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<br />. <br /> <br />. <br /> <br />4.0 Additional Costs. Services that are within the scope of this Agreement (pursuant to Section 1.0 <br />above) and are performed during lntegraTRAK's normal service hours will be provided at no additional <br />cost to Customer beyond the annual fees addressed in Section 8.0 below. Services performed during <br />any IntegraTRAK holiday, or during hours outside of IntegraTRAK's normal service hours, will be <br />billed to Customer at fntegraTRAK's then current standard billing rate. IntegraTRAK's normal service <br />hours are: (a) for telephone support, Monday through Friday, 5:00 a.m. to 5:30 p.m. Pacific time, <br />IntegraTRAK holidays excluded; and (b) for on-site service, Monday through Friday, 8:00 a.m. to 5:30 <br />p.m. local time, IntegraTRAK holidays excluded. IntegraTRAK holidays are those recognized by <br />IntegraTRAK for its employees. At Customer's request, IntegraTRAK will provide additional training <br />to employees of Customer at IntegraTRAK's then current standard billing rate. fntegraTRAK may <br />impose a minimum trip charge in connection with such training. <br /> <br />5.0 Pavment Terms. At least thirty (30) days prior to each anniversary of Customer's Sotlware <br />installation date, IntegraTRAK will invoice Customer for annual maintenance fees for the upcoming <br />year. Payment of each invoice will be due in full no later than the applicable anniversary date. From <br />time to time. IntegraTRAK will invoice Customer pllrsuant to Section 4.0 for other services provided. <br />and payment therefor shall be due no later than thirty (30) days after Customer's receipt of invoice. <br />Interest will accrue On any late payments at the rate of 1.5% per month, or the maximum legal rate, <br />whichever is lower. In the event that Customer fails to comply with the payment terms of this Section <br />5.0, IntegraTRAK shall have the right to suspend services hereunder without prior notice, and the right <br />to terminate this Agreement with thirty (30) days' ;;c;;,,;c,,;;:; cppcdunity to ClIre. <br /> <br />6.0 Resoonse Time. In the event that the Software or Hardware is rendered inoperable as a result <br />of a defect with respect to which IntegraTRAK is to provide service under Section 1.0 of this <br />Agreement, IntegraTRAK will respond by telephone to Customer's request for service within three (3) <br />hours after receiving sllch request. In the case of a request for service or maintenance outside the Scope <br />of Section 1.0. IntegraTRAK will respond to such request by telephone within twenty-four (24) hours. <br />The foregoing service response times shall be tolled during IntegraTRAK holidays and during hours <br />outside of the normal service hours set forth in Section 4.0. <br /> <br />7.0 Acceotance of Uodates. As a condition to the continuation of maintenance services hereunder, <br />Customer agrees to accept all Software Enhancements, Program Error corrections, Updates, and other <br />revisions within a reasonable period of time, not to exceed ninety (90) days following the date that each <br />such revision is made available by IntegraTRAK. <br /> <br />8.0 Maintenance Renewal. IntegraTRAK will invoice Customer for the continuation of Sofiware <br />and Hardware maintenance services hereunder on the first anniversary elate of this Agreement, and <br />thereafter on each subsequent anniversary date until this Agreement is terminated. In each case, <br />Customer may elect to continue this Agreement in effect by paying the annual maintenance fee <br />indicated by the invoice, or Inay refuse renewal of maintenance services by canceling and returning the <br />unpaid invoice to IntegraTRAK. <br /> <br />9.0 Reactivation. In the event that Customer elects not to renew this Maintenance Agreement at <br />the beginning of any renewable term, and as a result this Agreement expires, Customer may reactivate <br />this Agreement after sllch lapse subject to the fOllOWing terms and conditions: <br /> <br />9.1 IntegraTRAK may require pre-maintenance inspection of Customer's system and may <br />charge Customer for travel expenses and a minimum of two (2) hours' technician time <br />in connection with such inspection. <br /> <br />Software Maintenance Agreement <br />\\-'inTRAK" Version <br /> <br />- Page 2 of 4 _ <br /> <br />Document Version No. 11.97 <br /> <br />