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HomeMy Public PortalAboutGlobal Software 1-1-14 Annual Maintenance Agreement This AGREEMENT is made and entered into by and between GLOBAL SOFTWARE,located at 825 North Broadway Ave,Suite 4U(\Oklahoma City,OK73l82'and Tvbee Island PD,located atP/]'Box 1340 ' Tybee Island,GA 31328(hereinafter referred to as"CUSTOMER')this 1st day of January,2014. GLOBAL SOFTWARE will provide the CUSTOMER maintenance services for the Software licensed through GLOBAL SOFTWARE. Annual Maintenance consists of approved product enhancements,error corrections, and telephone assistance via GLOBAL SOFTWARE'S Customer Support Center. GLOBAL SOFTWARE will provide the CUSTOMER said maintenance under the following agreed upon terms and conditions: A. Commencing upon the 1st day of January, 2014, the CUSTOMER agrees to subscribe to Annual Maintenance for a period of one(1)year on a fee basis. The CUSTOMER further agrees that GLOBAL SOFTWARE'S fee for Annual Maintenance shall be Two Thousand Five Hundred Forty-Six Dollars ($2,546.00)for a total of 1 year. Thereafter,the CUSTOMER may cancel the next year's Annual Maintenance upon thirty (30) days prior written notice to GLOBAL SOFTWARE. In the event such notice is not timely received,GLOBAL SOFTWARE will automatically extend the Annual Maintenance for another one(1)year period. At the time of renewal,GLOBAL SOFTWARE reserves the right to increase the annual fee.If the CUSTOMER initially declines software maintenance or if maintenance for an item of Software is discontinued at Customer's request, additional maintenance for these items is not available under this agreement.The re-instatement of maintenance and support services is subject to additional charges and fees. The following software modules and interfaces are covered under this maintenance agreement: 1. MDS-psiTrack Software B. Annual Maintenance shall consist of and be provided under the following additional agreed upon terms and conditions: 1. Software a. SERViCE HOURS: GLOBAL SOFTWARE shall provide CUSTOMER with software support seven days a week,24 hours a day,365 days a year(24x7x365). Normal support hours are Monday-Friday 8:00 AM to 6:00 PM CST,excluding holidays. After hours support is available to the CUSTOMER for emergency assistance with critical,stop-work issues. b. ON-SITE SUPPORT: If the CUSTOMER requests on-site support service,GLOBAL SOFTWARE shall provide the CUSTOMER on-site support service on such date as is '"GLOBAL mutually agreed to by GLOBAL SOFTWARE and the CUSTOMER,provided,that the CUSTOMER shall bear the cost of such on-site support services,and provided further that the cost of such on-site support service shall include GLOBAL SOFTWARE'S personnel time calculated at GLOBAL SOFTWARE'S then prevailing hourly rate,plus reimbursement for reasonable travel and living expenses incurred by GLOBAL SOFTWARE personnel in connection with the provision of any on-site support service. c. SOFTWARE UPDATES: GLOBAL SOFTWARE shall make software updates,defined by GLOBAL SOFTWARE and incremental releases of the Software,available to CUSTOMER as part of this Annual Maintenance Agreement;GLOBAL SOFTWARE will deliver and install all updates and incremental releases. In GLOBAL SOFTWARE'S sole discretion,delivery and installation may be performed remotely over the Internet with proper notification and authorization from CUSTOMER. Additional configuration and re-configuration of the CUSTOMER'S data is NOT included as part of this Annual Maintenance Agreement.M jor software upgrades are available to the CUSTOMER at a discounted price.Examples of major software upgrades are new applications,new platforms,fully redesigned applications or new software solutions. d. ERROR RESOLUTION: GLOBAL SOFTWARE shall use its best efforts to confirm any suspected error,which is preventing continued accomplishment of the principal computing functions of the Software upon notification by the CUSTOMER of such suspected error. If the existence of an error is confirmed,GLOBAL SOFTWARE shall correct it as part of its obligation hereunder and said correction will be issued to the CUSTOMER. e. CAUSE OF ERROR: If the existence of a suspected error cannot be confirmed by GLOBAL SOFTWARE or should GLOBAL SOFTWARE ultimately determine that error exists because of either the CUSTOMER'S modification or conversion of the software or any other condition not attributable to GLOBAL SOFTWARE,the CUSTOMER agrees to pay GLOBAL SOFTWARE for its services at the prevailing hourly rate for GLOBAL SOFTWARE'S personnel time,plus reimbursement for reasonable travel and living expenses incurred by GLOBAL SOFTWARE personnel in connection with such service. It is agreed that GLOBAL SOFTWARE will be the ultimate authority in determining the existence of any error. f. TH1RD'PARTY SOFTWARE: Third-party software applications are excluded from this agreement,unless specifically noted. g. MAP UPDATES: Map updates and configuration are excluded from this agreement. 2. Customer Responsibilities The following specific items are not covered under this AGREEMENT. GLOBAL does offer a separate Technical Services Agreement to assist customers with these types of services. a. Data Backups/Archives-CUSTOMER is fully responsible for managing the backup routines and ensuring that all databases and critical system files are being Global Software Corporation 825 N Broa Ave,Suite w*'Oklahoma City,n* 73102 Phone.(405)810-8008 Fax:(405)810-8018 GLOBAL SOFTWARE backed up properly. GLOBAL highly recommends that CUSTOMER maintain daily backups as well as off-site backups. b. Network Management i. Virus protection ii. Switches and Routers iii. Internet access c. Operating System-Applying appropriate updates to the operating system and security patches. d. Server and Workstation Migration-Restoration and reinstallation of GLOBAL SOFTWARE databases and programs to a new or repaired server or workstation. C. In the event the CUSTOMER requests any support other than that included under the terms of this Agreement, GLOBAL SOFTWARE shall, depending upon the availability of its personnel, attempt to furnish such support or software maintenance in return for fees as GLOBAL SOFTWARE shall then be charging and on such terms and conditions as GLOBAL SOFTWARE shall then be imposing. D. CUSTOMER understands,acknowledges,and agrees that the Software system shall reside on a secure, dedicated server, with access limited to GLOBAL SOFTWARE, its agents, and the CUSTOMER'S system administrators. CUSTOMER further agrees to provide unlimited high- speed remote access via secure VPN to GLOBAL SOFTWARE for maintenance. If high-speed remote access is not provided by CUSTOMER, GLOBAL SOFTWARE may charge CUSTOMER a fee of$3,000 per year. The server shall be dedicated to GLOBAL SOFTWARE applications and other compatible applications as defined by GLOBAL SOFTWARE including anti-virus software and firewall software. All warranty and support agreements shall be null and void in the event CUSTOMER permits applications not approved by GLOBAL SOFTWARE to reside on any server containing GLOBAL SOFTWARE applications. Any service requests initiated by CUSTOMER which are the result of noncompliance with the terms of this AGREEMENT or non- approved software on the server, or failure by CUSTOMER to furnish uninterrupted remote access to GLOBAL SOFTWARE, the CUSTOMER agrees to pay GLOBAL SOFTWARE for its services at the prevailing hourly rate for GLOBAL SOFTWARE'S personnel time, plus reimbursement for reasonable travel and living expenses incurred by GLOBAL SOFTWARE personnel in connection with such service. E. In the case of any event which results in the apparent failure of the Software,the CUSTOMER shall confirm through reasonable methods and resources that such apparent failure is not the result of CUSTOMER'S network or CUSTOMER provided hardware prior to contacting GLOBAL SOFTWARE for support. Should GLOBAL SOFTWARE determine as part of any Support call that hardware or network, and not GLOBAL SOFTWARE, is responsible for the issue, CUSTOMER agrees to pay GLOBAL SOFTWARE for its services at the prevailing hourly rate for GLOBAL SOFTWARE'S personnel time. Global Software Corporation 825 N Broadway Ave,Suite 400,Oklahoma City,OK 73102 Phone:(405)810-8008 Fax:(405)810-8018 %Er SOFGLOL TWARE CUSTOMER Signature: Name: Title: Date: "Please return signed copy to Global Software's main office: Global Software 825 N Broadway Ave,Ste 400 Oklahoma City,OK 73102 Global Software Corporation 825 N Broadway Ave,Suite 400,Oklahoma City,OK 73102 Phone:(405)810-8008 Fax (405)810-8018