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Customer will request a ranking of the call priority when initially
<br />reporling the incident. Should there be any disagreement over the
<br />priority assigned to a particular incident, or any other aspect of its
<br />handling, by TAN support staff, Customers are encouraged to flrst
<br />speak directly to the support representative dealing with the issue in
<br />order to arrive at an acceptable solution. In cases where escalation is
<br />desired or necessary, please contact the Supervisor, Support
<br />Services with any concerns you may have (phone 1 -ti00- 663- 4991).
<br />5. EXCLUDED SUPPLIES AND SERVICES
<br />5.1. Without limitation, the following supplies and services are
<br />excluded from Support and Maintenance:
<br />a) Services which are required to remedy problems that stem from
<br />changes to or defects in system configuration upon which the
<br />Software was initially installed;
<br />b) Services which are required to remedy problems which do not
<br />stem from any defect in Software;
<br />c) Services which are required to remedy problems caused by lack
<br />of training of Customer's personnel improper treatment or use of
<br />the Software;
<br />d) Full report customization service;
<br />e) Any and all hardware support, maintenance or troubleshooting
<br />issues, except as described in section 1.1 1.1.ffil), regardless of
<br />the source of such hardware.
<br />6. FEES AND PAYMENT
<br />6.1. In consideration of the Support and Maintenance provided
<br />hereunder, Customer agrees to pay TAN the fees described on the
<br />Cover Page, as modified explicitly pursuant to this Agreement. In the
<br />event the Customer requires Support and Maintenance for additional
<br />Software, the Customer agrees to pay TAN the additional Support
<br />and Maintenance fees applicable based upon the fees then in effect,
<br />prorated from the date of agreement to acquire such services to the
<br />Support Renewal Date. Payment, other than amounts, which may be
<br />adjusted under time Terns and Conditions, will be in accordance
<br />with the payment terms set out on the Cover Page,
<br />6.2. Unless the Software Table indicates otherwise, the fees charged
<br />hereunder are applicable to Support and Maintenance of Software
<br />used with respect to only a single database of Customer data. If the
<br />Customer, after entering this Agreement, places in service one or
<br />more additional databases to be used in relation to the Software,
<br />then for each such additional database an additional 25% of all
<br />Support and Maintenance fees charged hereunder, exclusive of such
<br />extra database fees, will be payable. The Customer will notify TAN as
<br />soon as reasonably possible of the installation or use of any such
<br />additionaldatabase(s).
<br />6.3. If the Customer has indicated to TAN that the Customer intends
<br />to qualify for an "Accreditation Discount°, then the total cost of
<br />Support and Maintenance hereunder will be discounted by fifteen (15)
<br />per cent, and the Cover Page modified accordingly by TAN, provided
<br />that on or before the Support Start Date, a TAN representative has
<br />vedfed to TAN's reasonable satisfaction that all of the following
<br />criteria are met
<br />a) Approved dial -in access - The Customer provides means
<br />approved by TAN, and appropriate intemat connections, for dial -
<br />in access by TAN personnel at any time except for reasonable
<br />system downtime for system maintenance and in particular
<br />without exception relating to the Customer's security
<br />requirements;
<br />b) TAN System Administrator(s) - The Customer has one or more
<br />employees in the department or agency using the Software
<br />(each a 'TAN System Administrator") trained on all of the
<br />Software, who are available to work with other users of the
<br />Software and able to handle most of the basic questions from
<br />the Customer's users of the Software. The TAN System
<br />Administrators must also be familiar with the version of the
<br />Microsoft Corporation 'Windows:" based operating system in use
<br />by the Customer, be familiar with the setup and installation of the
<br />Software on workstations used to access the Software, and
<br />know the administrative login and password. At
<br />communications between the Customer and TAN are to occur
<br />through a TAN System Administrator, who must be authorized to
<br />make policy decisions for the Customer relating to the Software;
<br />c) Electronic Communication -The TAN System Administrators) is
<br />(are) capable of communicating with TAN via the Internet and
<br />electronic mail for support and file transfer purposes;
<br />d) Database Administrator - The Customer has one or more
<br />employees in the department or agency using the Software with
<br />expertise relating to the database platform used by the Software,
<br />evidenced either by certification or course work reasonably
<br />satisfactory to TAN, or by equivalent experience including the
<br />ability to install, maintain, backup and restore, troubleshoot, and
<br />optimize the database environment, and the Customer assumes
<br />full responsibility for maintaining the Customer's database
<br />environment such that TAN has no obligations to provide any
<br />support whatsoever relating to the Customer's database(s); and
<br />e) Network Administrator - the Customer has one or more
<br />employees in the department or agency using the Software with
<br />expertise relating to the network operating system by which
<br />client workstations are connected to or use the Software,
<br />evidenced either by certification or course work reasonably
<br />satisfactory to TAN, or by equivalent experience including the
<br />ability to install, maintain, troubleshoot, and optimize the
<br />network, and the Customer assumes full responsibility for
<br />maintaining the Customers network environment such that TAN
<br />has no obligations to provide any support whatsoever relating to
<br />the network;
<br />and if at any time during the term of this Agreementd any of these
<br />criteria are not met, the Accreditation Discount will no longer be valid
<br />and the amount discounted from the total fees for Support and
<br />Maintenance as a result of such Accreditation Discount, pro-rated
<br />from the date such criteria were first not met until the next - following
<br />The Active Network N.A. Inc. Support and Maintenance 11 -11 -04 (Levels Description) Page 6 of 8
<br />those pertaining to core
<br />functionality such as processing
<br />registrations, memberships,
<br />rentals) and that have no
<br />reasonable work- around.
<br />B - Urgent
<br />Serious issues significantly
<br />Within 24 hours.
<br />Impacting use of system but do
<br />not prevent core functions (such
<br />as processing registrations,
<br />memberships, rentals) from
<br />being fulfilled.
<br />C - Normal
<br />All other issues, except those
<br />Within 36 hours.
<br />classified as D (Low).
<br />D - Low
<br />Issues that are not time-sensitive
<br />None
<br />or may be undertaken as
<br />customer service initiatives
<br />outside the scope of this
<br />Agreement.
<br />Customer will request a ranking of the call priority when initially
<br />reporling the incident. Should there be any disagreement over the
<br />priority assigned to a particular incident, or any other aspect of its
<br />handling, by TAN support staff, Customers are encouraged to flrst
<br />speak directly to the support representative dealing with the issue in
<br />order to arrive at an acceptable solution. In cases where escalation is
<br />desired or necessary, please contact the Supervisor, Support
<br />Services with any concerns you may have (phone 1 -ti00- 663- 4991).
<br />5. EXCLUDED SUPPLIES AND SERVICES
<br />5.1. Without limitation, the following supplies and services are
<br />excluded from Support and Maintenance:
<br />a) Services which are required to remedy problems that stem from
<br />changes to or defects in system configuration upon which the
<br />Software was initially installed;
<br />b) Services which are required to remedy problems which do not
<br />stem from any defect in Software;
<br />c) Services which are required to remedy problems caused by lack
<br />of training of Customer's personnel improper treatment or use of
<br />the Software;
<br />d) Full report customization service;
<br />e) Any and all hardware support, maintenance or troubleshooting
<br />issues, except as described in section 1.1 1.1.ffil), regardless of
<br />the source of such hardware.
<br />6. FEES AND PAYMENT
<br />6.1. In consideration of the Support and Maintenance provided
<br />hereunder, Customer agrees to pay TAN the fees described on the
<br />Cover Page, as modified explicitly pursuant to this Agreement. In the
<br />event the Customer requires Support and Maintenance for additional
<br />Software, the Customer agrees to pay TAN the additional Support
<br />and Maintenance fees applicable based upon the fees then in effect,
<br />prorated from the date of agreement to acquire such services to the
<br />Support Renewal Date. Payment, other than amounts, which may be
<br />adjusted under time Terns and Conditions, will be in accordance
<br />with the payment terms set out on the Cover Page,
<br />6.2. Unless the Software Table indicates otherwise, the fees charged
<br />hereunder are applicable to Support and Maintenance of Software
<br />used with respect to only a single database of Customer data. If the
<br />Customer, after entering this Agreement, places in service one or
<br />more additional databases to be used in relation to the Software,
<br />then for each such additional database an additional 25% of all
<br />Support and Maintenance fees charged hereunder, exclusive of such
<br />extra database fees, will be payable. The Customer will notify TAN as
<br />soon as reasonably possible of the installation or use of any such
<br />additionaldatabase(s).
<br />6.3. If the Customer has indicated to TAN that the Customer intends
<br />to qualify for an "Accreditation Discount°, then the total cost of
<br />Support and Maintenance hereunder will be discounted by fifteen (15)
<br />per cent, and the Cover Page modified accordingly by TAN, provided
<br />that on or before the Support Start Date, a TAN representative has
<br />vedfed to TAN's reasonable satisfaction that all of the following
<br />criteria are met
<br />a) Approved dial -in access - The Customer provides means
<br />approved by TAN, and appropriate intemat connections, for dial -
<br />in access by TAN personnel at any time except for reasonable
<br />system downtime for system maintenance and in particular
<br />without exception relating to the Customer's security
<br />requirements;
<br />b) TAN System Administrator(s) - The Customer has one or more
<br />employees in the department or agency using the Software
<br />(each a 'TAN System Administrator") trained on all of the
<br />Software, who are available to work with other users of the
<br />Software and able to handle most of the basic questions from
<br />the Customer's users of the Software. The TAN System
<br />Administrators must also be familiar with the version of the
<br />Microsoft Corporation 'Windows:" based operating system in use
<br />by the Customer, be familiar with the setup and installation of the
<br />Software on workstations used to access the Software, and
<br />know the administrative login and password. At
<br />communications between the Customer and TAN are to occur
<br />through a TAN System Administrator, who must be authorized to
<br />make policy decisions for the Customer relating to the Software;
<br />c) Electronic Communication -The TAN System Administrators) is
<br />(are) capable of communicating with TAN via the Internet and
<br />electronic mail for support and file transfer purposes;
<br />d) Database Administrator - The Customer has one or more
<br />employees in the department or agency using the Software with
<br />expertise relating to the database platform used by the Software,
<br />evidenced either by certification or course work reasonably
<br />satisfactory to TAN, or by equivalent experience including the
<br />ability to install, maintain, backup and restore, troubleshoot, and
<br />optimize the database environment, and the Customer assumes
<br />full responsibility for maintaining the Customer's database
<br />environment such that TAN has no obligations to provide any
<br />support whatsoever relating to the Customer's database(s); and
<br />e) Network Administrator - the Customer has one or more
<br />employees in the department or agency using the Software with
<br />expertise relating to the network operating system by which
<br />client workstations are connected to or use the Software,
<br />evidenced either by certification or course work reasonably
<br />satisfactory to TAN, or by equivalent experience including the
<br />ability to install, maintain, troubleshoot, and optimize the
<br />network, and the Customer assumes full responsibility for
<br />maintaining the Customers network environment such that TAN
<br />has no obligations to provide any support whatsoever relating to
<br />the network;
<br />and if at any time during the term of this Agreementd any of these
<br />criteria are not met, the Accreditation Discount will no longer be valid
<br />and the amount discounted from the total fees for Support and
<br />Maintenance as a result of such Accreditation Discount, pro-rated
<br />from the date such criteria were first not met until the next - following
<br />The Active Network N.A. Inc. Support and Maintenance 11 -11 -04 (Levels Description) Page 6 of 8
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