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TurnPoint Assist is an end-to-end home and community care software solution, providing aged and disability care service providers with the ability to manage staff, clients, and finances. The TurnPoint Assist Platform is owned, operated, and supported by TurnPoint Software Pty Ltd (ACN: 605 887 536).
This Service Level Agreement (“SLA”) outlines the technical support that TurnPoint provides to our clients, such that they are able to successfully meet their objectives via ongoing use of TurnPoint solution.
The services detailed within this SLA are included within the standard subscription fees paid by TurnPoint users and duly appointed TurnPoint resellers.
Technical support is managed by the TurnPoint Service Desk Support team via the TurnPoint Service Desk Portal. This portal is also supported by both email and telephone.
The services provided by the TurnPoint Service Desk Support cover:
This SLA details our metrics and performance standards across the areas of:
This SERVICE LEVEL AGREEMENT (“Agreement”), dated 1 August 2021, is made by and between TurnPoint Software Pty Ltd (ACN: 605 887 536) (“TurnPoint”) AND all TurnPoint Assist licensed users and duly appointed resellers.
TurnPoint Software agrees to perform following services (“Support”) for the Parties in a timely, efficient, and professional manner:
For the removal of doubt, all provisions within this Service Level Agreement apply only to the TurnPoint Assist Software platform. Other software platforms offered by TurnPoint Software are covered by their own individual Service Level Agreements.
The scope of this agreement includes provision of the TurnPoint SaaS solution. For avoidance of doubt, hardware and telephony infrastructure required to access the TurnPoint solution are outside the scope of the Agreement. The following table outlines the methodology in which TurnPoint will classify faults that are reported by Parties to the TurnPoint Service Desk Portal.
| Fault Level | Fault Classification | Fault Description | Examples of Fault |
| 1 | Critical | Critical problems severely affecting service levels provided to the Parties | Unplanned system outages affecting all users. Critical system functionality is unusable, and there is no suitable work around availability. Service levels to Parties are severely affected. |
| 2 | High | High impact problems cause similar conditions but to a lesser degree. Fault situations that present a high threat to the Parties. | Partial system outage impacting a large number of users; and Customer service levels are in jeopardy due to server stability. |
| 3 | Medium | Medium impact problems do not significantly impair the functioning of the overall system and do not significantly affect service to customers. | Individual User FaultNo significant impact on system function (less than 10% of users are affected) |
| 4 | Low | Low impact problems have minor impact to system functionality or service to customers. | Functionality is restored and working adequately, however, a permanent fix is not yet available. Scheduled ‘bug’ fixMinor impact on customer usage of the platform |
The table below articulates the target response times to the fault classifications enumerated within section 3 of this agreement. The target response times provided in the table below refer to how quickly TurnPoint will respond to a technical issue being raised via phone, email, or other methods.
| Organisational Area | Fault Level 1 | Fault Level 2 | Fault Level 3 | Fault Level 4 |
| Remote Network Monitoring & Management | 24x7x365 | 24x7x365 | 24x7x365 | 24x7x365 |
| Customer Care | 8:30 am- 5 pm AEST Mon-Fri excludes Public Holidays | 8:30 am- 5 pm AEST Mon-Fri excludes Public Holidays | 8:30 am- 5 pm AEST Mon-Fri excludes Public Holidays | 8:30 am- 5 pm AEST Mon-Fri excludes Public Holidays |
| Emergency Contact Centre |
24x7x365 |
24x7x365 |
N/A |
N/A |
| Target Response Time | 1 hours | 2 hours | 2 business days | 2 business days |
| Target Repair Time | 2 hours | 4 hours | 7 business days | On advice |
| 3rd Party Data Centre Hosting (Virtual Machine) | Best efforts to manage 3rd party based on their SLA | |||
Availability is the percentage of time the TurnPoint Assist platform is operational and ready for use. Some services can be designed for high availability by increasing the reliability, scalability, and fault tolerance of the individual components.
At times, services may be partially available, meaning that some customers are working and others or not. Or it could be that some features are working while others are not. Adjusting for partial availability gives a more accurate reflection of how well the service is performing but is more complex to calculate.
Service Credits will be applied and rebated by TurnPoint to the Parties, at their request, as outlined in APPENDIX A.
The availability target for TurnPoint Assist to the Parties is 99.9% uptime.
TurnPoint guarantees that the TurnPoint platform and virtual server environment will be available 99.9% of the time in each month, excluding scheduled maintenance.
The guarantee is back-to-back with TurnPoint’s hosting provider.
| Network Infrastructure | Availability Target |
| TurnPoint Platform | 99.9% |
| Virtual Server Environment | 99.9% |
Parties may request service or report a non-critical incident by contacting the TurnPoint Service Desk Portal via email at support@turnpointcare.com.au or via phone at 1300 110 127. Parties will be kept up to date via email. Parties should call the TurnPoint Service Desk Portal to report and fault or critical incident. The Service Desk is staffed to respond quickly to customer requests and escalate to the appropriate team to restore to normal service as quickly as possible.
In addition to regular maintenance, there are other time periods when a service may not be required. For instance, some non-critical services may only need to be up and running during office hours.
All services require regularly scheduled maintenance windows to:
TurnPoint makes every effort to minimise the impact of maintenance on the availability of the service. However, you should know that the service may be unavailable during a portion or the entire maintenance window.
We will endeavour to provide ample notice time for maintenance periods when system downtime is required, and where possible perform these tasks outside business hours.
Mission critical services may be designed to remain operational during maintenance periods, although this arrangement typically incurs additional cost. TurnPoint can provide quotes to Parties for this premium service as requested. At times, a mission critical service or infrastructure component may require an exception to the standard maintenance schedule.
There may be times when Parties request new capabilities or other changes that are intended improve the service. All service changes (except for emergency situations) must be scheduled through the TurnPoint Service Desk. Emergency changes are those required to restore the service to normal operations, such as dealing with an outage. These are executed as quickly as possible, without the need for an extensive approval process by TurnPoint and the Parties.
The provider will gather the information on regular intervals and will consolidate the results into reports that are shared with Parties at their request. Any comments or disputes relating to Service Levels or Service Level Reports will be addressed by TurnPoint and the Parties within 14 business days.
TurnPoint guarantees that the TurnPoint Assist Platform and Virtual Server Environment will be available 99.9% of the time in each month, excluding scheduled maintenance.
99.9% means the maximum allowed downtime per month is 43 minutes. If the availability of the TurnPoint Assist Platform or the Virtual Server Environment is below 99.9% in each month, at the request of the Parties TurnPoint will credit the Parties account pursuant to the below table:
| Availability of Monthly Billing Cycle | Monthly Service Credit |
| Less than 99.90% but equal to or greater than 99.0% | 10% |
| Less than 99.0% but equal to or greater than 95.0% | 15% |
| Less than 95.0% | To be Negotiated and Agreed |
TurnPoint will apply Service Credits only against future payments. Service Credits will not entitle you to any refund or other payment from Turnpoint Software. Service Credits, if applicable, will be calculated by Turnpoint Software and applied to the monthly system access charges invoice. The client may request additions / changes to the SLA credit in any given billing cycles in writing by emailing accounts@turnpointcare.com.au.
Service Credits do not apply to any unavailability, suspension or termination or performance issues that are caused
by factors outside of our reasonable control, including any force majeure event or Internet access or related problems.
In interpreting these terms and conditions the following terms shall have the corresponding meaning.
1.1. “Business hours” mean the working day period during which maintenance service shall be provided, namely 8.30 a.m. to 5.00 p.m AEST. five (5) days per week Monday to Friday, excluding public or business holidays.
1.2 “AEST” refers to Australian Eastern Standard Time. When day light saving time is in effect these timings will be considered to be AEDT.
1.3 “System” means the TurnPoint Platform and/or the software relating to the operation of the TurnPoint Platform.
1.4 “Maintenance” means preventative maintenance and remedial maintenance of the Equipment.
1.5 “Parties” means TurnPoint Software Pty Ltd, a licensed user or a duly appointed reseller
1.6 “Customer” means the other party to this Agreement.
1.7 “GST” means the tax imposed by the A New Tax System (Goods and Services Tax) Act 1999.
1.8 “GST Rate” means the percentage rate set out in Section 9-70 of the A New Tax System (Goods and Services Tax) Act
1999 or as amended.
2.1. The Parties shall pay all service charges applied in the End User Licensing Agreement and/or the Reseller Agreement, whichever is applicable.
2.2. Payment of all invoices shall be due pursuant to the terms of the End User Licensing Agreement and/or Reseller Agreement, whichever is applicable. Late payments are subject to a late payment charge equal to the Commonwealth Bank of Australia Lending Rate at the date the relevant payment was due plus a one percent (1%) margin, on any balance due. Restrictive endorsements or other statements on cheques will not be accepted by TurnPoint.
2.3. Parties will be liable for reimbursing reasonable legal fees and any other costs associated with collecting unpaid monies.
2.4 Parties shall pay any taxes arising out of the operation of this Agreement including any goods and services tax (GST) taxes and levies arising out of changes in law, however designated (excluding taxes on TurnPoint net income) unless the Parties provide TurnPoint with an appropriate certificate of exemption. In the event that the Customer provides TurnPoint with an appropriate certificate of exemption from any taxes owed, the Parties indemnifies TurnPoint for any mistakes, omissions or other errors contained within that certificate which make that certificate void or otherwise not valid.
2.5 Notwithstanding the requirement for payment of GST if GST is or becomes payable with respect to any supply made or deemed to be made, or other matter or thing under or in connection with this Agreement the consideration otherwise payable by the Parties for the supply of products or services provided by TurnPoint to the Parties (“Basic Consideration”) will be increased by an amount calculated by multiplying (i) the Basic Consideration by (ii) the GST Rate at the time.
2.6 The obligation to pay the increased consideration under this clause for a supply only arises if the Parties for that supply has been given a tax invoice (either as a separate invoice or combined within an invoice for the sale of goods or services to the Parties), relating to that supply if it satisfies the requirements of the A New Tax System (Goods and Services Tax) Act 1999 or its successor.
Except as provided for by law and herein, TurnPoint, its related corporate entities, subcontractors and suppliers make no warranties expressed or implied. To the extent permitted by law, TurnPoint specifically disclaims any warranties of merchantability or fitness for a particular purpose.
4.1. This Agreement does not cover maintenance, testing or repair or parts that are damaged, or malfunction or for
service failures caused by:
4.2 TurnPoint Software is under no obligation to provide service to software i
4.3 TurnPoint may agree to perform services in the situations set out in this Clause 5 at TurnPoint’s sole discretion in
which case additional charges shall apply.
5.1. For purposes of the exclusive remedies and limitations of liability set forth in this section, “TurnPoint” is deemed to include TurnPoint Software Pty Ltd, its related corporate entities and the directors, officers, employees, agents, representatives, sub-contractors and suppliers of all of them and “Damages” will refer collectively to all injury, damage, loss or expense incurred regardless of nature.
5.2. The maximum aggregate liability of TurnPoint for Damages whether for breach of this Agreement or in negligence or any other tort or for any other common law or statutory cause of action arising from or connected with this Agreement is:
5.3. To the extent that TurnPoint can limit the remedies available under this Agreement, TurnPoint expressly limits its liability for breach of a condition or warranty implied by virtue of any legislation (including without limitation the Australian Consumer Law or any equivalent State or Territory legislation) to, the choice of which is to be at TurnPoint’s absolute discretion.
5.4. In no event is TurnPoint liable under or in connection with this Agreement for any indirect, incidental, special, economic or consequential loss or damage, loss of revenue, profits, goodwill, bargain or opportunities or loss or corruption or data or loss of anticipated savings incurred or suffered by the Parties whether in an action in contract, tort (including without limitation negligence), product liability, statute or otherwise and whether or not TurnPoint was aware or should have been aware of the possibility of such loss or damage.
6.1. If TurnPoint fails to perform or observe any material term or condition of the Agreement which is caused by TurnPoint’s negligence or wilful acts and such failure continues for thirty (30) days (except if caused by a Force Majeure event) after TurnPoint is in receipt of the Parties written fault notice is respect of TurnPoint’s failure to perform, the Parties may terminate this Agreement without penalty.
6.2 If the Parties fail to pay any charge when due and such payment is not received by TurnPoint within fourteen (14) days after receipt of written notice or if the Parties fails to perform or observe any other material term or condition of this Agreement and such failure continues for thirty (30) days after receipt of written notice the Parties are in default of this agreement then TurnPoint may terminate this Agreement and exercise any available right.
6.3 This Agreement automatically terminates if the Parties becomes insolvent, make a general assignment for the benefit of creditors, suffers or permits the appointment of a receiver to the Parties business or assets, becomes subject to any proceedings under bankruptcy or insolvency law whether domestic or foreign, or is wound up or liquidated voluntarily (other than for the purposes of solvent reconstruction).
TurnPoint is not liable for damages due to fire, explosion, pest damage, power surges or failures, strikes or labour disputes, water, acts of God, the elements, war, civil disturbances, acts of civil or military authorities or the public enemy, acts of terrorism, inability to secure materials or components, transportation facilities, fuel or energy shortages, acts or omissions of communications carriers or governmental regulatory authorities or agencies, unauthorised use of the products, services or software to TurnPoint or other causes beyond TurnPoint’s reasonable control whether or not similar to the foregoing.
Neither party may assign this Agreement without the prior written consent of the other party. TurnPoint may assign this Agreement without such consent to a present or future related corporate entity or TurnPoint’s successor in title, upon written notification to the customer.
TurnPoint may subcontract any or all of the work to be performed under the Agreement but retains responsibility for the work.
10.1. Any supplement, modification, or waiver of any provision of this Agreement must be in writing and signed by authorised
representative of both parties.
10.2. If any provision of this Agreement is found to be invalid or unenforceable, the parties agree that the remaining provisions remain in effect. The parties further agree that in the event such invalid or unenforceable provision is an essential part of this Agreement, they must immediately begin negotiations for a replacement provision.
10.3. If any Party fails to enforce any right or remedy available under the Agreement, that failure is not to be construed as a waiver of any right or remedy with respect to any other breach or failure by the other party.
10.4. The section headings in this Agreement are inserted for convenience only and are not intended to affect the meaning or
interpretation of the Agreement.
10.5. This Agreement is construed in accordance with and governed by the laws in force in the state of New South Wales and both parties hereby submit to the non-exclusive jurisdiction of the courts of the state of New South Wales.
10.6. This Agreement and all appendices and schedules incorporated herein by reference (including Appendix A & B) constitutes the whole of the agreement and understanding between the parties with respect to the subject matter hereof and representations and agreements not expressly contained herein or incorporated herein by reference is not binding upon TurnPoint as conditions warranties or otherwise.
10.7 All conditions, warranties, and representations on the part of TurnPoint whether expressed or implied, statutory or otherwise, whether collateral or antecedent hereto or otherwise except as expressly set out in this agreement are excluded.
10.8 A notice, approval, consent or other communication in connection with this Agreement must be in writing and sent by mail or facsimile to the other party or parties at the address shown on the front page of this Agreement, or if the addressee notifies another address, then to that address.
10.9 A notice, approval, consent or other communication takes effect from the time it is received unless a later time is
specified in it.
The Parties acknowledges and warrants that it has read and understood the terms and conditions attached to this Agreement including limitations of liability, warranties and exclusive remedies. By commencing use of the System the Parties acknowledge that they are bound by the terms of this Agreement.
