HomeMy Public PortalAboutAgreement_2016-05-26 to 2017-05-25_KTS NetworksSupport Agreement Details
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NETWORKS
KTS NETWORKS INC. hereby agrees to service the ShoreTel System located at:
Customer Name: CITY OF TEMPLE CITY
Contact Name ATTENTION: TRACEY L. HAUSE
KTS Networks, Inc.
11132 Winners Circle, Suite 103
Los Alamitos CA 90720
1800-397-1201
Service@ktsnetworks.com
Customer Address: Bill To Address: Same
9701 LAS TUNAS DRIVE
TEMPLE CITY, CA 91780
Effective Service Contract Date: 5/26/2016 throuch 5/25/2017
Total Cost of (1) One Year Hardware & Software Support Agreement is S 1,968.00
This contract is subject to the following terms and conditions:
1) Duration: One year from effective date above.
2) Performance: KTS NETWORKS INC. agrees to provide 100% of ShoreTel switches (no telephones) & Software necessary to maintain telephone
system in good working order when system is subjected to normal use and service, as long as CUSTOMER shall not be in default of any provision of
this or any other agreement between the parties hereto. The Customers Contract claim for Coverage shall in no event exceed the actual cash value of
the covered software at the time of the malfunction.
KTS NETWORKS INC. agrees to keep all standard parts in stock and to supply property trained technicians to service the Customer's telephone
system. KTS NETWORKS INC. agrees to maintain in effect Property/Liability Insurance on employees, vehicles, etc. Further, any employees are
covered by appropriate workers compensation and disability insurance. KTS NETWORKS INC. is fully insured.
All remote maintenance labor is included in this agreement at no charge during normal business hours.
KTS NETWORKS INC. will respond within 1 hour of notification of an emergency service call (defined as no incominc or outgoing telephone service or
Primary telephone out of service), and within 24 hours for regular maintenance services (non -emergency) during the normal business hours (8:00 a.m.
to 5:00 p.m. PST., Monday through Friday, excluding holidays). Service outside of normal business hours will be provided (at Customer's request)
during the warranty period at KTS NETWORKS INC: current rates for such services, as follows:
AOvertime Rate - Per Call/Hourly Rate: KTS NETWORKS INC. will provide repair service after normal business hours, upon Customer's request.
The hourly labor rate for such service is $ 263.00 per hour plus a $40.00 travel charge. AOn Call Rate - Per Call/Hourly Rate: KTS NETWORKS
INC. will provide repair service for service contract maintenance/warranty Hems at Customers request. Such service shall be subject to a labor
charge of $ 263.00 per hour plus a $40.00 travel charge (minimum four hours on site charge).
3) Exclusions: This contract does not cover service of hardware & software required due to damage caused by lightning, water, Flood, storm or any
other force of nature, power surge, dirty power, accident, negligence, vandalism, abuse, misuse, theft, work performed on or modifications made to
equipment by other than KTS NETWORKS INC. or its authorized agent. Customers failure to maintain the environmental and/or electrical conditions
for the equipment set forth in the manufacturer's specifications. any host system, a peripheral equipment attached to the equipment. Any damage to or
destruction of the equipment or any portion thereof occurring due to the fault, negligence or omission of the (CUSTOMER) shall void this contract and
shall be the responsibility of the (CUSTOMER), to be covered under KTS NETWORKS INC. Standard Rates.
This Service Maintenance Contract does not include any on site labor for service related issues or labor and materials cost for relocation,
rearrangement, addition to, or removal of equipment. KTS NETWORKS INC. agrees to repair or replace equipment, which has become defective
through other than normal wear and usage, relocate or rearrange equipment, add to, or remove equipment at the expressed request of the
CUSTOMER. CUSTOMER agrees to pay supplementary charges, as listed below, in accordance with KTS's current rates for such services.
AHourly Rate - Per Call/Hourly Rate: KTS NETWORKS INC. will provide service during our regular business hours (8:00 a.m. to 5:00 P.M. PST.
Monday through Friday, excluding Holidays). The hourly labor rate is $ 175.00 par hour plus a $40.00 travel charge for the first hour (minimum one
hour on site charge). Every half hour thereafter for labor is charged at ($ 87.50) (or current rate) per half hour.
AOvertims Rate - Per Call/Hourly Rate: KTS NETWORKS INC. will complete Add, Move, and Change orders after normal business hours, upon
CUSTOMER request. The hourly labor rate is $ 263.00 per hour plus a $40.00 travel charge (minimum four -hours on site charge,).
•
When requested, KTS will assist with planning and developing a backup strategy but implementation and ongoing execution of Backup of
ShoreTel PBX and Enterprise Contact Center is solely the responsibility of the customer.
• Peripheral equipment Including, but limited to, headsets, dialers, answering machines, and wireless telephones are not covered under this
agreement, and should be returned directly to the manufacturer's service center. Batteries are not covered by this agreement. KTS NETWORKS
INC. will test and advise H replacement is recommended or required.
• On-site service of IP phones is not covered H the phones reside outside the Standard Servicing Area of KTS NETWORKS INC.
INITIALS: Customers Initials Q� KTS NETWORKS INC. yy�
11132 W nners Circle #103. Los Alamitos, CA 90720 v
(800) 397-1201 (800) 366-4100 FAX Doc Version: 09.30.2014
. . DELL Servers and equipment are NOT covered by KTS NETWORKS. This coverage is through the DELL Warranty plans which are the
responsibility of the customer to transfer and maintain.
4) Time and Place of Maintenance Work: Maintenance work shall be performed at the location of the equipment (or at a KTS NETWORKS INC.
location) and CUSTOMER shall furnish heat, light, and power at these locations. KTS NETWORKS INC. regular business hours are 8:00 a.m. to 5:00
p.m., Monday to Friday excluding holidays. Services performed due to Customer's operational requirements outside the afore said normal working
hours will be billed in accordance with rates indicated above.
5) CUSTOMER Assistance: CUSTOMER agrees to furnish the KTS NETWORKS INC. maintenance personnel or authorized representatives all pertinent
information related to the reported malfunction, and to afford them access to the equipment as required for the performance of this agreement.
6) Unauthorized Maintenance: If other than KTS NETWORKS INC. authorized representatives perform any repair or maintenance service on the
equipment while the equipment is under this contract, which in the opinion of KTS NETWORKS INC. increases the maintenance cost thereof, KTS
NETWORKS INC., shall notify CUSTOMER, and an equitable adjustment shall be made. If no agreement can be reached on the increased cost, KTS
NETWORKS INC., at its option, may terminate this agreement.
7) Limitation of Liability: KTS NETWORKS INC. shall be excused from performance of its obligations under this contract to the extent that it is
prevented, hindered, delayed, or otherwise made impracticable by reason of acts of God, acts of government, acts of omissions of third parties, flood,
storm, riot, vandalism, fire, lightning, strike, non-availability of parts, explosion, war, civil strife, or any other cause beyond the reasonable control of KTS
NETWORKS INC.. During the term of the contract, KTS NETWORKS INC. will maintain any part supplied under this contract on the same terms and
conditions as the equipment. KTS NETWORKS INC. disclaims all other warranties and conditions, expressed, implied, statutory of any nature
whatsoever, concerning the services and materials provided in connection with this Service Maintenance Contract. In no event shall KTS NETWORKS
INC. be liable in contract, tort, strict liability, negligence or otherwise for any punitive, special, indirect, incidental or consequential damages for loss,
damage or expense directly or indirectly arising from use of or inability to use the equipment either separately or in combination with any other
equipment, or from any other cause whether or not KTS NETWORKS INC. has received notice of the possibility or certainty of such damages or losses,
including but not limited to loss of profit and/or loss of use.
8) Payment: The Service Maintenance Contract charges set forth shall be due and payable by the Effective Service Date. Payments shall be sent to KTS
NETWORKS INC. at our office address 11132 Winners Circle, #103, Los Alamitos, CA 90720 with the signed Service Maintenance Contract. To
insure continuous coverage, a signed Service Maintenance Contract and payment must be received on or before the Effective Contract Date. If
payment is received after the Effective Contract start date, an additional 20% reinstatement fee will be applied to renew. If maintenance renewal
periods are not successive, an inspection fee may be charged, equal to one month's maintenance at the prevailing rate. Any malfunction or service
required to return the system to proper operation will be billed at KTS NETWORKS INC.' then, prevailing time, and material rate prior to reestablishing a
service maintenance contract. Credit will not be issued against any charges incurred during lapsed periods of Contract Coverage, or Customer's late
acceptance. KTS NETWORKS INC: receipt of Customers Payment constitutes CUSTOMER'S acceptance of Contract terms and conditions, whether
or not CUSTOMER has signed and returned this Contract with Payment.
9) Toll Freud DisclafinerfWarning: KTS NETWORKS INC. agrees to assist CUSTOMER with manufacturer theft security countermeasures
recommendations that may help minimize the risk of toll fraud. KTS NETWORKS INC. does not insure that toll fraud will not occur. KTS NETWORKS
INC. makes no representations, claims, guarantees, or express or implied warranties that it can configure, program, or maintain this equipment in a
manner to make it immune from fraudulent intrusions into and/or unauthorized use of the system (including its interconnection to a long distance
network). CUSTOMER is hereby warned that fraudulent use of this system, including but not limited to Auto-Ahendant, Voice Mail, RMATS, 800 and
900 service, as well as 10XXX is possible. CUSTOMER hereby assumes all risk of such fraudulent or unauthorized use or intrusion. KTS NETWORKS
INC. makes no representations, claims, guarantees, or express or implied warranties that it can maintain this equipment in a manner to make in
immune from or prevent unlawful and/or unauthorized utilization of the equipment that may result in the invasion of one's right to privacy. KTS
NETWORKS INC. hereby wams CUSTOMER that such unlawful and/or unauthorized use is possible and CUSTOMER assumes the risk of such.
10) Database Loss Disclaimer: KTS NETWORKS INC. disclaims any expressed or implied warranty that the Software and any enabling Firmware are
technically immune from or prevent the loss of data and/or Customer's database. The CUSTOMER hereby assumes all risk associated with the loss of
data.
11) Local service provider. (AT&T) service problems: KTS NETWORKS INC. will not charge CUSTOMER for the diagnosis of a local service provider
(i.e.,AT&T) related call if the problem originates with the local service provider, for the first hour on site. If diagnosis time is in excess of 1 hour, KTS
NETWORKS INC. will charge CUSTOMER %: the current Standard Labor Rate after the first hour, for diagnosing local service provider or T-1 related
problems, even though they may originate with the local service provider. KTS NETWORKS INC. will contact the local service provider a their
authorized agent to schedule the local service provider repair service. Customers not covered by the Service Maintenance Contract will be charged the
Standard Rate for the time on site for all local service providers (AT&T) related tails, including but not limited to T-1 related problems.
12) Modifications: Additions, changes, or modifications of Customer's equipment may be made by mutual agreement of the parties named above, and the
service contract may be amended accordingly. Since the laws of the State of California govern this service, contract, all amendments must be in writing,
and signed by both parties.
13) Authority to sign: The person signing this Agreement on behalf of the CUSTOMER hereby warrants that they have full and complete authority from
said corporation, proprietorship, or partnership to sign this Agreement and to obligate the corporation, proprietorship, or partnership hereunder. Said
party shall be liable for all sums that may be due and owing to KTS NETWORKS INC. hereunder, including attorney's fees and costs.
This document constitutes the entire agreement between the parties. By signing this agreement, CUSTOMER agrees they have read, understood, and
agr to all to nd conditions listed hereof.
Au[ho ' STOMEFSIgn re, Title Date 1169
X *14$
AuthorizedKTS ETW TRINC. Signature Date
INITIALS: Customer's Initials KTS NETWORKS INC.
11132 Winners Circle #103. Los Alamitos, CA 90720
(800) 397-1201 (800) 366-4100 FAX Doc Version: 09.30.2014
CITY OF TEMPLE CITY
ShoreTel Partner Support Benefits
N E T W O R K S
C ShoreTel
Golo
Champion Partner
Description
Advanced Replacement of Hardware Components
ShoreGearApptiances
Included
IP Telephone Sets
Not Included
Applications Server(s) - UC20 & UC25 Only
Included
Adtran Switches
Included
ShoreTel Software Components: .
New Releases/Upgrades - excludes hardware and/or additions
One per year
New Features
Included
Bug Fixes
Included
Service Patches
Included
Applications Servers -OSUpgrades
Not Included
Applications Server(s) - Provide Virus Protection
Included
Applications Server(s) - Customer Provide Virus Protection
Customer Responsibility
Labor Services: _
On -Site - Monday - Friday 8am- to SPM PST
Not Included
On -Site - After Regular Business Hours
Not Included
Remote - Monday - Friday 5 AM to 5PM PST
Included
Remote -After Regular Business Hours
Not Included
Coverage Hours:
Regular Business Hours - Monday - Friday SAM to SPM PST
Included
After Regular Business Hours &Weekends
Not Included
Labor Rates -Monday-Friday 8AM-SPM PST:
Hour1 Rates
$175.00
Minimum Hours
1 Hour
Trip Charge
$40.00
Remote Transaction Fee
$30.00
Labor Rates - After Hours &. Weekends
Hourly Rate
$263.00
Minimum Rate
$263.00
Trip Charge
$40.00
Remote Transaction Fee
$30.00
Responsep Times - Critical Service Requests:
Regular Business Hours - Monday -Friday - 5 AM to 5PM PST
30 Minutes Remote - 2 Hours On -Site
After Regular Business Hours & Weekends
2 Hours Remote - 4 Hours On -Site
Response Times - Non -Critical Service Requests:
Regular Business Hours - Monday -Friday - 5 AM-5PM PST
2 Hours Remote - On -Site Next Business Da
After Regular Business Hours & Weekends
Next Business Day
Response Times - On -Site MAC:
Re alar Business Hours -Monday-Friday-8AM to SPM PST
3-5 Business Days
After Re lar Business Hours & Weekends
3-5 Business Days
Response Times - Remote MAC:
Regular Business Hours - Monday -Friday - 5 AM to SPM PST
Next Business Da
After Regular Business Hours & Weekends
Next Business Da
OtherServices:
Remote Moves and Changes- Excludes Major Configuration Changes
Unlimited - During Regular Business Hours
Access to ShoreTel Technical Support Center thru KTS SAC Team
Included
Outages and Problems caused by Network Carrier
Not Included
Coverage Notes - All Plans
Maintenance Agreement does not include system failures that are a result of:
Acts of God, Water, Fire, Excessive Heat, Excessive Humidity
Electrical Power Surges or Outages, User Abuse or Misuse
Local and Long Distance Carrier and Network Service Outages
INITIALS: Customers Initials KTS NETWORKS INC.
11132 Winners Circle #103. Los Alamitos, CA 90720
800-397-1201 (800) 366-4100 FAX