ARTICLE
23 November 2018

Service Levels – "Can You Hear Me Now?"

LD
Lowndes, Drosdick, Doster, Kantor & Reed, P.A.

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The firm’s original four partners were engaged primarily in a burgeoning real estate practice. While our real estate practice and deep-rooted involvement in that industry remains an integral component of the firm, we have grown alongside the dynamic needs of our clients and community at large. Today, the firm’s lawyers advise clients on almost every aspect of business: from copyrights and trademarks to high-stakes, high-profile litigation; from complex commercial and residential real estate issues to wealth management; from labor and employment law to healthcare; from capital raising and entity formation to corporate growth and expansion locally, nationally and internationally.
In reviewing and negotiating technology acquisition agreements, product or service, with a well-defined specification and having completed the "or what?"
United States Media, Telecoms, IT, Entertainment
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In reviewing and negotiating technology acquisition agreements, product or service, with a well-defined specification and having completed the "or what?" analysis, a sometimes forgotten issue relates to how the performance of the suppliers compliance with the specification is to be accomplished. The ubiquitous "Test Man" used the "Can you hear me now?" method. Most would agree that, while mildly enjoyable to watch, such efforts would not serve as an effective method to confirm service levels are being achieved.

Purchasers of technology products and services need to create their own contractual Test Man and clearly address in their agreements important elements related to the service levels including: the testing methodology, frequency, calculation methods and reporting on each service level. In many situations, when considering these issues purchasers find adjustments need to be made to the Service Levels so as to achieve comfort that the product or service received will meet its expectations.

Failing to adequately define testing methodology, frequency, calculation methods and reporting on each service level can result in significant frustration when it becomes apparent that a failure has gone unrecognized and no remedy is provided due to your "Test Man" not asking the right questions or worse yet, any questions at all.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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