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AQUA-METRIC SALES COMPANY (2)
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AQUA-METRIC SALES COMPANY (2)
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Last modified
8/14/2025 9:59:52 AM
Creation date
12/7/2020 11:30:33 AM
Metadata
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Contracts
Company Name
THIRKETTLE CORPORATION, dba AQUA-METRIC SALES COMPANY
Contract #
A-2020-231
Agency
Public Works
Council Approval Date
11/17/2020
Expiration Date
1/1/1900
Insurance Exp Date
7/1/2026
Notes
For Insurance Exp. Date see Notice of Compliance
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SmartWorks (or its authorized reseller) for the implementation and other professional servicestobeperhormed <br />by SmartVVorka. Should the technical demands of the infrastructure mahyho|ky change due to changes such <br />as total number of meters, interval ien0kha' or number of virtual meters, SmortVVorka remem/aa the right to <br />reoameea and redefine the infrastructure required for acceptable performance and adjust the Annual Hosting <br />Fees accordingly. <br />7. Customer Responsibilities <br />(a) Customer Equipment. Customer agrees that it shall be responsible, at its sole expmnse, for providing all <br />Internet access, including but not limited to obtaining' installing and maintaining all equipment, hardware, <br />network, Internet or direct telecommunications connections and software applications (e.g. web browser) at <br />Customer's facilities required for Users to mmceaa and use the Hosting Services. SmartWorks shall not be <br />responsible for the operation of any |ndmrnmt, network or other communication services. Customer further <br />acknowledges that access to and the operation of the Hosting Services requires Customer's and Users' <br />hardware to be of sufficient quality, condition and repair, and Customer agrees to and/or to ensure that Users' <br />maintain their applicable hardware in the appropriate quality, condition and repair at its sole cost and expense. <br />(b) Passwords. Customer agrees to comply with all SmartWorks and its service providers' security policies and <br />procedures made available hzitand asmay beamended from time hztime. Customer and its Users shall be <br />responsible for keeping any and all passwords and user |O's assigned to its Users secret and confidential. <br />Customer agrees that it is and shall remain solely and completely liable for any communications or other uses <br />that are made using Customer's or its Users' passwords and user |O's, as well asany obligation that may <br />result from Such use. Customer agrees to notify SmartWorks promptly in writing if it believes that a password <br />has been stolen or might otherwise be misused, of any unauthorized use of any password or user ID, or any <br />other breach of security suspected by Customer related to the Hosting Services. <br />(c) Users. The Customer is responsible for (i) the actions of Users using the Hosting Services in accordance <br />with this A8neemend�(ii)ensuring that Users agree toany further terms and conditions nmmay beprovided by <br />SmartWorks from time to time for Users', and (iii) informing SmartWorks of any information about Users'actions <br />that may affect either the Hosting Services orthird party data contained inorused bythe Hosting Services, or <br />SmnrtWorks' ability to provide the Hosting Services as contemplated bythis Agreement. <br />(d) Compliance with Laws. Customer represents and warrants to SmmrtWorksthmt it and its Users will at all <br />times be in compliance with all applicable local, sbabe, provincial, federal and international laws, rules and <br />regulations including but not limited tnthose laws regarding restrictions onexports (including the W.S.Export <br />Administration Regulations, end -user, end use and destination restrictions by Canadian, U.S. and other <br />governments related to SmartVVorka and its service provider's products, services and technologies), <br />defamation, |ibe|, harm to reputation, invasion of privacy, misuse or failure to protect personal information, <br />violation of secrecy, confidentiality, unfair competition and other situations which could generate liability. <br />(e) Data Security. Customer acknowledges and agrees that use of or connection to the Internet is inherently <br />insecure and provides opportunity for unauthorized access by o third party to Customer's and its Users' (as <br />well as SmartWorks'and its service providers') computer systems, networks and any and all information stored <br />therein. Customer is solely responsible for ensuring that (i) Customer's computer systems are secure and <br />protected from unwanted interference (such ea"hockero"and viruaeo)' (ii)all transmissions are screened for <br />viruses or other harmful code prior to transmission to SmartWorks' servers-, and (iii) Data is encrypted. If any <br />Data could besubject togovernmental regulation or may require security measures beyond those specified <br />by SmartWorka for the Hosting Services, Customer will not input or provide such content or Data unless <br />Smar8Norkm has otherwise first agreed in writing to implement additional security and other measures. By <br />using the Hosting Services, Customer acknowledges that it meets Customer's requirements and data <br />(including personal information) processing instructions. <br />SMARTWORKS AND ITS THIRD PARTY SERVICE PROVIDER OQNOT GUARANTEE THE PRIVACY, <br />SECURITY, AUTHENTICITY, AND NON -CORRUPTION OFANY INFORMATION TRANSMITTED OR <br />STORED |NANY SYSTEM CONNECTED TDTHE KNTERNET. SMARTVV0RKSAND ITS THIRD PARTY <br />N. Harris CvmputerCorpmramon-nonnmnntia| Page oor1e <br />
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