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