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Last modified
2/15/2019 9:00:34 AM
Creation date
1/24/2019 8:22:14 AM
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Template:
Contracts
Company Name
FRACTA
Contract #
N-2019-022
Agency
PUBLIC WORKS
Expiration Date
1/30/2020
Destruction Year
2025
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� O SOFTWARE AS A SERVICE AGREEMENT <br />• • • Master Terms and Conditions <br />F R A C TA Online Version <br />3.2 After the initial load of the Normalized Utility Data into the System, Fracta will <br />provide Customer up to two (2) additional loads of Normalized Utility Data into the <br />System per subscription year. The additional loads do not include an assessment <br />and cleaning. Fracta assumes that Customer will provide updated Utility Data in the <br />Normalized format. If the Normalized Utility Data cannot be loaded because of the <br />format provided by the Customer, Fracta will provide an estimate of fees to the <br />Customer for assessing and cleaning the data. Fracta will not load the data until <br />Customer has agreed in writing to pay the assessment and cleaning fees. <br />3.3 Fracta will provide online access to the Normalized Utility Data, which Customer can <br />view online and download. <br />3.4 Data Responsibility. Responsibility for ensuring that the data entered into the <br />System is accurate and reflects Customer requirements lies solely with Customer. <br />3.5 No Sensitive Data: Customer Responsibilities. The System is not intended for use <br />with protected health information under HIPAA, credit card numbers, financial <br />account numbers, or personalty identifiable information. Customer assumes all risk <br />arising from use of any such sensitive information with the System, including the risk <br />of any inadvertent disclosure or unauthorized access thereto. Customer is <br />responsible for ensuring that Customer's -use of the System is in compliance with all <br />applicable laws and governmental regulations and Customer assumes all risk arising <br />from any such use that is not compliant with applicable laws and regulations. <br />4. SUPPORT <br />4.1 System Updates and Changes. Fracta will provide access to Updates at no additional <br />charge, when they are commercially available. Fracta reserves the right to add new <br />features and functions to the System, and the right to discontinue features. Upon <br />Customer's reasonable request and on mutually agreeable terms, Fracta may enable <br />Customer to continue to use discontinued features or functions. <br />4.2 Errors. An Error is a defect in the programming of the System software that causes <br />it to fail to operate properly. Customer acknowledges that the software in general is <br />not error -free and agrees that the existence of errors in the Software shall not <br />constitute a breach of this Agreement. <br />4.3 Error Correction. Fracta wilt use commercially reasonable efforts to correct all <br />material Errors reported by Customer, or to provide a reasonable workaround using <br />its reasonable efforts during Fracta's normal business hours. Customer will provide <br />Fracta Confidential Page 4 of 11 February 7, 2018 <br />
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