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FURTHER
DESCRIPTION OF BASIC SUPPORT SERVICES AND RELATED MATTERS
This is "Exhibit "A",
attached to the Letter Agreement dated ________________, 2001, between
your Company Name (hereinafter referred to as CLIENT) and
Art’s ACT (hereinafter referred to as ACT), for support
in connection with your Company Name use of business technologies.
The support services as described in paragraph 2 of the Letter Agreement
are supplemented as indicated below to include, but not be limited to:
- In performing Configuration Services
ACT shall:
- Implement with manufacturer(s) and developer(s)
recommended practices
- Consult with manufacturer(s) and program
developer(s) regarding hardware and software applicability
- Review and recommend registration with
manufacturer(s) and developer(s) to maintain appropriate support for
acquired and purchased business technologies.
- In performing Consultation Services
ACT shall:
- Review with management the scope of
business tasks on a regular basis
- Research manufacturer(s) and program
developer(s) of products and services for use by CLIENT.
- Communicate with CLIENT’s management
team no less than once each month to review the current and anticipated
needs of CLIENT in regard to use of business technologies.
- Make available to CLIENT, telephone
support on an "as available" basis to CLIENT’s requests
for operational and technical inquiries concerning the use, operation,
and maintenance of all business technologies covered by this agreement.
- Allow CLIENT an unlimited number
of telephone inquiries during the term of this agreement. At no time
will telephone inquiries be used as a training mechanism. In the event
that ACT believes CLIENT’s personnel will benefit from
formal training, a recommendation will be made to the management team,
yet ACT reserves the right to limit the duration of any telephone
inquiry and to determine when an inquiry has been satisfactorily answered.
- Make available to CLIENT a Quick
Response Support (referred to as QRS) mailbox
to be used with discretion during the term of this agreement.
- In performing Installation Services
ACT shall:
- Review, coordinate and adapt manufacturer(s)
and program developer(s) recommendations for all licensed and registered
installed business technologies.
- Coordinate and mange, when authorized
by CLIENT , the work of any individual(s) or firm(s) for services
that ACT determines not to provide directly to comply with
this agreement. This work shall be payable as Reimbursable expenses.
- In performing Network Administration
ACT shall:
- Create and maintain a complete list
of what hardware and software is in use, what manufacturer’s Network
Interface Cards (NIC) are being used and where each is installed (Documenting)
- Check wiring and layout for compliance
with IEEE 802 or TIA/EIA 568-A and look for errors that might suggest
media problems (Evaluating physical link layer)
- Determine the network’s statistics looking
at utilization, excessive broadcast traffic, and excessive errors
(Evaluating data link layer)
- Routinely run appropriate tests to confirm
connection paths, average response times and reliable connectivity
to network resources (Evaluating network layer)
- In performing Upgrade Management
ACT shall:
- Coordinate the acquisition and installation,
after review with CLIENT’s management team product upgrades
for all registered and licensed products owned by CLIENT.
(Examples include BIOS, OS and Application Service Paks, Supplemental
drivers and patches and Virus definitions)
- Reimbursable Expenses
- Reimbursable expenses mean the actual
expenses incurred directly or indirectly in connection with this agreement
for: Transportation (mileage beyond 25 miles from Pennsauken); obtaining
support from manufacturer(s) and program developer(s) ; toll telephone
expenses; and if authorized in advance by CLIENT overtime work
requiring higher than regular rates. Reimbursable expenses shall also
include the actual expenses billed to ACT by special consultants
employed by ACT. These expenses will be billed separately.
- Late Payment
- If CLIENT fails to make any payment
due ACT for any amounts due under this agreement within the
terms of the billing. Amounts not paid in accordance of the billing’s
terms may include a charge at the rate of 1.5% per month and program
benefits may be disrupted until all amounts due are received. In the
event that program benefits are disrupted, an initial program payment
may be required to restart program benefits.
- Termination
- The obligation to provide program benefits
under this agreement may be terminated by wither party upon thirty
(30) days written notice in the event of substantial failure of the
other party to perform in accordance with the terms of this agreement.
In the event of any termination ACT will be paid for all amounts
due up to the date of termination.
- Warranty and Limitation of Liability
- ACT disclaims all warranties
with respect to support of the business technologies (including without
limitation warranties as to merchantability and fitness for a particular
purpose), either express or implied. In no event will ACT be
liable for loss of use, data, profits, or other special or incidental
or consequential damages, arising out of or in connection with the
support , use or performance of any purchased or licensed business
technologies, even if ACT has been notified of the possibility
of such damages.
- In the event that the exclusivity or
limitation of liability as set forth above is held to be unenforceable,
then ACT’s liability in respect to any claim, regardless of
the form of action, shall not exceed thirty-three percent (33%) of
the initial program fee.
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800
933 8550
856 486 7973
856 486 9084 fax
Pennsauken
NJ
revised
4/01
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