MTS INTEGRATRAK 1 -2001 - Laserfiche WebLink

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4.0 Additional Costs. Services that are within the scope of this Agreement (pursuant to Section 1.0 above) and are performed during MTS IntegraTRAK's normal service hours will be provided at no additional cost to Customer beyond the annual fees addressed in Section 8.0 below. Services performed during any MTS IntegraTRAK holiday, or during hours outside of MTS lntegraTRAK's normal service hours, will be billed to Customer at MTS IntegraTRAK's then current standard billing rate. MTS IntegraTRAK's normal service hours are: (a) for telephone support, Monday through Friday, 5:00 a.m. to 5:30 p.m. Pacific time, MTS IntegraTRAK holidays excluded; and (b) for on-site service, Monday through Friday, 8:00 a.m. to 5:30 p.m. local time, MTS IntegraTRAK holidays excluded. MTS IntegraTRAK holidays are those recognized by MTS IntegraTRAK for its employees. At Customer's request, MTS IntegraTRAK will provide additional training to employees of Customer at MTS IntegraTRAK's then current standard billing rate. MTS IntegraTRAK may impose a minimum trip charge in connection with such training. 5.0 Payment Terms. At least thirty (30) days prior to each anniversary of Customer's Software installation date, MTS IntegraTRAK will invoice Customer for annual maintenance fees for the upcoming year. Payment of each invoice will be due in full no later than the applicable anniversary date. From time to time, MTS IntegraTRAK will invoice Customer pursuant to Section 4.0 for other services provided, and payment therefore shall be due no later than thirty (30) days after Customer's receipt of invoice. Interest will accrue on any late payments at the rate of 1.5% per month, or the maximum legal rate, whichever is lower. In the event that Customer falls to comply with the payment terms of this Section 5.0, MTS lntegraTRAK shall have the right to suspend services hereunder without prior notice, and the right to terminate this Agreement with thirty (30) days' notice with opportunity to cure. 6.0 Response Time. In the event that the Software or Hardware is rendered inoperable as a result of a defect with respect to which MTS IntegraTRAK is to provide service under Section 1.0 of this Agreement, MTS IntegraTRAK will respond by telephone to Customer's request for service within three (3) hours after receiving such request. In the case of a request for service or maintenance outside the scope of Section 1.0, MTS IntegraTRAK will respond to such request by telephone within twenty- four (24) hours. The foregoing service response times shall be tolled during MTS IntegraTRAK holidays and during hours outside of the normal service hours set forth in Section 4.0. 7.0 Acceptance of Updates. As a condition to the continuation of maintenance services hereunder, Customer agrees to accept all Software Enhancements, Program Error corrections, Updates, and other revisions within a reasonable period of time, not to exceed ninety (90) days following the date that each such revision is made available by MTS IntegraTRAK. 8.0 Maintenance Renewal. MTS IntegraTRAK will invoice Customer for the continuation of Software and Hardware maintenance services hereunder on the first anniversary date of this Agreement, and thereafter on each subsequent anniversary date until this Agreement is terminated. In each case, Customer may elect to continue this Agreement in effect by paying the annual maintenance fee indicated by the invoice, or may refuse renewal of maintenance services by canceling and retaming the unpaid invoice to MTS IntegraTRAK. 9.0 Reactivation. In the event that Customer elects not to renew this Maintenance Agreement at the beginning of any renewable term, and as a result this Agreement expires, Customer may reactivate this Agreement after such lapse subject to the following terms and conditions: 9.1 MTS IntegraTRAK may require pre-maintenance inspection of Customer's system and may charge Customer for travel expenses and a minimum of two (2) hours' technician time in connection with such inspection. -- Page 2 of 5 --