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| Title: | CSGUK_SYSTEMS |
| Notice: | No restrictions on keyword creation |
| Moderator: | KERNEL::ADAMS |
|
| Created: | Wed Mar 01 1989 |
| Last Modified: | Thu Nov 28 1996 |
| Last Successful Update: | Fri Jun 06 1997 |
| Number of topics: | 242 |
| Total number of notes: | 1855 |
160.0. "Barclays Contract info..." by KERNEL::TRAVELL (John T, UK_Remote_Services_Support) Tue Feb 09 1993 09:51
From: NAME: Janet Fitzsimons @HHL
FUNC: Barclays Team
TEL: 7847 5615 <FITZSIMONSJ AT A1TOWER AT YUPPY AT HHL>
Date: 02-Feb-1993
Posted-date: 02-Feb-1993
Precedence: 1
Subject: BARCLAYS VAX CONTRACT
To: See Below
THIS MESSAGE IS FROM THE BARCLAYS SERVICE CENTRE
JOHN HEWITT AND MARK GORMAN
------------------------------------------------------------------
Please distribute this note to all your Unit Managers, Resource
Controllers and Engineers who have any contact with Barclays and
it's subsidiary companies:
Barclays Commercial Services Ltd.
Barclays De Zoete Wedd
Barclays Financial Services Ltd.
Barclays Metals Ltd.
Barclays Stockbrokers Ltd
Barclaytrust International Ltd.
Dial Contracts Ltd.
You will all know that, during the last 12 months, we have been
negotiating with Barclays a new contract for the maintenance of
the Vax based equipment. The start of this was an ITT sent out to
a number of vendors including Granada & Sorbus. We were not the
cheapest but after a lot of discussion we concluded a "with
intent" agreement to start from the 1st of September 1992. We
have for the last 3 or 4 months been finalising the detail of the
service and of the contract. Signature of the contract we hope
will be in the next month to 6 weeks.
This is the first Europe wide service contract defining service
and price for both companies. Initially it is for only 2 years
but it is critical that we get a renewal which we would like to be
for 5 years, as Olivetti recently achieved for the Desk Top
contract they hold.
This contract is worth a minimum of �3.1m before any uplift in
service from the BARCLAYS CORE WINDOW OF 08.30 - 17.30.
I attach a copy of the implementation plan which is a long
document and covers all locations throughout Europe.
I also enclose a copy of a note sent out to Barclays users
regarding the new service.
NOTE. THIS CONTRACT DOES NOT CHANGE ANY EXISTING PROCESS FOR THE
HANDLING OF CALLS FOR THE BRANCH CONTROLLERS.
The basis of the contract is DSS service but has some variations;
we must, however, ensure that we do not do work that is not paid
for as we have had to be very competitive and there is no FAT in
the contract. We do, however, have do the best we can and when we
go over and above normal service performance we must record it and
ensure that it is recognised by the bank as a valuable hidden
extra they get from having a contract with us. This should help
us when the renewal comes along. WE HAVE,THEREFORE, TO BLOW OUR
OWN TRUMPET WHENEVER THE OPPORTUNITY ARISES.
The following is a brief overview of the new contract which I hope
will help you and your teams to understand the new situation.
1. The core hours are 08.30 - 17.30 but can be increased, by the
payment of additional fees. We need everyone talking to the
customer to sell up the covered hours. Used carefully this
can generate significant additional revenue. (Please contact
Lorna Jackson or Trish Smith on 7851 1024 or 1373 for details
of current cover, SMART is currently being updated as the new
contract is SOLD around the bank.
2. There is a performance guarantee based on UPTIME.
3. There is a GOAL (not a guaranteed fix time) of 7 hours
including response.
4. Response is 4 hours or 2 hours if the city service is taken
in the areas we offer it.
5. We have to provide reports at a variety of levels of all work
done, faults attended to and the overall value of the
contract. (I am sure you will all know how difficult it is
to get meaningful reports in some areas).
6. We have put in place a Focal Call Desk in Warrington which
will receive ALL calls and will manage them in whatever way
they believe to be correct. This will mean to some degree a
different way of working for your engineers but we hope this
will create the minumum of extra work.
7. There is an escallation process that is routed through the
FCD to the Account team and Barclays Service Centre.
8. All calls for work will be managed through the FCD, ie Moves
Per Call work, DECsite etc.
9. Per Call etc invoices will be raised in Warrington based on
LARS etc provided by your engineers.
10. Barclays use X400 to a great degree when dealing with us,
this is helpful as information can flow quickly. It also
means that the !*****! can hit the fan quickly as well and it
is not unknown for mails to hit AGM's AGD's if they feel this
is the step to take.
11. If you receive calls direct from parts of Barclays please
ensure that you notify the FCD as soon as possible, this
ensures that the communication route remains consistant.
If you have any questions or need further information please
contact John Hewitt 7847 5623, Dave Wilson 7851 2946, Janet
Fitzsimons 7847 5615, or regarding the Contract overall: Mark
Gorman 7847 5495.
JH/EF
7 January 1992
Dear
As you know we have recently concluded a new Europe wide contract
for the support of Digital and associated Third Party equipment
listed on the schedules for your organisation.
One of the changes that this has brought is the establishment of a
focal call desk for all requests for routine service. This
necessitates a change in the way that you log calls for service
both inside and outside working hours. To assist you and your
staff through this change we have produced and enclosed an
initial guide which I hope will be of value.
Please ensure that all requests for service are placed in
accordance with the instructions. If you have any questions
please contact the call desk on the numbers listed or the writer
on 071 412 5623.
Attached is also a list of the recipients of this mail, if there
are others that you believe would benefit from having a copy
please forward it on or request additional copies from the writer.
Thank you for you help in implementing the change.
Yours sincerely,
John D Hewitt
cc Mark Gorman Digital
Brian Bath Barclays Bank Plc
Account Team Digital
Support from Digital Equipment
From the 1st January 1993 the support arrangements for Digital
Equipment Products will be provided through a different route. This
follows as a result of a new Europe Wide agreement.
In future all requests for support will be placed to the Focal Call
Desk (FCD) which is managed by Dave Wilson and is structured as below.
Dave Wilson
|
|
------------------------------------------------------------------
| | | |
Call Call Call Call
Controller Controller Controller Controller
Telephone Numbers to be used:
0925-842925
0925-842926
More numbers will be made available if required, all Call Controllers
can pick up any numbers.
Initially 2 Call Controllers will focus on the new contract products
whilst the others will focus on the Branch Controllers and the other
contracts currently in place.
To place a call the following information is requested:
o Unit name or owner group (Barclays)
o Equipment Location
o System Type
o Serial Number
o Contract & Schedule number
o Trouble or fault statement including any error codes reported,
Clear statement of fault, Action already taken, Impact statement.
o Telephone no. for return call
o Name for follow up contact.
o Barclays fault log record number.
Digital Response:
o Questions may be asked to clarify fault.
o Action plan.
o A fault log number. (To be used for all future enquires regarding
the call)
Enquires & Escalation.
o Initially use the above telephone numbers and quote the log
number.
o Secondly contact the Focal Call Desk Manager Dave Wilson on:
0925 842948
o Thirdly contact the Account team on 071 412 5736 and the secretary
will arrange for an account team member to discuss the problem
with you.
Focal Call Desk
o Manned 07.00 - 19.00
o Automatic diversion to our 24 hour, 365 day support centre for
cover out of the manned hours.
o All calls will be picked up by the FCD staff on the next working
period.
o ALL calls will be closed by the FCD after contact with the user or
call contact confirming that the fault has been rectified to their
satisfaction.
Requests for extra cover or additional work eg.
o Temporary cover outside the Covered window.
o Moves or non contract engineering work.
o Infrastructure work ie. Cable work etc.
o Point of contact for general service enquiries.
List Barclays contacts information sent to
John Lewis Barclays de Zoete Wedd
John O'Neil Barclays de Zoete Wedd
Gareth Williams Dial Contracts
David Smith Dial Contracts
Frank Reid Barlcays Mercantile Business Finance
David Hard Barlcays Mercantile Business Finance
Jeff Yerkis Barlcays Mercantile Business Finance
Sue Cutler Barlcays Mercantile Business Finance
Brian Thorpe Barlcays Mercantile Business Finance
Richard Holloway Barlcays Mercantile Business Finance
Steve Cartland Barlcays Mercantile Business Finance
Simon Phillips Barlcays Mercantile Business Finance
Martin Ellison Barclays Financial Services
Brian Daniel Barclays Financial Services
Neil Depree Barclays Financial Services
Steven Vincent Barclays Financial Services
Malcolm Huson Barclays Computer Services
Leslie Shotton Barclays Computer Services
Rosemary McNaughton Barclays Computer Services
Duncan Barr Barclays Royal Mint Court
Steve Newson Barclays Bank Plc Poole
Terry Kettle Barclays Bank Plc Poole
Roger Harris Barclays Bank Plc Poole
Jeff Ashwell Barclays Bank Plc Poole
Tad Chong Barclays Bank Plc Poole
Rob Winterbourne Barclays Bank Plc Radbroke Hall
IMPLEMENTATION PLAN
1. Project Overview
1.1 The Customer
1.2 Contract Type
1.3 The Customer's Objectives
1.4 Geographic Impact
1.5 Timescales
2. Service Description
3. Uptime Guarantee/Time Credit Note
4. Contract Management
5. Digital's Responsibilities towards the Service Solution
6. Logistics
7. Contract Administration
8. Third Party Involvement/Relationship
9. Problem Escalation
10. Processes
11. Digital's Responsibilities and Liabilities
12. Customer's Responsibilities towards the Service Solution
13. Customer's Responsibilities and Liabilities
1. Project Overview
1.1 The customer
Barclays Bank Plc and its Subsidiaries.
1.2 Contract Type
The contract covers HARDWARE (and VMS & Decnet) maintenance only.
Standard export licensing rules apply.
1.3 The customer's objectives
To receive consistent remedial maintenance services throughout Europe and to
have clearly defined lines of communication, reporting and escalation.
1.4 Geographic Impact:
The contract is to be implemented in the following countries:
Belgium
France
Germany
Gibraltar
Greece
Ireland
Italy
Netherlands
Portugal
Spain
Sweden
Switzerland
United Kingdom (including Jersey & the Channel Islands)
1.5 Timescales:
Period of the Contract
The contract started on 1st September 1992 and continues until 31st August 1994.
However, some non-standard procedures need to be implemented in order to meet
the requirements of the contract and this plan seeks to highlight the various
actions to be taken by the relevant person/department.
Renewal
Digital UK will notify the Bank in writing no later than 30th April 1994,
whether it will be willing to renew the contract for a further period from 1st
September 1994 and if so, the basis of such a renewal
If by 31st May 1994 the Bank has decided that it will not renew the contract
regardless of any proposals Digital might wish to make, then the Bank will
inform Digital of its decision in writing by no later than 1st June 1994.
2. Service Description
The contract has been negotiated on the basis of providing ALL
BARCLAYS TERRITORIES WITH A CORE MAINTENANCE SERVICE, which is
described below under the heading "The Standard Maintenance Service".
The Standard Maintenance Service
1. Standard Core hours within each country as defined in Schedule 5, Monday to
Friday except Bank or Public Holidays.
2. 4 Hour Response to site.
3. Reasonable attempts to provide a 7 Hour Fix or replacement/loan hardware,
which includes the 4 Hour Response time.
4. Work through to finish, subject to availability of Bank staff to accompany
engineers.
5. On site repairs, where practical.
6. Spares/replacement parts, except operator consumables.
7. On-site effort to include the repair, or removal to Contractor's premises
with a replacement installed, with re-installation of original Equipment
where necessary.
8. The Fault Diagnosis Service
General assistance to the Barclays Company in:-
8.1. Identifying the cause of a fault or defect in the Equipment, and
where remedying of the fault lies outside the Standard Maintenance
Service assisting the Barclays Company to obtain the remedy or repair
by a third party.
8.2. Co-ordinating the provision of maintenance by the Digital Company or
third parties.
8.3. Co-ordinating the repair and maintenance of Equipment while subject
to manufacturer's after sale warranty.
9. Fault Call Diagnosis Service
After fault calls have been logged into the Digital Company's Call
Management System, a service will be provided whereby trained and suitably
qualified staff of the Digital Company will contact users where it is
considered necessary, to aid in the diagnosis of equipment faults. The
intention is to:-
- attempt to resolve the problem by a telephone conversation.
- send the most suitably qualified engineer if required.
- identify the correct spare parts if required.
- try to ensure the user has correctly fulfilled all user functions.
- aim for continually improving the "First Time Fix" Level.
The Digital Company will provide all relevant management information to
monitor and report on the improvements in Service Levels achieved and those
where action needs to be taken by the Barclays Company.
This core service will come into effect on XXXX February 1993, and the
Bank's contract schedules should be amended (by February '93) to
reflect the new "Standard Maintenance Service".
ACTION
CONTRACT
ADMINISTRATOR
However, "The Standard Maintenance Service" may not be sufficient to
meet the Bank's business needs.
It is the responsibility, therefore, of the Service Consultant to
contact the Bank to establish whether they wish to upgrade the core
service level.
ACTION
SERVICES
CONSULTANT
The above action is a priority
selling further services will increase revenue
A list of additional service levels and the uplift prices for your
country are listed below and these should be used when negotiating new
service levels with Barclays.
PART II
The Extended Day Maintenance Service
As part I, but covering the 12 hour* period from 0700 to 1900, Monday to Friday
excluding bank/Public Holidays.
Part III
The Extended Day "Plus" Maintenance Service
As Part I, but covering a daily 18 hour* period, Monday to Friday excluding
bank/Public Holidays.
Part IV
The 24 Hour Maintenance Service
As Part I, but covering 24 hours* a day, Monday to Friday plus an on-call
response service for Bank and Public Holidays, by request.
Part V
The CITY SERVICE Maintenance Service
(ONLY AVAILABLE IN CERTAIN LOCATIONS)
As Part I, but response to site will be a maximum of 2 hours.
Part VI
The Weekend and Holiday Service
As Part I. The unit price uplift will be determined by the defined hours of
coverage.
Part VII
The Time and Materials Service
Standard Core hours within each country as defined in Schedule 5, Monday to
Friday except Bank or Public Holidays.
On-site repairs or removal to Digital Company's premises. Replacement equipment
offered if available at additional cost.
The Time and Materials repair service procedure is as defined in Part III
Schedule 3.
EUROPEAN SERVICES PERCENTAGE UPLIFTS
II III IV V VI
EXTENDED EXTENDED 24 CITY WEEKEND AND HOLIDAYS
DAY DAY PLUS HOUR
07.00-19.00 07.00-01.00
12 HOURS 18 HOURS
Hours SAT SUN
BELGIUM 5% * 15% * 25% 20% 08.00-20.00 12 15% 25%
08.00-24.00 16 25% 35%
08.00-08.00 24 35% 45%
FRANCE ^ ^ * ^ 20% ^
GERMANY 6% 15% 24% 10% 08.30-20.30 12 8% 12%
08.30-02.30 18 11% 15%
08.30-08.30 24 14% 18%
GREECE 8% 20% 64% 20% 07.00-19.00 12 26% 26%
07.00-01.00 18 29.2%
29.2%
07.00-07.00 24 54.4%
54.4%
IRELAND 10% 15% * 22% 20% 09.00-21.00 12 6% 10%
09.00-01.00 16 7% 11%
09.00-09.00 24 9% 13%
ITALY * 25% * 45% 20% 20% 30%
NETHERLANDS * 15% * 35% 20% 07.00-18.00 11 10% 10%
07.00-23.00 16 10% 10%
07.00-07.00 24 10% 10%
PORTUGAL 10% 25% 50% 20% 20%
SPAIN 20%* 35% * 75% 20% 08-00-20.00 12 15% 10%
08.00-24.00 16 15% 10%
08.00-08.00 24 15% 10%
SWEDEN 15% 30% * 25% 19 10% * 10%
*
SWITZERLAND * 10% 20% 20% 9 10% 20%
16 20% 30%
24 30% 40%
* See exceptions sheet
^ See separate pricing
Pricing - France
* France do not quote standard percentage uplift prices.
Prices are increased in accordance with the table below.
+--------+-----------------+-----------------+---------------------+
| |from monday to | from monday to |from monday to sunday|
| | friday | saturday | (holidays incl.) |
| Hours +-----+-----+-----+-----+-----+-----+-----+------+--------+
| | LE* | MR* | HE* | LE | MR | HE | LE | MR | HE |
+--------+-----+-----+-----+-----+-----+-----+-----+------+--------+
| 9 h | DSS | DSS | DSS | 816 | 1631| 2718| 1087| 3262 | 5437 |
| | | | | | | | | | |
| 12 h | 544 |1631 |2718 | 816 | 3262| 5437| 1087| 4893 | 8155 |
| | | | | | | | | | |
| 16 h | 544 |3262 |5437 | 816 | 4893| 8155| 1087| 6524 | 10873 |
| | | | | | | | | | |
| 24 h | 816 |4893 |8155 |1087 | 6524|10873| 1360| 8155 | 13593 |
+--------+-----+-----+-----+-----+-----+-----+-----+------+--------+
Prices are per machine per month; these fixed prices are not discountable.
* LE = LOW END =
Group of 10 active t�l�communication products
(DECserver, DECrouter,DECrepeter, Delni, LANbridge) or DECstation PC PDP (11/70
excluded) MicroVAX VAX4000 - 200/300 VAXstation DECstation DECsystem 3100,
5400LPS20, 40, LP37, LGXX DECsystem 5000 - 200 DECsystem 5100 DECsystem 5500
MR = MID RANGE =
PDP 11/70 VAX7xx VAX82xx, 83xx, 85xx DECsystem 5800 VAX6xxx (hors 6450,6460,
6550, 6560) VAX FT 3XXX
HE = HIGH END =
VAX86xx, 87xx VAX6450, 6460 VAX88xx.
Once the new, upgraded service levels have been agreed with the Bank,
they should be added to the contract schedule and the contract price
should be increased accordingly.
ACTION
SERVICES
CONSULTANT/
CONTRACTS
ADMINISTRATOR
When the schedules have been finally agreed and quote the correct
service levels, copies should be forwarded to the Barclays Team in
London.
ACTION
SERVICES
CONSULTANT/
CONTRACTS
ADMINISTRATOR
3. Uptime Guarantee
Digital have made guarantees to the Bank with regard to uptime. The
guarantee does not differ from the standard DSS service that is
currently provided, however, it is important that the the following is
understood by the Service Centre Manager and Service Consultant and
passed on to the relevant resource controllers/engineers:
ACTION
SERVICE CENTRE
MANAGER/
SERVICES
CONSULTANT
*****************************************
* *
* We have guaranteed an uptime of 96% *
* *
*****************************************
Eligibility for Guaranteed Uptime
In order to receive this service the following conditions must be
met:
(a) Software shall be at the current level of Digital operating
system and Software layered Products.
(b) No modification to the site or the configuration is made
that would change the system compliance with the
eligibility and prerequisite criteria expressed unless
mutually agreed in writing.
Guaranteed Uptime
Under this Service, Digital guarantees that the eligible
Equipment included in this Agreement, will meet the percentage
Uptime as listed in this Schedule, subject to the following
provisions. Any alterations to the Schedule must be agreed in
writing or the guarantee will be waived.
Calculation of Uptime Percentage
The Uptime percentage will be measured by Digital using the
following definition and formula:
(a) Uptime
Uptime during the measurement period will be calculated
using the formula below:
Qualified Downtime
Uptime % = 1 - _______________________________ x 100
Total hours of Contract Coverage
(b) Qualified Downtime
(i) Time during the hours of Contract Coverage, following
a call from the Bank to Digital when the total System
is unavailable to Customer due to malfunction of an
eligible item, and is made available to the
Contractor for remedial maintenance.
(ii) Time during hours of Contract Coverage when, at
Digital's request, the total System is made
unavailable to the Bank as a result of remedial
maintenance of an individual eligible item.
Excluded from Qualified Downtime are all other conditions,
including but not limited to all forms of preventive
maintenance, and malfunction of Software Products not
manufactured or supplied by Digitial.
(c) Total hours of Contract Coverage is the total number of
hours of Contract Coverage during the measurement period.
(d) The Measurement Period for the purposes of Uptime
Calculation is a fixed thirteen (13) week period.
(e) Digital will provide tools for the calculation of Uptime.
Customer verified service call reports or service logs may
be used as one such tool.
Prerequisites
Digital's ability to guarantee Uptime to ninety-six per cent (96%)
is contingent upon the following:
(a) All relevant maintenance tools are employed including
Remote Diagnosis at 1200 Baud, Error Logging Analysis, and
Reporting Tools.
(b) All Customer responsibilities for equipment care, as
documented in the Site Management Guide, including the
cleaning of magnetic media, must be followed.
(c) All products being made available at agreed times for all
recommended preventive maintenance.
(e) The site being in accordance with the Site Preparation
Guide.
(f) Customer's operating hours not exceeding the hours of
Contract Coverage.
Repairs excluded from Uptime Guarantee
The repairs mentioned below will be remedied on a per call basis,
however, the they will not be measured for the purposes of the
performance guarantee.
1. Any fault or defect in the equipment caused by wilful damage by a
person other than Digital/its sub-contractors.
2. Defects in maintenance or repairs work performed on the equipment
by persons other than Digital/its sub-contractors.
3. Defects or faults in the equipment caused by use of supplies which
are found to be unsuitable for the equipment and which have not
been previously recommended or approved for use with the equipment
by either the manufacturer or Digital.
4. Defects or faults in the equipment caused by equipment or devices
in the equipment which have not been approved for use with or in
connection to the equipment by either the manufacturer or Digital.
5. Defects or faults in the equipment caused by adverse environmental
conditions or acts of God.
6. Defects or faults in equipment caused by installation or removal
carried out other than by Digital/its sub-contractors unless
agreed in writing.
7. Defects or faults in equipment (other than new equipment) which
has exceeded its life expectancy (7 years from the date of its
delivery to Barclays) and where it has been agreed there has been
an unacceptable level of breakdown or where there has been
persistent operator misuse or neglect following notice by Digital
to Barclays pointing out the misuse or neglect.
Barclays/Digital undertake to negotiate in good faith to resolve
any failure to agree whether or not defects or faults fall into
this category.
8. Defects or faults in new equipment where there has been an
unacceptable level of breakdown or persistent operator misuse or
neglect following notice by Digital to Barclays point out the
misuse or neglect.
Barclays/Digital undertake to negotiate in good faith to resolve
any failure to agree whether or not defects or faults fall into
this category.
9. Defects or faults in equipment due to accidents caused by Barclays
staff, negligence in obeying Barclays health and safety, security
or operating rules, failure of electrical power, failure of
air-conditioning or humidity control or storage material not
supplied by Digital, faults due to unauthorised attempts other
than by Digital to repair, maintain, modify or move the equipment.
10. Components or parts supplied for repairs for the above will be
supplied to Barclays at Digital's logistics list price plus a
handling charge equivalent to more more than 10% of cost.
11. Without prejudice to the above, faults or defects caused by
accident or by operator misuse of neglect (excluding wilful
damage) will be included in the maintenance services and repaired
at no addition charge.
FAILURE TO UNDERSTAND THE IMPORTANCE OF THE FOLLOWING WILL
IMPACT REVENUE
Should the guaranteed uptime of 96% not be met the Bank WILL RECEIVE a
credit OF EQUIVALENT TIME TO BE ADDED TO THE CONTRACT DURATION.
This is a TIME only credit not a monetary credit.
The Credit shall be one (1) hour's EXTENSION for each hour of Downtime
in excess of the allowable limit.
The administration of the credit is addressed in secton XXXX of the
implementation plan.
Action Plan
If during the Measurement Period the product fails to meet the
prescribed Uptime Percentage, Digital shall, with the Bank's
co-operation, establish an action plan to restore the Uptime
guarantee.
ACTION
SERVICE
CONSUTLANT
Listed below is the definition of Service levels as defined to
Barclays in the Contract. Where these are not standard definitions
they should be adapted in respect of Barclays.
ACTION
SERVICES
CONSULTANT
SERVICE CENTRE
MANAGER
The time period during which Digital accepts that a reported Equipment
problem requires a solution.
Response time is measured from the time a call is placed with Digital
to the time a qualified engineer arrives at the location.
Recovery time is measured from the time a call is placed with Digital
to the time a qualified engineer has completed a satisfactory repair
and the Equipment is available for use by the Bank. This will exclude
vandalism repairs, non-hardware related faults and software reloads at
the request of the Bank.
The time of notification of arrival of an engineer at the location of
the Equipment and the time the Equipment is fixed will (except in a
case of error) be evidenced by Digital's records. Except in the case
of the 24 Hour Maintenance Service, calculations of Response and
Recovery Times shall exclude all periods outside Normal Business
Hours, or other hours agreed for a location, and in all cases shall
exclude periods during which notification of arrival has been delayed
by the Bank's default.
4. Contract Management
Services Review Meetings and Reporting
An action should be taken by the Service Centre Manager to set up
operational performance review meetings between Barclays and Digital.
These meetings should be held at regular intervals no less frequently
than monthly unless agreed by both parties; the venue to be agreed
between Digital and Barclays.
Every 13 weeks the guaranteed uptime needs to be addressed at the
above meeting.
A calculation should be performed prior to the meeting and if the
uptime of 96% has not been met in the given 13 week time frame, a
credit should be given for 1 hour in respect of each hour of downtime
in excess of the allowable limit.
This credit should be presented to the Bank in the form of a written
document, eg
"In consideration of guaranteed uptime of 96% not being met for
the period XXXX to XXXX a credit is given for XXXXX hours to be
added to the duration of the maintenance contract. "
This should be signed by the Services Consultant.
Where additional time credits are given, a new document should be
drawn up incorporating previous time credits given and showing a total
of extra time granted to Barclays.
ACTION
SERVICES
CONSULTANT
The meeting should also be the venue to discuss the following reports
and any issues arising from them. Whatever, the frequency of the
meetings the reports should be copied to the Barclays Team in the UK
on a monthly basis.
ACTION
SERVICES
CONSULTANT
The minimum information to be included in the reports is as follows:
Response Time
. Percentage Response Time Success by location and by Equipment.
. Average Response Time by location and by Equipment.
. Exceptions to Response Times with explanation by location and by
Equipment.
Recovery Time
. Percentage Recovery Time success by Region and by Equipment.
. Average Recovery Time by Region and by Equipment.
. Exceptions to Recovery Times with explanation by Region and
by Equipment.
Repeat Call Analysis
. Identification of Repeat Calls by location and by Equipment. The
parameters of timescale and number of calls will be dependent on
expected model performance and will be agreed between the Barclays
Company and the Digital Company.
No Fault Found
. Identification of all calls where faults were reported but were
subsequently not found.
Vandalism and Operator Error Faults
. Identification of all calls where the source of the fault was due
to vandalism, operator error, software error or other non-hardware
fault area.
Escalation
. List of all calls requiring escalation with details of times and
actions taken at each level.
First Time Fix
. The percentage of calls which result in equipment being repaired
first time, without recourse to additional assistance or waiting
for the delivery of spare parts. A target level of 95% is
expected.
Reliability and Availability Analysis
. Digital Company to give views on MTBF, MTTF etc. for analysis
purposes, primarily related to systems.
Call Filtering Service
. Calls processed and the percentage that did not require Engineer
attendance.
Engineer Productivity Analysis
. Calls per engineer.
No charge should be made for the supply of these reports
5. Digital's Responsibilities towards the Service Solution
The Services Consultant and Service Centre Manager must fully appraise
themselves of Digital's responsibilities to the service solution and
ensure that the appropriate engineers/sub-contractors are made fully
aware of what is expected of them while they are on a Barclays site.
ACTION
SERVICES
CONSULTANT
SERVICE CENTRE
MANAGER
Engineers
The Service Centre Manager must ensure that sufficient suitably
trained staff are employed in order to achieve response times and that
those suitably trained staff will only visit Barclays sites with the
prior permission of Barclays and will produce identification or
authorisation required by the Bank and will comply with the Bank's
security procedures.
ACTION
SERVICES
CONSULTANT
SERVICE CENTRE
MANAGER
A stipulation of the contract is that Digital shall supply account
based personnel. This means that where the contract with Barclays is
of a low value and we do not have a dedicated Barclays resource, the
Service Centre Manager should ensure that all engineers likely to
visit a Barclays site must be fully aware of the procedures to be
followed.
ACTION
SERVICE
CONSUTLANT
SERVICE CENTRE
MANAGER
Viruses
Of particular importance is the following contract clause which deals
with viruses:
"Where the cause of the introduction of the Virus is proven to be the
fault of Digital any costs incurred in returning the systems to
original operating efficiency will be paid by Digital, subject to a
limit of �150,000 per incident. Where the cause of the introduction
of the Virus is proven to be the fault of a supplier other than
Digital, all costs for recovery will be the concern of Barclays .
It is therefore imperative that prior to bringing any media, disks or
tapes to a Barclays site that they are VIRUS CHECKED. It is also
important that all Sub-contractors are aware of this rule and that
this clause is added to the contracts they have with Digital.
ACTION
SERVICE CENTRE
MANAGER
TO ADVISE
ENGINEERS
Back-up Copies
All Digital engineers visiting Barclays sites must ensure that they
take all practical steps to ensure that when they remove from a
Barclays site, any equipment (or any media) containing data relating
to Barclays they will take all practical steps to avoid accidental
loss or destruction of the data and will, unless otherwise agreed by
Barclays, in writing, ENDEAVOUR TO ENSURE THAT BARCLAYS MAKES BACK-UP
COPIES BEFORE REMOVING THE DATA FROM THE BARCLAYS SITE.
ACTION
SERVICES
CONSULTANT
SERVICE CENTRE
MANAGER
TO ADVISE
ENGINEERS
Also when inspecting, maintaining or repairing equipment at a site
which holds data or software, unless otherwise agreed by Barclays in
writing, ENDEAVOUR TO ENSURE THAT BARCLAYS HAS TAKEN UP-TO-DATE
BACK-UP COPIES OF DATA OR SOFTWARE BEFORE COMMENCING WORK.
ACTION
SERVICES
CONSULTANT
SERVICE CENTRE
MANAGER
TO ADVISE
ENGINEERS
Engineers' Responsibilities
Listed below are the behaviours that are expected from Digital
engineers. Where we do not already follow these behaviours they
should be implemented in respect of visits to Barclays sites.
ACTION
SERVICES
CONSULTANT
SERVICE CENTRE
MANAGER
TO ADVISE
ENGINEERS
Digital/its Sub-contractors will use knowledge, expertise, maintenance
and other manuals, specifications, diagnostic aids, testing devices
and specialised tools and equipment necessary to provide the
maintenance service.
Digital/its sub-contractors, will have the equivalent skill set as the
manufacturers' maintenance personnel in order to provide maintenance
services as efficiently and competently as the manufacturers'
maintenance personnel.
Digital/its sub-contractors shall at all times use and adopt
professional techniques and standards and provide maintenance services
with due care, skill and diligence.
Digital/its Sub-contractors accepts that the facilities it requires
for the provision of maintenance services are available at each site.
HOWEVER, WHERE THESE ARE NOT AVAILABLE DIGITAL WILL NOTIFY THE BANK
WHO WILL ENDEAVOUR TO PROVIDE SUCH FACILITIES.
Digital/its Sub-contractors will offer to provide maintenance on all
upgraded or enhanced models of equipment or new equipment on the same
terms as for equivalent equipment already included in the contract and
will by the time Barclays has acquired this equipment have the
skillset to competently maintain the equipment.
Digital/its Sub-contractors may advise Barclays that the upgraded or
enhanced equipment may not be compatible with existing equipment.
Digital will supply all items necessary to carry out the maintenance
except when the services are supplied at a Barclays site, i.e.
electricity, telephone services.
Digital will be responsible for the delivery to and removal from sites
of all equipment, components and spares in connection with the
maintenance of equipment.
Digital will be responsible for the care safety and storage of
equipment and other items in connection with the maintenance contract
and will leave the Barclays site in a clean, tidy and safe condition
at the end of each visit.
Digital will be responsible for any Digital owned equipment used at a
customer site in order to provide maintenance.
Digital/its sub-contractors will ensure that it observes all normal
safety precautions both statutory and otherwise concerning the
equipment.
Per Call Procedures
The procedure agreed between Digital and Barclays for handling Per
Call is outlined below. Where this is not a standard operation in
your territory this process will need to be adopted to meet the
requirements of the contract.
ACTION
SERVICE CENTRE
MANAGER/
ENGINEER
Barclay's will place a service call with Digital in the usual manner,
and the service request will be logged onto Digital's Management
Information System. Digital engineer/its authorised Sub-Contractor's
engineer will be allocated the service request, and advised that a
"Chargeable Repair Form" (LARS Report) will require completion and
authorisation.
The details of the time utilised in the repair of the faulty model
will be recorded on the "Chargeable Repair Form" (LARS report). The
call out fee will include travel and the first hour of work effort.
The details of the parts utilised to effect the repair will be
recorded on the "Chargeable Repair Form" (LARS Report) according to
Descriptions and Parts Numbers from the Standard Parts List. If
possible, the engineer will ascertain the cost price of the parts
utilised whilst still at the Barclay's Location. Failing this, the
Digital Company's Administration Department will, during the process
of compiling the invoice documentation, accordingly append any such
prices to the "Chargeable Repair Form" (LARS Report).
The completed "Chargeable Repair Form" (LARS Report) will be presented
by Digital's engineer or Sub-Contractor's engineer to an Authorised
member of staff at Barclay's Location for scrutiny and signature.
The completed "Chargeable Repair Form" (LARS Report) will be forwarded
to Digital's Administration.
6. Logistics:
The Service Centre Manager should ensure that there is a good
availability of third party spares in order that uptime guarantees can
be met.
ACTION
SERVICES
CONSULTANT
SERVICE CENTRE
MANAGER
The following clauses are included in the contract and should be noted
by the Services Consultant/Service Centre Manager and implemented
where necessary.
ACTION
SERVICES
CONSULTANT
SERVICE CENTRE
MANAGER
Digital/its authorised sub-contractors will endeavour to stock
components and spare parts for equipment for the duration of the
contract even if these supplies cease to be available from the
relevant manufacturers.
Digital/its sub-contractors may provide equipment or spares of an
equivalent functionality in the event of failure of equipment if the
normal equipment or spares are no longer available and will advise
Barclays if this has an effect on equipment performance or
reliability.
Any spare or replacement parts or components shall become the property
of Barclays upon fitting but parts removed by Digital for replacement
shall become the property of Digital.
Unless otherwise agreed by Barclays all spare or replacement parts or
components supplied will be new or warranted as new.
7. Contract Administration:
In most respects the contract should be administered in the standard
way. There are differences with regard to the maintenance schedules
and invoicing as follows:
Contract Invoicing
As mentioned, this is a FIXED PRICE CONTRACT, therefore, the contract
schedules should quote prices taken from the standard Digital price
book
valid at 1st September 1992
until the duration of the contract.
ACTION
CONTRACT
ADMINISTRATOR
The contract schedules should not quote any discount but should show
the full "price book" price.
The charges on the schedules should be made up of the standard
maintenance fees plus the charges for any additional upgraded service
levels.
ACTION
CONTRACT
ADMINISTRATOR
Because of the non-standard invoicing, Barclays should be invoiced
manually, quarterly in advance on
31st August, 30th November, 28th February and 31st May
Under this contract, the Bank should be invoiced for hardware and
embedded software only.
The manual invoice should consist of a 1 LINE ENTRY showing the
discounted price but should NOT QUOTE THE DISCOUNT we are giving to
the Bank.
The contract states that Digital will provide an itemised breakdown of
any invoice submitted to Barclays and that the invoices will be in a
format suitable to Barclays. The itemised breakdown to be provided is
the contract schedules. Although they show the full list price, the
customer will be aware of their particular discount and will be able
to reconcile the schedules with their quarterly invoice.
The contract also states that Barclays will not be obliged to pay any
invoice in the absence of such a breakdown and any explanation thereof
it may reasonably require.
It is important, therefore, that contract schedules are always
available to Barclays so that they can check the invoices against
them.
Equipment that is added to the contract after the commencement date
will be charged at the same rate unless it is substantially different
to any equipment already under contract.
Barclays may request Digital to provide the Maintenance Service for
all New Equipment or additional Equipment purchased by Barclays,
subject to both parties agreement of price and Service Levels and any
other terms and conditions peculiar to the New Equipment. Digital
accepts that Barclays requires pricing to be competitive with other
suppliers, consistent with the defined service levels and Barclays
reserves the right to request competitive quotations from other
suppliers for the purpose of comparison.
When the equipment is substantially different we should quote Barclays
a price for maintenance.
Barclays may remove Equipment from a Contract, and when this occurs
all said fees and rates paid in advance for Services not yet performed
and relevant to the removed Equipment will be refunded by Digital to
Barclays. Digital will reimburse Barclays for any excess payment
within 30 days of the date of removal of the Equipment.
Per Call Invoicing
The contract states that all PER CALL CHARGES WILL BE FIXED FOR THE
DURATION OF THE CONTRACT.
The Per Call Adminstrator must, therefore, be aware that standard 1992
per call rates should be used when invoicing Barclays Bank (for the
duration of the contract).
ACTION
PER CALL
ADMINISTRATOR
The Per Call rate quoted to Barclays for your country is
Belgium
Monday to friday : 5.000,-BEF/h
Weekends/Holidays : 6.500,-BEF/h
France
SATURDAY SUNDAY
Vax 6000 and > 1462 FF HT/hour 1950 FF HT/hour
Other product 976 FF HT/hour 1302 FF HT/hour
Plus
- an "admin charge" : 948.00 FF HT/call Vax 6000 and >
633.00 FF HT/call other product
- one meal : 144.00 FF HT
- kilometre : 26.00 FF HT/km
All pricing include the materials if the customer has a contract
(DSS). in practice France do not work on "Sunday". It is a legal
process for France. It is a same policy for public holidays.
Germany
terminals small systems large systems
monday/friday
08:30-17:17 170.- 225.- 320.-
afterhours 220.- 290.- 410.-
Travel
within 50 km 280.-
100 km 550.-
more than 100 km 750.-
Greece
25,000 dr per hour - normal working hours
30,000 dr per hour - out of office hours, weekends and public holidays
Ireland
Main systems:
Mon - Fri 9.00am to 5.00pm � 95.00 per hour
All other times � 126.00 per hour
Micro Systems:
Mon - Fri 9.00am to 5.00pm � 74.00 per hour
All other times � 100.00 per hour
Fixed fee charges on most peripherals.
In this case the fixed charge includes all parts used and engineer's
time.
Italy
cost per call standard time 8:30-17:30 263.000 Lit. per hour
cost per call extension time 17:30-8:30 standard + 15%
cost per call Saturday standard + 30%
cost per call Sunday and Holidays standard + 50%
Netherlands
Dfl. 415 per hour after service hours until 10.00 p.m.
Dfl. 550 per hour after 10.00 p.m. and in weekends and official
celibrations
Portugal (No subs) - complete
Monday to Friday 9:00 - 18:00 -> 17.500$00 (Escudos)
" " after 18:00 -> 26.250$00 ( " )
Sat. Sun. and Hollidays -> 35.000$00 ( " )
Next year 1993 they will be:
Monday to Friday 9:00 - 18:00 -> 19.250$00 ( " )
" " after 18:00 -> 28.875$00 ( " )
Sat. Sun and Hollidays -> 38.500$00 ( " )
Spain
ENGINEER COST: 20.000.-PTS/HOURS 08:00 TO 15:15
(TRAVELL EXPENSES WITH THE SAME PRICES)
MONDAY TO FRIDAY 17:15 TO 20:00 26.000.-PTS.
20:00 TO 24:00 30.000.-PTS
00:00 TO 08:00 34.000.-PTS
SATURDAY
08:00 TO 18:00 34.000.-PTS
18:00 TO 08:00 36.000.-PTS
SUNDAY AND HOLIDAYS 08:00 TO 18:00 38.000.-PTS
18:00 TO 08:00 40.000.-PTS
Sweden
The prices in SEK is :
Time window Terminals Low End High End
Normal 08.00-16.30 790:-/tim 990:-/tim 1290:-/tim
Type 1 16.30-20.00 1185:-/tim 1485:-/tim 1935:-/tim
Type 2 20.00-08.00 1580:-/tim 1980:-/tim 2580:-/tim
Normal is for Normal work days
Type 1 is between 16:30-20:00 Normal days
Type 2 is for Holidays and when Type 1 is out of window.
Switzerland
- * Base charge for exceptional out of working PER CALL hours is SFr.
500.-.
A minimum invoice amount of SFr. 200.- PER CALL during working hours
or visit applies.
- A minimum of one hour repair/travel time is charged at the rates
indicated above. After the first hour, in half hour multiples for each
started half hour period.
The following procedure with regard to invoicing is not standard
procedure and will need to be followed closely in order to provide to
the Bank what we have committed.
ACTION
PER CALL
ADMINISTRATOR
A batch of LARS Reports for all Per Call work should be prepared on a
Monthly basis, and should be submitted to Barclays with an invoice for
the work done during the previous month, with the following
information:-
a) A summary of each Time, and Materials Service Call including Job
Number, Location, Date, Manufacturer, Model, Serial or
Identifier Number, Total Hours, Total Hours Cost, Total Parts
Cost, Total Job Cost.
b) Copies of the original "Chargeable Repair Forms."
c) Total value of all Time and Materials Service Calls.
Barclays will satisfy itself of the validity of this Information and
raise a Service Order for the agreed value paying the invoice within
30 days.
Payment
Nett monthly terms have been agreed with Barclays. The Credit Manager
will, therefore, need to be aware of the non-standard payment terms
agreed when chasing payment.
ACTION
CREDIT
MANAGER
Standard 30 day terms have been agreed for Per Call invoices.
8. Third party involvement/relationship
The contract states that Digital may only delegate or sub-contract its
obligations under the contract with the prior written consent of
Barclays.
Barclays have been advised of the sub-contractors that we currently
use, however, if further contractors are required, a revised list
should be sent by the Service Centre Manager, to Barclays for
approval; the list should be copied to the Barclays Team in the UK.
ALL CONTRACTS CURRENTLY IN PLACE WITH SUB-CONTRACTORS SHOULD NOW BE
RE-NEGOTIATED to reflect the guarantees that Digital are making to
Barclays, particularly with regard to up time and compensation, virus
checking and taking of back-up copies.
ACTION
SERVICE CENTRE
MANAGER
The sub-contractors advised to the Bank for your territory are:
Gibraltar
BSG Computer Systems
Don House,
3rd Floor,
30-38, Main Street,
Gibraltar,
P.O. Box 148.
Tel 77386
Fax 72375
Greece
Non Digital equipment
For Data_Product printers
M.Papassavas AEBE
261, Sofokleous & Achilleos str.
176 74 Kallithea-Athens Hellas
phon: (01)9429561-(01)9423246
fax: (01)9429561
For Exabyte Tapes
DATAMEDIA SA
Sarantaporou, Fokeas &Eginis
185 47 Piraeus, Greece
Tel:(01)4819815
Switzerland
Yvan MICHEL
Depannage Informatique
9A Ch. des Etroubles
11213 ONEX
Michel HALDEMANN
Depannage Informatique
12 Ch. du Soujet
1234 VESSY
9. Problem Escalation:
Dispute Resolution
A procedure, as outlined below, has been agreed in respect of dispute
resolution. Sales personnel and services personnel should be aware of
the agreement between the Bank and Digital:
ACTION
SALESPERSON/
SERVICES
CONSULTANT
Except for those disputes mentioned under dispute resolution (below)
the Digital/Barclays agree that in the event of any other dispute or
claim:
1. Digital/Barclays will attempt in good faith to resolve any dispute
or claim arising out of or relating to the Contract promptly
through negotiations between the respective senior executives .
2. If the matter is not resolved through negotiation within two
months, the parties will attempt in good faith to resolve the
dispute or claim through an Alternative Dispute Resolution (ADR)
procedure as recommended to the parties by the Centre for Dispute
Resolution.
3. If the matter has not been resolved by an ADR procedure within 30
days of the initiation of such procedure, unless both parties have
agreed to an extension of the 30 day period, or if either party
will not participate in an ADR procedure, the dispute shall be
referred to the High Court in London.
4. The fees and costs of such Alternative Dispute Resolution or court
action shall be borne equally by the parties.
Independent Expert
Any dispute or difference of opinion between the parties concerning
any adjustment to the relevant basic maintenance fees, the time and
materials fees, the additional maintenance fees or the hourly charge
rates shall be referred to and decided upon by an expert to be agreed
between the relevant parties or, in default of agreement, appointed
upon the application of either party by the President of the Institute
of chartered accountants, such expert to act only as an expert and not
as an arbitrator. The fees and costs of such expert and his
appointment shall be borne equally by the parties.
In order that the lines of communication and escalation are clearly
defined the Service Consultant should provide to the Barclays Team in
London the following information:
Names, Titles & Telephone Numbers of Barclays personnel
Call Desk Manager
Operations Manager
Contract Contact
Names, Titles & Telephone Numbers of Digital personnel
Call Handling Manager
Exceptions Manager
Resource Controller
Service Centre Manager
ACTION
SERVICES
CONSULTANT
10. Processes:
We have contracted with Barclays to implement a procedure for disaster
recovery, however, the cost of invoking recovery actions is not
included in the price of the contract.
The first action to be taken is for the Services Consultant to prepare
a list providing names of senior Barclays Team representatives. This
list should show an escalation route which should eventually lead to
the Barclays Team in the UK.
Once this list has been prepared it should be given to the 24 hour
call handling centre and also copied to the Barclays Team in the UK.
ACTION
SERVICES
CONSULTANT
The following service should be made available to the Bank:
ACTION
BUSINESS PROTECTION SERVICES
MANAGER
CALL HANDLING
CENTRE
Should any of the Locations of Barclays experience a disaster through
fire or flood etc., Digital will provide the maximum co-operation to
alleviate business disruption in the following ways:-
1. Barclays staff will contact the 24 hour Call Handling Centre,
notified for each Territory.
The 24 hour call handling centre will contact Senior Management in
the Barclays Account Team or other suitable management according
to the list maintain for this purpose. The Manager will contact
Barclays to discuss the actions needed to facilitate a recovery,
and of what initial response is required from Digital.
2. Discussions will be held on the advisability of refurbishing
Equipment and the suitability of the Equipment to be included in
the maintenance contract after refurbishment.
Barclays will advise Digital if the Branch will move into
temporary accommodation and/or to install new machinery. Upon
which, an action plan will be formulated addressing the individual
circumstances which could include:-
De-installation of damaged equipment.
Removal of damaged equipment to Barclays stores.
Installation and commissioning of replacement equipment.
3. Appropriate consideration of insurance criteria will be made as
follows:-
Damaged equipment will be kept for insurance assessment. An
Insurance quotation must be received by the Barclays Company prior
to the commencement of repairs.
Digital will provide an insurance quotation which will include
costs of replacement and installation.
4. To ensure Barclays can contact a senior manager from Digital
Region outside normal working hours, Digital will maintain a list
of contacts at the 24 Hour Call Handling base to whom Barclays
will refer in the event of need. The actual activity that can be
carried out outside normal working hours will be dependent upon
the prevailing circumstances. However, by Barclays communicating
the occurrence of the disaster as soon as possible, Digital should
be able to ensure that an appropriate action plan can be
implemented at the beginning of the next Business Day.
Procedure for Disaster Recovery to the
Contractor's Call Despatch and Management Information System
The primary call dispatch site is at Digital's premises. In order to
ensure continuity of mains electricity, a stand-by generator will be
installed on-site at such dispatch site by the Applicable Commencement
Date.
Digital's Management Information System must be carefully designed
with resilience a major consideration.
11. Digital's responsibilities and liabilities
Confidentiality
Each person involved in servicing Barclays needs to become fully
conversant with the level of confidentiality that is required in
connection with this contract.
ACTION
SALESPERSON
SERVICES
CONSULTANT
SERVICE CENTRE
MANAGER
CONTRACT AND PER CALL
ADMIN
Where systems do not exist the business manager should introduce
systems in order that
Digital shall treat and hold as secret and confidential all
information of a confidential nature it may receive from Barclays or
any other person who provides confidential information on behalf of
the Bank. This confidential information may concern the Barclays
company, other Barclays companies, its or their businesses, customer,
systems, plans and operations, or the equipment (other than items
manufactured or supplied by Digital).
Digital will not disclose or communicate confidential information to
any person (other than an authorised sub-contractor or employee and
then only on a need to know basis), without written consent from
Barclays.
Digital will treat as confidential any information it may acquire
about equipment (excluding Digital equipment), faults or defects in
the equipment or the incidence of faults or defects and will not
disclose such details or information to third parties (other than as
necessary to its sub-contractors) or use such details in its business
as a manufacturer of equipment to gain a commercial or business
advantage over other manufacturers (whether with regard to Barclays or
any other persons or entities).
Digital will, therefore, endeavour to prevent the details mentioned
above being disclosed to Digital personnel concerned with the
manufacture, supply or marketing of equipment.
Digital/its sub-contractors will, upon termination, cancellation or
expiry of the relevant contract, deliver to Barclays, or at the
request of Barclays destroy, all originals and copies of confidential
information in its possession or control. Digital will also deliver
to Barclays, free of charge, all maintenance and other manuals, wiring
and site diagrams supplied to Digital by Barclays and copies of all
records, data and other information (either in writing or recorded on
media) which Digital has used to produce management reports for
Barclays.
ACTION
SERVICES
CONSULTANT
Digital will not supply proprietary information (or proprietary
information of its suppliers) or information which would not usually
be provided to a customer or information or data which would usually
only be supplied at a price to the recipient.
Digital will not be prevented by the foregoing from making full use of
any general know-how or experience acquired as a result of the
maintenance contract with regard to maintaining the equipment of other
manufacturers, providing this does not constitute trade secrets or
proprietary information.
Digital will indemnify Barclays against all claims, costs or
proceedings against Barclays by any other manufacturers in respect of
any such use by Digital.
Digital may disclose confidential information to any direct or
indirect subsidiary in order to facilitate the maintenance contract.
The foregoing obligations will not apply to any of the following.
1 Is lawfully in the public domain at the time of disclosure to
Digital
2. Subsequently becomes lawfully part of the public domain by
publication or otherwise or
3. Subsequently becomes available to Digital from a source (other
than Barclays) which is entitled without any restriction on
disclosure to disclose such confidential information to Digital.
4. Is in Digital's possession prior to receipt from Barclays.
5. Is independently developed or acquired by Digital or its
associated companies independently of anything provided by
Barclays.
6. Is furnished to a third party by Barclays without similar
restrictions.
7. Relates to general concepts of computer hardware and/or software
technology.
8. Is disclosed 3 years after the expiration of the relevant
contract.
Digital agrees to indemnify Barclays against:-
1. Any claim for death or personal injury, without limit, in respect
of direct negligence by Digital/its sub-contractor.
2. The cost of repair or replacement of property if it is damaged or
destroyed directly by the negligence of Digital/its sub-contractors
but the liability is restricted in accordance with below.
3. Except as regards claims as above, Digital's liability to Barclays
for claims costs proceedings or damages arising from Digital/its
authorised sub-contractors negligence shall be limited to
#2,000,000 per event or connected series of events arising from the
same cause.
4. With the exception of paragraph 1 and 2, Digital's maximum total
liability to Barclays shall be limited to an amount equal to the
Total Annual Maintenance Fees; being four times the total of all
sums paid or payable by Barclays to Digital (ignoring any
liquidated damages credits or reimbursement claims) during or in
respect of the 3 months immediately preceding the date on which the
Barclays first notifies Digital in writing of the claim or its
intention to make a claim upon Digital but deducting from that
amount the total of all payments made by Digital to Barclays in
respect of claims under this Contract.
5. Barclays will notify Digital of any claim by a third party based on
or arising from such negligence and undertakes that it will not
without Digital's written consent (not to be unreasonably withheld
or delayed) settle or compromise any such claim by a third party
and will allow and assist Digital to defend such claim at
Digital's.
6. Where any employees or agents of Digital/its authorised
sub-contractors are admitted to premises of Barclays, the Bank
undertakes that such premises and any plant or equipment in such
premises are safe and without risk to the health of Digital
employees or agents.
7. Except for claims made pursuant to paragraph 1, in no event shall
Digital/its authorised sub-contractors be liable for any damages
resulting from any loss of use of data, corruption of data, loss of
profits or business or any kind of consequential loss or damage.
8. Barclays are solely liable for ensuring that Equipment complies
with current product safety and environmental regulations.
9. Digital's maximum total liability in the event this Agreement is
terminated by Barclays or for breach of this Agreement or in any
way connected with this Agreement shall be limited to an amount
equal to two hundred and fifty thousand pounds (but this is without
prejudice to any rights of Barclays against the contractor in its
capacity as a Digital Company).
12. Customer Responsibilities towards the Service Solution
Digital need to be aware of the contribution Barclays need to make to
this contract.
ACTION
SERVICES
CONSULTANT/
SERVICE CENTRE
MANAGER
Barclays will provide Digital/its sub-contractors with access to and
adequate working space around the equipment to enable Digital/its
sub-contractors to provide on site maintenance.
Barclays will carry out all operational service routines in accordance
with Digital's/manufacturers' instructions and keep records of use and
performance and make back-up copies of all data as may be required.
Barclays will not change any location of the equipment without
Digital's prior approval. This will not apply to customer installable
equipment.
Barclays will endeavour to ensure that its personnel use and operate
the equipment in accordance with the instructions contained in any
relevant user manuals.
Barclays will, from time to time, inform Digital of any circumstances
as a result of which the environmental conditions of any installation
are unsuitable for the use of any equipment located there and, in the
absence of such written declaration, know of no such circumstances.
13. The customer's responsibilities and liabilities
Barclays have a responsibility to treat as confidential certain
information provided by Digital.
Although the onus is on Barclays to keep this information confidential
Digital should be aware of the type of data that is restricted and
report to the Barclays Team in London any breach of the following:
ACTION
SERVICES
CONSULTANT
Barclays will treat as secret and confidential all information
concerning Digital/its subsidiaries' business, customers, systems,
plans and operations it may obtain under or in connection with the
contract.
Barclays will be free to use for its own internal purposes any details
or information it may acquire under or in connection with the contract
concerning the charges, fees and costs of Digital/its sub-contractors
or their methods, practices or response times actually achieved.
Barclays will not be free (except in connection with any legal or
arbitration proceedings concerning this agreement) to disclose any
such details or information to any other potential supplier of
maintenance services without the consent of Digital, in relation to
information which will not cause a business disadvantage to contractor
or Digital.
The obligations mentioned above will not apply to Digital's
information which
1. Is lawfully in the pubic domain at the time of disclosure to
Barclays
2. Subsequently becomes lawfully part of the public domain by
publication or otherwise.
3. Subsequently becomes available to Barclays, from a source (other
than Digital) which is entitled to pass on this information
4. Is information to be handed over to Barclays upon the termination/
cancellation or expiry of the contract.
Barclays will not reproduce in any form whatsoever Digital's copyright
material without Digital's prior consent.
All material provided by Digital, such as documentation, schematics,
software (including diagnostic software for which a licence has not
been obtained) test equipment and associated media shall remain the
exclusive property of Digital and be for Digital's sole use.
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