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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:

  1. In performing Configuration Services ACT shall:
    1. Implement with manufacturer(s) and developer(s) recommended practices
    2. Consult with manufacturer(s) and program developer(s) regarding hardware and software applicability
    3. Review and recommend registration with manufacturer(s) and developer(s) to maintain appropriate support for acquired and purchased business technologies.
  2. In performing Consultation Services ACT shall:
    1. Review with management the scope of business tasks on a regular basis
    2. Research manufacturer(s) and program developer(s) of products and services for use by CLIENT.
    3. 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.
    4. 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.
    5. 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.
    6. Make available to CLIENT a Quick Response Support (referred to as QRS) mailbox to be used with discretion during the term of this agreement.
  3. In performing Installation Services ACT shall:
    1. Review, coordinate and adapt manufacturer(s) and program developer(s) recommendations for all licensed and registered installed business technologies.
    2. 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.
  4. In performing Network Administration ACT shall:
    1. 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)
    2. 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)
    3. Determine the network’s statistics looking at utilization, excessive broadcast traffic, and excessive errors (Evaluating data link layer)
    4. Routinely run appropriate tests to confirm connection paths, average response times and reliable connectivity to network resources (Evaluating network layer)
  5. In performing Upgrade Management ACT shall:
    1. 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)
  6. Reimbursable Expenses
    1. 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.
  7. Late Payment
    1. 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.
  8. Termination
    1. 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.
  9. Warranty and Limitation of Liability
    1. 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.
    2. 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