4 ms·
(Citing this from my personal experience of dealing with contracts and service issues). Read your contract's clauses for the following: 1. SERVICE levels. If
by vivegi 4y ago
(Citing this from my personal experience of dealing with contracts and service issues).
Read your contract's clauses for the following:
1. SERVICE levels. If you have agreed service levels and the vendor is in breach of those, you have recourse under the escalation process.
2. ESCALATION process. If your contract defines an escalation process, you may want to first escalate the service level breaches following the process outlined there to get remedies.
3. SERVICE credits. If your contract specifies service credits (i.e., amounts you can deduct from the invoice for breaches of SLAs a.k.a. penalties), invoke them. Nothing gets attention like dollars and cents. Ensure that you have this right specified in the contract.
4. TERMINATION clause. If you have a "Termination with cause" clause, you may want to use that to cut your losses and is invoked after the escalation process fails. Typically, these have an "opportunity for cure" language to provide the vendor an opportunity to cure the issue. If there is a "Termination for convenience" clause, that is a leverage you have as a last resort. (Typically, you just have to give X days notice that you are terminating it and fulfill the obligations under that clause).
Talk to your vendor relationship manager (i.e., the vendor's official representative, if mentioned in the contract) and document the issues in writing. Agree on any remediation steps in writing with dates/timelines and joint reviews.
Internally, talk to your legal team to understand your options under the contract and also your rights and obligations. (Don't underestimate the legal team's values in this exercise. They can very quickly tell you what to do.)
Good luck.