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Home My WebLink AboutIMSofTECH (2)/UtilitiesIMSofTech IMSOFTECH, Inc. MAINTENANCE AND PRODUCT SUPPORT PROGRAhl TER1VIS AND CONDITIONS APPROVED, AS 1. ADDRESSES AND COMMUNICATIONS CORPQRATE OFFICE: IMSoPI cch, Inc. Attn: Pr~lductSupport 112 I asl [ me Street, Suite 200 Tylcl, TX 75702-5760 Tel: Q03-535-8222 Fax: 903-535-9015 2. DEFINITIONS A. "Maintained Software" means the registered copy of the IMSoffech. sofiware product licensed to you on the Maintenance Registration Form If the licensee of the Maintained Software is a corporation or othc~ entity, the "you" as used in this Agreement refers (software) o: a nlaterml difference between the operation of the Maintamed Soilware and the description of the operation of the provided for the Maintained Software by IMSoffech. corrective code or document, which rectifies a Discrepancy as described above IMSoffech may, at its discretion, modify the end- or (ii) describe changes. modifications or improvements made to the Maintained SoI't,~alc "Correction" includes. but is not limited to. IMSofTech Packaged Products Maintenance and Pnority Support 3. APPLICABILITY OF IMSOFTECH END USER LICENSE AGREEMENT. This Agreement and all soilware, documentation and media provided under it is subject to all the terms and conditions of the IMSoffech End U~cr License Agreement which exists between you and [MSoffech. including the warranty and disclaimers. 4. ACCESS TO IMSOFTECH PRODUCT SUPPORT STAFF A. IMSofl'cch Product Support Staff are available +o give you assistance and advice on IMSoffech products or to receive Discrepancy reports. during normal the hours defined in your End User Site License Agreement. Attachment "A", at our office listed above. You may also use regular or overnight delivery services. fax or e/mail to commumcate with our Product Support Staff B. Our Product Support Staff will, with your assistance if necessary, investigate a suspected Discrepancy by attempting to reproduce it afier receiving your report of a Discrepancy If the Discrepancy is conf.'med, then, for Maintained Software, IMSoffech will make reasonable efforts to provide you with a Con'ection. but cannot guarantee to do so. 5. SOFTWARE NOT COVERED BY THIS AGREEMENT A. Any soilware not listed on this Agreement under Products Covered, which is located on the signature page of this agreement. B. Third Party altered or modified Maintained Software. C. Any consolidation of Maintained Software and other software not covered by this Agreement D. A lelease of Maintained Software tbr which Maintenance Services have been discolqtinued. E. Disc~epanclc~ caused by your negligence. F, Dlscrcpanctcs ~esulting from hardware realfunction. G. Manntamed Software used on a computer or operating system other than that specified and supported by IMSofFech FORM BY: 6. YOUR RESPONSIBILITIES A. You agree to report all suspected Discrepancies through your Support Contact to the IMSoffech Product Support Staff. B. You agree to use reasonable efforts to assist IMSoffech's efforts to find Corrections to confirmed Discrepancies reported by 7. ADDITIONAL SERVICES AND CHARGES A. IMSolTech may offer additional services such as traming and consulting under separate agreements. Such services can be performed at a site and time mutually agreeable These services are normally charged on a time and matefials basis plus expenses and are subject to availability. You will be charged our standard rates in effect at the time such services are incurred. B. IMSoffech reserves the right to charge for services outside of the range of normal support services. Such services considered outside of the range of supported services are as follows: (I) debugging problems in non-IMSoffech supported products, or in combinations of IMSoffech supported and non-supported products where the problem occurs in the non-lMSoffech product, (2) other cases where it is judged highly likely that the suspected problem is not the responsibility of IMSoffech and (3) retraining existing or training new operators. IMSoffech offers regular classroom training in Tyler, Texas, for both the General Ledger and Utility Billing/Technical Services portions of the i-FIHANCE Suite. After initial training and implementation, clients are welcome to attend these classes upon advance reservation at a daily rate in effect at the time of attendance. C. When a situation occurs where a reported problem is likely to fall outside of the range of supported services, you will be advised of the potential of incurring charges to have IMSoffech work on the problem. An estimate of the cost of the additional service will be communicated to you for your approval and agreement. No work on such problem will occur until you have accepted, in writing, the provided cost estimate. Should we find that the problem is, indeed, caused by a supported product, no charges will be incurred However, if it is proven that the problem is not the responsibility of IMSoffech you will be charged, invoiced upon completion with payment due upon receipt of invoice.. Should you not agree that the requested service falls out of the bounds of supported services, your IMSoffech sales person will be your representative at IMSoffech to mediate the D. IM~offeeh upon prior notice, reserves the right to charge for unusual or excessive telephone expenses or shipping charges in connection with the Maintenance Services provided under this agreement. 8. PAYMENT The annual Maintenance Fee must be paid in advance of thin Agreement's anniversary date, and will be invoiced in advance of said anniversary date. The annual Maintenance Fee ts as specified on Attachment "A" to the End User License Agreement. IMSoffech reserves the right to increase the amount of the support agreement with written notice by up to 15% per year. beginning 24 months from the anniversary date of the End User License Agreement. After the RevSTSA0500 initial 24 month period. [MSoffech reserves the right to increase the amount of the support agreement with va-itten notice by up to 15% per year, beginning 12 months from the anniversary of the support agreement. 9. TERM AND TERMINATION A. This Agreement will be effective and services provided hereunder will commence as of the completion and verification by IMSoffech of ~11 acceptance of payment of the appropriate Malntenanc~ Pees; (2) registlatlon of this Agleenlent alter receipt of the Maintenance Registration Form as completed by you; and (3) proof of proper license thr the Software designated on the Maintenance Registration Form is ascertained The Maintenance Period commences as of the date of acceptance of the above, as appropriate. IMSoffech may change the Maintenance Fee with 30 days written notice~ consistent with Attachment "A" to the End User License Agreement and paragraph 8 hereof. which fee shall become effective with renewal. B. This Agreement will remain in et'~ct perpetually unless tex~ninated by written notice thirty 130) days prior to expiration by either party C. II you cancel your maintenance you must purchase an upgrade to tile cuncnt version of the product in order to register for a new maintenance period. If you have previously received the current upgrade version, the start of the new maintenance period will begin on the date that you renew your Agreement. You must then fill out a Maintenance Program Registration Form and return it to: IMSoffech, Inc. 112 East Line Street, Suite 200 IMSofTech Tyler, TX 75702-5760 D. If you do not have a Maintenance Program Registration Form then call IMSoffech and one will be sent to you On thirty (30) days advance va'itten notice, IMSoffech reserves the fight to withdraw maintenance services on any or all Maintained Software or other products, and to alter the prices, terms and conditions of the Maintenance Program, in advance of any maintenance renewal, consistent with Attachment "A" to the End User License agreement and paragraph 8 hereof Any such withdrawal or alterations will amend the Maintenance Program between you and IMSoffech as of your renewal date. E. If you allow your Maintenance Agreement to lapse more than sixty (60) days from it's renewal date. a new Maintenance Agreement must be entered into if continued support is desired. The new Maintenance Agreement will be the standard Maintenance Agreement ofl~red by IMSoffech at the time that this Maintenance Agreement has lapsed, all associated fees of the new Maintenance Agreement will apply. 10. MISCELLANEOUS A. You may not assign this Agreement to a third party without the prior written consent of IMSoffech. This Agreement and the IMSoffech Product License Agreement shah be the only agreements between IMSoffech and you with respect to the Maintained Software. They cannot be modified except in writing and with the approval of both parties. These Agreements supersede all prior agreements, oral or written, relating to the Maintained Software B. In addition, your current, paid Product Support Agreement entitles you to all release maintenance updates City of Carmel 371-571-2456 COMPANY TELEPHONE 1 Civic Square ADDRESS Catreel, IN 46032 CITY, STATE, ZIP FAX NU1VIBER PRODUCI'S COVERED: i-rlHANCE Utility Solutions PLEASE SIGN HERE TO INDICATE YOU HAVE READ AND ARE IN AGREEMENT WITH THE TERMS AND CONDITIONS OF THE IMSOFTECH A~AL MAINTENANCE AND PRIORITY SUPPORT PROGRAM REV 09/99 , PLEASE RETURN TO: IMSoffech, Inc. 112 East Line Street, Suite 200 TYLER, TX 75702-5760 RENEWAL DATE: 2 Rev STSA0500 ApprovedandAdoptedthis/~//'dayof/~((fd/X~(r)tf{' ,2001. CITY OF CARMEL, INDIANA by and through its Board of Public Works and Safety BY: JZBrainard, Ma or ate:/~ - ~: ~/ ATTEST: Diana Cordray, Clerk-Truer Date: /,~/fS~//~ f