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HomeMy WebLinkAbout5.500B Original Contract 5. 5DO ~~ us Netcomâ„¢ 710 South Malden Lane. Joplin, MIssouri 64801 PO Box 1926 . Joplin, MIssouri 64802 800-695-7788.417-781-1185. Fax 417-781-1176 . www usnetcomcorp com Corporation Enclosed, please find the original agreement(s) which has been countersigned by a representative of our company. Please retain the original in your files for future reference. Thank you, we appreciate your business. Should you have any questions, please ,dp not hesitate to contact me. Thanks! Jeanne Hartje . ' SOFTWARE MAINTENANCE AND SUPPORT AGREEMENT 1) Terms of Agreement ThIS agreement wIll be for a term of one (I) year begmnmg on the date of acceptance by US Netcom CorporatIOn ThIS Agreement WIll automatically be renewed upon receIpt of sIgned contract, Purchase Order, credIt card mformatIon or check for contractual amount 2) Rates A) The maIntenance charge IS outlined on the face of thIS Agreement US Netcom CorporatIOn reserves the fight to make changes to the maIntenance charge on SIxty (60) days notIce to the customer B) US Netcom CorporatIOn waIves ItS nghts to mcrease charges dunng the term of the Agreement. 3) Service Charge A) The maIntenance charge entItles the customer to the followmg servIces relatIng to the software ItemIzed below' I) Replacement or adjustment offaulty or malfunctIOnIng software 2) ServIce WIll be aVailable durIng normal workIng hours (600 AM to 600 PM CST, Monday through Fnday exclusIve of holidays) B) The mamtenance charge does not Include, and the customer wIll be bIlled for, serVIce calls ansIng from. I) Abuse or mIshandling of the software 2) Damage or malfunctIOn caused by forces external to the software, mcludIng, but not limIted to fire, flood, or acts of God, envIronmental condItIOns such as temperature, humIdIty, power fluctuatIOns or failure, and statIc electncIty, or any cause other than ordInary use. e) The customer agrees to allow any US Netcom CorporatIOn serVIce representative access to the software at any reasonable time, and to comply WIth any reasonable suggestIOns made by the representatIve WIth regard to the operatIOn of the software, and to cooperate fully WIth US Netcom CorporatlOn m the provIslOn of serVIce under the terms of thIS Agreement 4) Payment All addItional charges not covered by the maIntenance charges outlined In this Agreement WIll be InVOiced upon completIOn, and WIll be due and payable upon receIpt of the InVOice. Ifpayment IS not made WIthIn thIrty (30) days ofreceIpt ofthe inVOICe, thIS Agreement wIll be terminated. 5) Default EIther party may, on thIrty (30) days' wntten notice, termInate thIS Agreement If the other party faIls to comply WIth the terms of this Agreement, and such termInatIOn shall be the sole remedy of eIther party In the event of default 6) Miscellaneous Terms A) The customer warrants that he IS the owner of the software to be covered by the Agreement, or that he IS the lIcensee of the software covered by thIs Agreement, or that he IS an authoflzed representatIve of such owner and license, and that he has the authonty to enter Into thIS Agreement B) Duplicate software provIded under thIS Agreement WIll be of equal functIOnalIty and quality as the ongmal C) The customer agrees that the system covered under thIS Agreement may not be moved to another address WIthout the pnor wntten consent of US Netcom CorporatIOn D) US Netcom claSSIfies technIcal support as problem resolution, trouble shootIng and debugging 7) Telephone Support US Netcom CorporatIOn shall furnIsh to the customer, telephone support and reVISIOns of the software preVIOusly purchased on an as needed baSIS released by US Netcom Corporation for the penod of thIS contractual agreement 8) Maintenance and Software Support Mamtenance and Software Support shall consIst of A) Software enhancements and program updates as needed. B) Access to US Netcom's toll-free TechnIcal Support staff. C) Support faCIlitIes WIll be avaIlable to customers on a first come first served baSIS and WIll be aVailable dunng normal bUSIness hours whIch are 6.00 AM to 6 00 PM CST, Monday through Fnday, exclUSIve of holidays. 9) Additional Services Available Product tmmmg for system operators can be purchased for an additIOnal fee US Netcom offers tIered-support plans for customers desmng Immediate techmcal support assIstance Phone: 360-417-4617 Agreement/Registration Number: PW11002 For Phonemaster for Windows (1 Un Effective: 12/27/2005 Through: 12/26/2006 Customer Approval and Acceptance by: Price: $279.00 Total: $279.00 ;!!:.'A/(!~ # 93/Y ~ Customer AuthOrized Signature Title Jim Harper lit Director City Of Port Angeles 321 E. 5th Street Port Angleles, WA 98362 US Netcom Corpora lion 710 South Malden Lane - Joplin, MO 64801 800-695-7788 FAX: 877-829-8607