Terms & Conditions

BRIGHTON & HOVE CITY COUNCIL – ADDITIONAL TERMS AND CONDITIONS OF SERVICE

1. DEFINITIONS AND INTERPRETATION

1.1 In the Schedule, the rules of interpretation (including defined terms) set out in the Conditions and Special Conditions shall apply.

1.2 In this Schedule, unless the context otherwise requires, the following terms shall have the meanings ascribed to them below:

“Additional Conditions”

means the terms and conditions set out in Additional Conditions 1 (Definitions and Interpretation) to 3 (Service Credits) (inclusive) of this Schedule 2a;

“Customer Site Closure”

means where a Customer site closes down entirely and the exclusions to this definition shall be determined by the Council;

“Persistent Breach”

means:

(a) Any circumstance where the Service Threshold is reached; and / or

(b) the Service Provider repeatedly breaching any of the terms of this Contract in such a manner as to reasonably justify the opinion that its conduct is inconsistent with it having the intention or ability to give effect to the terms of this Contract;

“Service Credit”

means the sums attributable to a Service Failure;

“Service Failure”

means a failure by the Service Provider to provide the Services in accordance with any agreed key performance indicator;

“Service Threshold”

means the level below which the quality of the Services or any part thereof becomes unacceptable to the Customer;

“SLA”

means the Service Level Agreement that sets the agreed service level for the Schools ICT South East Grid for Learning, as set out in the document called “Schools ICT South East Grid for Learning Managed Internet SLA” available on BEEM;

2. TERMINATION

2.1 Either party may terminate the Contract at any time, where:

2.1.1 a Customer Site Closure occurs; or

2.1.2 Where the Service Provider fails to remedy an SLA default specified in a Default Notice and the failure amounts to a Persistent Breach.

2.2 For the avoidance of doubt, the following would not give rise to a termination right in accordance with Additional Condition 2.1.1 above (however the below is not an exhaustive list):

2.2.1 the Customer academising;

2.2.2 the Customer changing their name;

2.2.3 the Customer building new premises on the same site and transferring some or all of their operations to this new premises;

2.2.4 the Customer relocating to another site.

2.3 Where the Customer terminates the Contract in accordance with Conditions 8.1 and 8.2 of Schedule 1a, the Termination Costs shall amount to the Charges that the Customer would have paid for the remainder of the Contract Period had the termination not occurred.

3. SERVICE CREDITS

3.1 The Council shall provide the Customer with any Service Credits received from the Service Provider which relate to provision of the Services to the Customer.