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HomeMy WebLinkAbout5.500C Original Contract .5.500 ,. US Netcomâ„¢ 710 South Malden Lane. Joplin, MIssouri 64801 800-695-7788.417-781-1185. Fax 417-781-1176. wwwusnetcomcorpcom CorporatIon I , I TO , ' \'1('~ ~~';-':."i'~"" i...;f.l:I;,....Jt~ f'f[~ 'l'"l' ~I ~~_.;..~.~(::.., r....., .... ...... .... lJo!C". Jini Heir.' eO' It' riirec{or-' ,- ,.,' ," - _.' . " '" .1 . .i,~p. /f?\ ,4 l..' ..'1'~lr\~l ".t~ r-_ ".-1'1' ...t.~"'. \~....oI '-.-'l._ . M~ City b(P~6'r()(nge1es-':H'~'" ',' ',d' ", ""<'." -,",' :. '~n!q , \J" J!'~:'.l:- ",L:' . i''';11'':.'''-; ~~,f"'H~. '~J-:" '" ! ;:;1.' ~ "\ ,. , .~ r ".'t '-"''011. - I FROM: Jeanne Hartje US Netcom Corp SUBJECT Countersigned Agreement DATC 3 January, 2007 Enclosed, please find the original agreement(s) which has been countersigned by a representative of our company. : f ~, . : Please retain the original in your files for future reference. TH~~kl~~o~;;,~e~1~p~~.qiate ymu business. Should YOLl have any questions':"pl~ase"dc;'~ot hesitate to contact me. Thanks! Jeanne Hartje ,4 SOFTWARE MAINTENANCE AND SUPPORT AGREEMENT 1) Terms of Agreement ThIs agreement wIll be for a term of one (1) year begmmng on the date of acceptance by US Netcom CorporatIon ThIs Agreement wIll automatIcally be renewed upon receIpt of sIgned contract, Purchase Order, credIt card mformatlOn or check for contractual amount 2) Rates A) The mamtenance charge IS outlmed on the face of thIs Agreement US Netcom CorporatIOn reserves the nght to make changes to the mamtenance 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 relatmg to the software Iterruzed below 1) Replacement or adjustment of faulty or malfunctlOmng software 2) ServIce wIll be aVaIlable dunng normal workmg hours (6 00 AM to 6 00 PM CST, Monday through Fnday exclUSIve of holIdays) B) The maIntenance charge does not mclude, and the customer WIll be bIlled for, servIce calls ansmg from' 1) Abuse or rrushandlmg of the software 2) Damage or malfunctIOn caused by forces external to the software, mcludmg, but not IIrruted to fire, flood, or acts of God, envIronmental condItIOns such as temperature, hurrudlty, power fluctuatIOns or faIlure, and statIc electnclty, or any cause other than ordmary use C) 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 CorporatIOn m the provIsIon of servIce under the terms of thIs Agreement 4) Payment All addItIOnal charges not covered by the maIntenance charges outlIned m thIS Agreement WIll be mVOIced upon completIOn, and WIll be due and payable upon receIpt of the inVOIce. If payment IS not made wlthm thirty (30) days of receIpt of the mVOIce, thIS Agreement WIll be termmated 5) Default EIther party may, on tlurty (30) days' wntten notIce, termmate tlus Agreement If the other party faIls to comply WIth the terms of thiS Agreement, and such terrrunatlOn shall be the sole remedy of eIther party m 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 authonzed representatIve of such owner and lIcense, and that he has the authonty to enter mto 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 techmcal support as problem resolutIOn, trouble shootmg and debuggmg 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 Techmcal Support staff C) Support faCIlItIes WIll be aVaIlable to customers on a first come first served baSIS and Will be aVaIlable dunng normal busmess hours whIch are 6 00 AM to 6 00 PM CST, Monday through Fnday, exclUSive of holIdays. 9) Additional Services Available Product trammg 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 Lin Effective: 12/27/2006 Through: 12/26/2007 Customer Approval and Acceptance by: L2h- et#/c:Dd~D / Customer Authorized Signature Price: $279.00 Total: $279.00 Corporation Acceptance by : --G Title Jim Harper lit Director City Of Port Angeles 321 E. 5th Street Port Angleles, WA 98362 US Netcom Corporation 710 South Maiden Lane - Joplin, MO 64801 800-695-7788 FAX: 877-829-8607