Fort Walton Beach Council agenda — 11-13-2007 regular agenda — reading text

Services unless you or your InfoPrint Solutions Company Business Partner request otherwise. For each transaction the Schedule will specify the number of years ( 0 or greater) in the Renewal Contract Period. Whenever this number is greater than 0, InfoPrint Solutions Company will renew the applicable Services at the end of the transaction contract period for the number of years specified. Thereafter, InfoPrint Solutions Company will automatically renew the Services for same length periods unless you or your InfoPrint Solutions Company Business Partner notify InfoPrint Solutions Company in advance of your desire to change the length of the c' renewal. You, your InfoPrint Solutions Company Business Partner, or InfoPrint Solutions Company can select not to renew by providing written notification ( at least one month prior to the end of the current transaction contract period) to the others of its decision not to renew. Nonrenewal notification sent to you by InfoPrint Solutions Company or received by InfoPrint Solutions Company from either you or your InfoPrint Solutions Company Business Partner will result in InfoPrint Solutions Company ceasing to provide you the applicable Services at the end of the current transaction contract period. Z125- 7555-00 06/ 2007 contract AS9VFQ ( prepared 09/ 27/ 07 15: 56 WLBLAN) Page 3 of 5  In case of renewals, charges are recalculated at the start of each renewal period. For sales through InfoPrint Solutions Company, the new charges will be based on the length of the Renewal Contract Period and then current charges associated with your contracted a) Services, b) price protection option, and c) payment option. . One of the following termination provisions will apply based on the length of the transaction contract period specified in the Schedule. c PROVISION # 1 - ONE YEAR TRANSACTION CONTRACT PERIOD You may terminate Services for an Eligible Product, on notice to InfoPrint Solutions Company, if you permanently remove it from productive use within your Enterprise. Otherwise, Services must be under contract for at least one year. If you select automatic renewals, you may also terminate Services after the first full year of Service by providing InfoPrint Solutions Company one month' s written notice prior to the end of your first year of Service. You will receive a credit for any remaining prepaid period associated with Services you terminate in accordance with this provision.* You may also terminate Services by providing InfoPrint Solutions Company one month' s written notice, after the Services have been under contract for at least one year. You will receive a credit for any remaining prepaid period associated with Services you terminate in accordance with this provision.* PROVISION # 2 - MULTI- YEAR TRANSACTION CONTRACT PERIOD You have committed to continue Services for the entire transaction contract period. However, you may terminate Services for an Eligible Product, on notice to InfoPrint Solutions Company, if you permanently remove it from productive use within your Enterprise. Otherwise, if you choose to terminate Services and these are not being replaced by equivalent Services, you may do so by providing InfoPrint Solutions Company one month' s written notice, and paying an adjustment fee equal to w months' charges,* however the Services must have been under contract for at least one year upon termination. NUMBER OF MONTHS EQUAL TO NUMBER OF YEARS IN THE TRANSACTION CONTRACT PERIOD. FOR EXAMPLE, " 3" MONTHS IF THE TRANSACTION CONTRACT PERIOD IS 3 YEARS. After allowing for applicable adjustments, you will receive a credit for any remaining prepaid period associated with Services you terminate in accordance with this provision.* 8. Services Warranty Service Upgrade For certain Eligible Machines, you may select a Service upgrade from the standard type of warranty Service for the Machine. InfoPrint Solutions Company provides Service for Machines as described in our Agreement but charges for the upgrade in type of Service during the warranty period. You may not terminate the Service upgrade or transfer it to another Machine during the warranty period. When the warranty period ends, the Machine will become part of your standard inventory count and will convert to maintenance Service at the same type of Service you selected for warranty Service upgrade. r Maintenance of InfoPrint Solutions Company Machines InfoPrint Solutions Company will provide Service for Machines, as described in our Agreement, for those Eligible InfoPrint Solutions Company Machines specified in the Schedule. Maintenance of Non- lnfoPrint Solutions Company Machines InfoPrint Solutions Company will provide Service for Machines, as described in our Agreement, for those Eligible non- lnfoPrint Solutions Company Machines specified in the Schedule. Unless specified otherwise in the Schedule, Service is provided only for the manufacturer's base configuration for each covered Machine model. You are responsible for following the manufacturer's and InfoPrint Solutions Company' s provided guidelines pertaining to operator responsibilities, maintenance procedures, and supplies prior to placing a Service request. Repair of non- lnfoPrint Solutions Company Machines is subject to the availability of repair parts and any technical support required of the original manufacturer. Repair parts will be functionally equivalent to those replaced. They may be new or used and may have been manufactured by other than the original manufacturer. You may request that InfoPrint Solutions Company use repair parts manufactured by the original manufacturer when these are available, but there may be an additional charge for these parts.* InfoPrint Solutions Company' s support does not cover: 1. Machine installation, engineering change activity, or preventive maintenance; 2. correction of date related errors. InfoPrint Solutions Company will make the final determination of whether a date related error is the source of the problem; 3. service of microcode or firmware; 4. service of features, parts, or devices not supplied by either a) the Machine' s original manufacturer or b) InfoPrint Solutions Company during the performance of this Service; 5. service for accessories, supply items, and certain parts, such as batteries, frames, and covers; 6. service of a Machine damaged by misuse, accident, modification, unsuitable physical or operating environment, or improper maintenance by you; 7. service of a Machine with removed or altered Machine or parts identification labels; 8. failures caused by a product for which InfoPrint Solutions Company is not responsible; or 9. service of Machine alterations. Upon written notice, InfoPrint Solutions Company may terminate coverage for an Eligible non- lnfoPrint Solutions Company Machine due to lack of available repair parts or lack of original manufacturer technical support. Eligible non- lnfoPrint Solutions Company Machines must meet InfoPrint Solutions Company's safety and serviceability requirements. InfoPrint Solutions Company reserves the right to inspect a Machine within one month from the start of Service. If the Machine is not in an acceptable condition for Service, InfoPrint Solutions Company will notify you and terminate coverage. You agree to provide InfoPrint Solutions Company one month' s written notice prior to terminating coverage for a Machine being permanently c~ removed from productive use within your Enterprise. InfoPrint Solutions Company Software Maintenance for OS/ 400, i5/0S and Selected Products Z125-7555- 00 06/ 2007 contract AS9VFQ ( prepared 09/ 27/ 0715: 56 WLBLAN) Page 4 of 5  InfoPrint Solutions Company will provide software maintenance support, as described below, for those Eligible Programs for which you are licensed and for which you order this Service. General: 1. InfoPrint Solutions Company makes available to you the most current commercially available version, release or update to all of the Programs c 2. for which you acquire support under this Service, should any be made available. InfoPrint Solutions Company provides you with assistance for your a) routine, short duration installation and usage ( how-to) questions and b) code defect related questions. 3. InfoPrint Solutions Company provides assistance via telephone and, if available, electronic access, only to your information systems ( IS) technical support personnel during normal business hours ( normal business hours are 8 a. m. to 5 p. m. in the local time zone where you receive this Service, Monday through Friday, excluding national holidays). This assistance is not available to your end users. InfoPrint Solutions Company provides Severity 1 assistance 24 hours a day, every day of the year. Consult the InfoPrint Solutions Company Software Support Guide, which may be found at htto:// techsuooort. services. lnfoPrint Solutions Comoanv. com/ auides/ handbook.html for details. A 24x7 ( every time day of the year) all severity option is available at extra charge.. During normal business hours, InfoPrint Solutions Company's response hours, objective is two hours for voice and electronic problem submissions. For voice problem submissions during other than normal business InfoPrint Solutions Company' s response time objective for critical problems ( Severity 1) is two hours and if you select the 24x7 all severity InfoPrint Solutions option, four hours for non- critical problems. For electronic problem submissions during other than normal business hours, InfoPrint Solutions Company' s response time objective is