to items in the administrative service, equipment, software and services covered table that show a tick in the “Covered for uptime?” column.
The level of guaranteed uptime depends on the priority level of each item:
Administration Service as per the SLA above
Measurement and penalties
Uptime is measured the using supplier’s automated systems, over each calendar month. It is calculated to the nearest minute, based on the number of minutes in the given month during the supported hours of use. These hours are deemed to be between 7am and 10pm, 7 days per week (for instance, a 31-day month contains 27,900 minutes).
If uptime for any item drops below the relevant threshold, a penalty will be applied in the form of a credit for The Expert.
This means the following month’s fee payable by The Expert will be reduced on a sliding scale.
The level of penalty will be calculated depending on the number of hours for which the service was unavailable, minus the downtime permitted by the SLA:
Failure to provide the administration service according to the SLA will result in a 25% deduction in the fee where significant delay or complaint is received that has a detrimental effect on the overall goal of delivering a report back to The Claimant within 28 days of instruction.
Guaranteed response times
When The Expert raises a support issue with D2Expert, D2Expert promises to respond in a timely fashion.
The response time measures how long it takes D2Expert to respond to a support request raised via D2Expert's online support system.
D2Expert is deemed to have responded when it has replied to The Expert's initial request. This may be in the form of an email or telephone call, to either provide a solution or request further information.
Guaranteed response times depend on the priority of the item(s) affected and the severity of the issue. They are shown in this table:
Issue severity (see Severity levels section, below)
All new incidents come into GoToAssist (The Help Desk) as To Triage. Below is a check list of what needs to be done to successfully triage a ticket.
There are five different priorities that a ticket can be set to. Below is a matrix of how these are worked out to help you pick the correct priority:
Response times are measured from the moment The Expert submits a support request via D2Expert's online support system.
Response times apply during standard weekday working hours (9am — 5.30pm) only.
Response times are measured using D2Expert’s support ticketing system, which tracks all issues from initial reporting to resolution.
It is vital The Expert raises every issue via this system. If an issue is not raised in this way, the guaranteed response time does not apply to that issue.
If D2Expert fails to meet a guaranteed response, a penalty will be applied in the form of a credit for The Expert.
The level of penalty will be calculated depending on the number of hours by which D2Expert missed the response time, minus the downtime permitted by the SLA:
For instance, if an issue is reported at 5.00pm with a response time of 60 minutes, D2Expert has until 9.30am the following day to respond.
D2Expert will always endeavor to resolve problems as swiftly as possible. It recognises that The Expert’s computer systems are key to its business and that any downtime can cost money.
However, D2Expert is unable to provide guaranteed resolution times. This is because the nature and causes of problems can vary enormously.
For instance, it may be possible to resolve a fatal server issue in minutes, simply by restarting the server. But if a server fails due to disk error or a hardware fault (also classed as a fatal issue) it may take much longer to get back up and running.
In all cases, D2Expert will make its best efforts to resolve problems as quickly as possible. It will also provide frequent progress reports to The Expert.
Out of Hours Support
D2Expert recognises that the solutions will inevitably be used out of hours, especially by reporting experts. Whilst D2Expert does not operate a formal support desk during these hours, the solutions will be expected to be running, unless a pre-arranged window has been organized for server/solution maintenance. Such maintenance, will normally take place outside weekend daytime hours (8am-9pm).
D2Expert will provide The Expert with emergency telephone numbers, which can be given out in the case of emergencies. These should be reserved for use in critical situations.
Out of hours email and numbers:
Please note, these are numbers and emails addresses for you, The Expert, to use. They are not for general distribution of dissemination to Claimants.
Administrative Support Tickets: firstname.lastname@example.org
IT and Systems Support: email@example.com, 03303356903
Leave this empty:
Your legal name
Your email address
Signed by David Pearce
Signed On: March 25, 2021
If you have questions about the contents of this document, you can email the document owner.
Document Name: D2Expert Contract - Sole Trader
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