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SYSTEM INNOVATORS 1 - 2001
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SYSTEM INNOVATORS 1 - 2001
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Last modified
1/3/2012 2:11:59 PM
Creation date
10/17/2003 2:09:27 PM
Metadata
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Template:
Contracts
Company Name
System Innovators
Contract #
A-2001-168A
Agency
Finance & Management Services
Council Approval Date
8/20/2001
Expiration Date
3/31/2008
Destruction Year
2012
Notes
Amended by A-2001-230, A-2003-207, A-2004-026, A-2005-047 and A-2006-042
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6. Software Support Services. (a) SII will provide the following services under this Agreement <br />"Sot~vare Support Services") for the Covered Sofrware: (i) Help desk support including technical assistance by <br />telephone, modem, fax service and/or courier; (ii) Correction of errors or deficiencies in licensed modules of SII <br />Sot~vare; (iii) Maintenance of customized source code at SII's office for access by SII's personnel; (iv) New <br />releases of licensed SII Sot~avare modules and documentation, as available, at no charge other than the Support <br />Services fee; (v) Off-site backup of customized source code; (vi) Telecommunication charges associated with SII <br />initiated calls for modem and telephone support services; and (vii) Toll-free phone service for incoming phone calls. <br /> <br /> (b) The following services are specifically excluded from Software Support Services: (i) Operation of the <br />Sott'ware in the normal course of business; (ii) Consulting, programming or training services that are not associated <br />with Sofiware errors or deficiencies; (iii) Programming or analytical assistance relating to enhancement of existing <br />programs or the creation of new programs; (iv) Programming or analytical assistance relating to restoring programs <br />and/or computer accessible data files rendered inoperative due to any cause outside of SII's control; and (v) <br />Supporting any software not covered under this Agreement. Such services, if requested by the Customer, may be <br />provided by SII for additional charges equal to the then current rates for such services. <br /> <br /> 7. Customer Responsibilities. Customer's responsibilities under this Agreement include: (i) Providing <br />a suitable environment for the Hardware, as specified in the manufacturer's product literature and as specified by SII <br />in any written instructions to Customer; (ii) Installing all required communication network hardware and software; <br />(iii) Ensuring the proper training for Customer staff involved with the Hardware, Software and Services (iv) <br />Explaining software requirements to SIPs personnel and pmviding copies of data on printed materials and/or <br />magnetic storage media that may assist SII in providing Services; (v) Providing a modem hookup to the Hardware <br />when requested by SII; (vi) Informing SII of changes in related hardware and sottware and their configuration; (vii) <br />Informing SII of changes in Hardware locations; (viii) Backing up, removing, and pmtecting, as applicable, data and <br />removable storage media contained in failing Hardware sent to SII; and (ix) Removing and controlling any currency <br />or other funds from Hardware before SII provides Support Services. <br /> <br /> 8. Sunvort Period. (a) The initial Support Period shall begin upon execution of this <br />Agreement by both parties and shall end one year afier the first Acceptance of Sofiware. Following authorization by <br />Customer's City Council, if required, and execution of an amendment by both parties, new Support Periods shall <br />begin at the end of each previous Support Period and end one year later unless: (i) either party gives at least 30 days <br />prior notice of termination of support services to the other party; or (ii) the Agreement is terminated according to the <br />terms of this Agreement. <br /> <br /> (b) Hardware Support Services and Software Support Services (collectively, the "Support <br />Services") shall be provided during the Support Period from 8 A.M. to 8 P.M. Eastem Standard Time or Eastern <br />Daylight Savings Time, whichever is in effect in Jacksonville, Florida, Monday through Friday, excluding nationally <br />recognized holidays ("Support Hours"). SII shall respond in a prompt, commemially reasonable manner within two <br />(2) hours during the Support Hours. <br /> <br /> 9. Delivery and Risk of Loss. All Hardware and Sof~are sold or licensed to Customer is shipped or <br />delivered at Customers expense. Customer assumes the risk of loss for Hardware and Software upon delivery. <br /> <br /> 10. Prices. (a) SII's charges for Hardware, Software licenses and Services are specified in the <br />Exhibits of this Agreement. The prices set forth in such Exhibits are exclusive of and Customer agrees to pay: (a) <br />shipping charges where not specifically covered; (h) SII's time and material charges plus reasonable travel and living <br />expenses, at cost, for additional Services requested by Customer; and (c) all taxes, including sales taxes, (however <br />designated) paid or payable by SII (exclusive of taxes based on SII net income) for Hardware, Services and Software <br />licenses provided hereunder. Customer agrees to support any claim for tax exemption for purchases hereunder by <br />providing SII with a copy of the applicable tax exemption certificate prior to delivery. <br /> <br /> (b) SII may increase or decrease prices for Hardware Support Services and/or Sofiware <br />Support Services to be effective at the beginning of any renewal of a Support Period by providing Customer notice <br />of such change at least 60 days prior to such renewal. SII may change hourly rates for Services authorized by the <br /> <br />SII - Purchase and Sol. are License Agreement 2 <br /> <br /> <br />
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