Dingo Service Level Schedule

Dingo Service Level Schedule

Dingo Mining Pty Ltd ABN 76 154 370 706.

In this schedule, “DINGO”, “we”, “us” and “our” mean Dingo Mining Pty Ltd. 

1. Application, roles and interpretation

1.1 Application. This Schedule applies to the extent that Dingo provides the Software or the Services to a Customer under an agreement between them that incorporates this Schedule (the “Principal Agreement”). Where it is incorporated, it forms part of the Principal Agreement.

1.2 Performance through affiliates. Dingo may perform any obligation under this Schedule through its affiliates, including its regional operating entities. Dingo named in the Principal Agreement remains responsible to the Customer for that performance.

1.4 Precedence. Where this Schedule and the Principal Agreement address the same matter, the Principal Agreement prevails, except in respect of the availability commitment, its measurement and exclusions, and the service credits payable, where this Schedule prevails. Where the Principal Agreement records a different value for a matter this Schedule addresses, that value applies in place of the default in this Schedule.

1.5 Definitions. In this Schedule:

• “Ancillary Components” means the components listed in clause A3, which are provided on a best-efforts basis and carry no service level.
• “Commencement Date” means the date on which the Principal Agreement commences.
• “Customer” means the entity that has entered into the Principal Agreement with Dingo.
• “Dingo” means Dingo Mining Pty Ltd ABN 76 154 370 706.
• “Services” means the asset health services provided by Dingo under the Principal Agreement.
• “Software” means the Dingo Trakka® software licensed by Dingo under the Principal Agreement.

Part A — Availability and service credits

A1 Definitions. In this Part:

• “Availability” means that authenticated users of the Customer can access the Core Platform and perform the functions described in clause A2.
• “Core Platform” means the hosted Dingo Trakka® web application and associated API services that enable users to authenticate, view asset health records, and submit and retrieve condition data.
• “Downtime” means any period during which the Core Platform is not available, excluding the events listed in clause A2.
• “Monthly Uptime Percentage” means the total minutes in a calendar month, less Downtime minutes, divided by the total minutes in that month, expressed as a percentage. Downtime is measured by Dingo’s monitoring systems, which are the system of record for the purposes of this Schedule.
• “Scheduled Maintenance” means planned downtime notified to the Customer at least 48 hours in advance, not exceeding 4 hours in aggregate per calendar month.
• “Service Level Failure” means a calendar month in which the Monthly Uptime Percentage falls below the commitment in clause A2.

A2 Availability commitment. Dingo warrants that the Core Platform will achieve a Monthly Uptime Percentage of at least 99.0%, excluding unavailability caused by:

• Scheduled Maintenance;
• events outside Dingo’s reasonable control, including force majeure and third-party infrastructure failures (including internet service providers and cloud hosting providers);
• any act or omission of the Customer, or the Customer’s failure to comply with its obligations under the Principal Agreement; or
• the Customer’s own network, hardware or software, including the Dingo Trakka® Windows desktop client.

A3 Ancillary Components. The following are not included in the availability commitment and are provided on a best-efforts basis. Degradation or unavailability of any of them, while the Core Platform remains available, is not a Service Level Failure:

• intelligence and reporting services;
• third-party data interfaces, including oil analysis laboratory integrations and OEM telemetry connectors;
• the Dingo Trakka® Windows desktop client application; and
• integrations with Customer systems, including ERP and data lake connections.

A4 Service credits. On a Service Level Failure, the Customer’s remedy is a service credit calculated as the pro-rata portion of the monthly licence fee for the Core Platform corresponding to the period of Downtime, capped at 25% of that monthly licence fee in any calendar month.

A5 How credits are applied. Credits are applied against the following month’s invoice. Credits are not redeemable for cash, do not accrue across months, and are forfeited on expiry or termination of the Principal Agreement. A claim for a credit must be made in writing within 30 days after the end of the month in which the Service Level Failure occurred. Claims not made within that period are waived.

A6 Exclusive remedy. Service credits under clause A4 are the Customer’s sole and exclusive remedy for a Service Level Failure. The response and resolution targets in Part B, and the delivery commitments in Part C, are performance targets: they do not give rise to service credits or to any other financial remedy under this Schedule, and the Customer’s rights in respect of them are governed by the Principal Agreement. Nothing in this Part limits a party’s right to terminate the Principal Agreement for material breach, provided that an isolated Service Level Failure that is remedied by a service credit does not, of itself, constitute a material breach.

Part B — Support

B1 Scope. This Part defines how Dingo receives, classifies, responds to and escalates support requests relating to the Software. Availability, its measurement and the remedies for failing to meet it are dealt with in Part A and are not repeated here.

B2 Definitions. In this Part:

• “Business Hours” means Monday to Friday, 09:00 to 17:00 in the local time of the Supporting Region, excluding public holidays observed in that region.
• “Resolution” means restoration of the affected functionality, or provision of a workaround that allows the Customer to continue its normal use of the affected functionality.
• “Response” means acknowledgement of a Support Request by a Dingo support representative, confirming receipt, the assigned reference and the assigned Severity Level.
• “Severity Level” means the classification assigned to a Support Request under clause B4.
• “Supporting Region” means the Dingo region responsible for support delivery to the Customer. Where no region is recorded, it is the region in which the Customer’s site is located.
• “Support Request” means a request for technical support submitted by the Customer through a channel listed in clause B3.

B3 Channels and coverage. Any of the Customer’s personnel may raise a Support Request. Dingo does not require Support Requests to be raised by a nominated individual. Support is provided in English. The only channel to raise a support request is to send an email to help@dingo.com for all severity levels. The support request is processed during business hours. 

Dingo personnel observe the public holidays of their usual place of work and are not available on those days; the applicable calendar is that of the Supporting Region.

Dingo does not undertake to operate within, or to log requests directly into, a Customer-operated service management platform. Where the Customer requires Support Requests to appear in its own service management system, Dingo will co-operate in good faith to establish an email-based integration for that purpose, at the Customer’s cost.

B4 Severity levels. Dingo assigns a Severity Level to each Support Request on receipt, having regard to the descriptions below. The Customer may propose a Severity Level when submitting a Support Request. Where the parties do not agree on the classification, Dingo will discuss the matter with the Customer and may reclassify the Support Request, giving written reasons.

Severity	Description	Examples
1 — Critical	The Core Platform is not accessible to users, or core functionality within it is unavailable, and no workaround exists.	Users cannot authenticate or access the hosted web application; a cybersecurity incident affecting the Core Platform.
2 — High	An important defect that does not prevent access to the Core Platform. Core functionality remains available but capability is materially diminished.	Results do not appear on first load of a screen but appear on refresh.
3 — Medium	A defect that moderately disrupts day-to-day use, for which a reasonable workaround exists.	An optional field on a screen does not accept input.
4 — Low	A minor defect that does not affect day-to-day use, for which an easy workaround exists.	A cosmetic or labelling error.

B5 Response and resolution targets. Dingo will use reasonable efforts to meet the following targets. Time runs from receipt of the Support Request through the channel listed in clause B3, and runs during Business Hours only.

Severity	Response target	Coverage
1 — Critical	1 Business Hour	Business Hours
2 — High	2 Business Hours	Business Hours
3 — Medium	4 Business Hours	Business Hours
4 — Low	24 Business Hours	Business Hours

Dingo will apply reasonable efforts until the affected functionality is restored or a workaround is provided, and will keep the Customer informed of progress at intervals appropriate to the Severity Level. The targets in this clause are performance targets and do not give rise to service credits; service credits arise only on a Service Level Failure under Part A.

B6 Escalation. Escalation is initiated by Dingo without the need for a request from the Customer where a trigger below is met. The Customer may also request escalation at any time. The Dingo roles below are fixed by this Schedule; the names and contact details of the individuals holding them, and of the corresponding Customer representatives, can be asked at any point in time.

Level	Dingo role	Trigger
L1 — Operational	Condition Intelligence or regional support representative	A Support Request is raised.
L2 — Management	Services Lead, Supporting Region	A Severity 1 and Severity 2 request is not resolved within 7 days.
L3 — Regional executive	Regional Vice President	A Severity 1 request and Severity 2 request is not resolved within 14 days.
L4 — Engineering executive	Vice President — Engineering	A Severity 1 request and Severity 2 request is not resolved within 31 days.

B7 Reporting and review. Dingo will make available to the Customer, on request and no more than once per calendar month, a summary of Support Requests raised in the preceding month showing the number of requests by Severity Level, their status, and the Monthly Uptime Percentage for the Core Platform. Where the Principal Agreement so provides, Dingo will additionally convene a service review meeting at the frequency stated in that agreement, of up to one hour and conducted remotely. Standing service level management reporting and meetings apply only where the Principal Agreement expressly includes them.

B8 Exclusions and dependencies. This Part does not apply to, and no target in it is engaged by:

• Ancillary Components, which are provided on a best-efforts basis under clause A3;
• any matter arising from the Customer’s own network, hardware, software or environment;
• any matter arising from an act or omission of the Customer, or from the Customer’s failure to meet its obligations under the Principal Agreement;
• Scheduled Maintenance, and emergency maintenance under clause B9; and
• any request for new functionality, configuration change, training, data correction or other work that is not the correction of a defect, which is handled as a service request and prioritised by agreement.

Dingo’s ability to meet the targets in this Part depends on the Customer providing timely access to a representative able to describe the reported condition, sufficient information to reproduce it, and any access to Customer systems reasonably required to investigate it. Time during which Dingo is waiting on the Customer for that access or information does not count towards a response target.

B9 Planned and emergency maintenance. Dingo will use reasonable efforts to schedule planned maintenance outside Business Hours in the Supporting Region. Scheduled Maintenance is notified and limited as set out in clause A1 and is excluded from the availability calculation. Dingo may perform emergency maintenance at any time, and will notify the Customer as soon as practicable and provide a summary of the cause following the event.

Part C — Delivery of the Services

C1 Delivery commitments. The following apply unless the Principal Agreement states otherwise.

Service element	Commitment
Condition monitoring reports	Issued within 5 Business Days after Dingo receives complete condition and sample data for the reporting period.
Critical condition alerts	Notified to the Customer’s nominated representative within 1 Business Day after Dingo identifies a condition it assesses as critical.
Remote program support	Response within 2 Business Days of a request from the Customer’s nominated representative.
Program review meetings	Offered quarterly during the term of the Principal Agreement.
Implementation support	As set out in the Principal Agreement.

C2 Dependencies. The commitments in clause C1 assume the Customer meets its obligations under the Principal Agreement, including providing condition and sample data, site access and a nominated representative. Where the Customer does not, the affected commitment does not apply for that period.

C3 Nature of the Services. This Part sets out delivery timeframes only. It does not create any warranty as to the outcome or result of the Services, and it does not limit or vary any warranty given in the Principal Agreement.

Part D — General

D1 Liability. Any limitation or exclusion of liability in the Principal Agreement, and any provision of the Principal Agreement stating the obligations of Dingo, applies to liability arising under this Schedule. Nothing in this Schedule limits or excludes any liability that cannot be limited or excluded under applicable law.

D2 Contacts: Dingo can provide on request the escalation contacts for each level in clause B6. The customer must provide the Customer escalation contacts. Either party may update its own contacts by written notice to the other, and no amendment to the Principal Agreement or to this Schedule is required. Both parties should review the contacts at least annually and following any change of personnel in a listed role.

D3 Changes to this Schedule. The version of this Schedule that applies is the version current at the Commencement Date, and a copy of that version will be provided to the Customer on request. A later version applies to an existing Principal Agreement only if the Customer agrees to it in writing, except that Dingo may amend this Schedule without the Customer’s agreement where the amendment improves a service level or is required to comply with applicable law. Each version remains available.

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