C) Internet related equipment by its nature, is not fault tolerant, but PlanetBids
<br />(1)will use reasonable efforts to make the Services available 24 hours per day, 7 days per
<br />week, excluding downtime for scheduled and unscheduled maintenance, and (2) will promptly
<br />investigate any technical problems that Customer reports. PlanetBids cannot, however,
<br />guarantee continuous service, service at any particular time or the integrity of data
<br />transmitted via the Internet. Further, PlanetBids shall not be responsible for the
<br />inadvertent disclosure, corruption or erasure of data transmitted, received or sorted on
<br />the BidsOnlineM system.
<br />d) PlanetBids may make improvements and/or amendments to the BidsOnlineTM
<br />system at any time, and may provide other optional services, including enhanced versions of
<br />standard features or functions, for an additional fee as agreed in advance by the Customer. Any
<br />and all relevant portions of these terms and conditions will automatically apply to all
<br />improvements, amendments and/or optional services as they appear.
<br />PlanetBids does not guarantee that use of the Services will produce any quotes,
<br />business opportunities or other information helpful to the business of Customer, nor
<br />does it guarantee that any contact provided will be adequate or best suited for any
<br />transaction.
<br />2. Fees and Payments.
<br />a) Support Fees. Customer agrees to pay PlanetBids a total of $20,000.00 for Year
<br />1, $15,893.75 for Year 2, and $16,299.32 for Year 3. Payment for Year 1 shall be due and
<br />payable 30 days from the time of execution of this Agreement. Payments for Year 2 and for
<br />Year 3 are payable within 30 days from the invoice date upon renewal each year as outlined
<br />below in Table (A):
<br />1) Set-Up Fee. Customer shall pay a one-time set-up fee of $4,500.00
<br />(discounted from $6,500.00) for the installation, customization and testing of the
<br />BidsOnlineT"" system link to Customer's website, plus administrator set-up and a one-
<br />time user training up to Four (4) users.
<br />2) Service Fee Payment. Customer agrees to pay an annual service fee of
<br />$9,250.00 for the initial year of the Agreement for the use of the BidsOnlineT"" system, at
<br />a three (3) percent increase upon renewal each year thereafter as outlined in Table (A).
<br />3) Additional Add-on/Module. Customer agrees to pay a service fee of
<br />$3,875.00 for Year 1 and as outlined consecutively in Table (A) for Year 2 and Year 3 for
<br />the Emergency Operations module to Customer users assigned by Customer, and,
<br />$2,375.00 for five (5) Read-Only user licenses for the period of this Agreement.
<br />Table (A)
<br />MODULE SETUP YEAR 1
<br />20132014 YEAR 2
<br />2014-2015 YEAR 3
<br />2015-2016
<br />BidsOnline' Vendor & Bid Management $4,500.00 $ 9,250.00 $ 9,527.50 $ 9,813.33
<br />Emergency Operations n/a $ 3,875.00 $ 3,991.25 $ 4,110.99
<br />Read-Only - 5 user licenses n/a $ 2,375.00 $ 2,375.00 $ 2,375.00
<br />TOTAL $ 20,000.00 $ 15,893.75 $ 16,299.32
<br />4) Reverse Auction. If the customer chooses to activate the Reverse
<br />Auction feature and conduct Reverse Auctions through the Services, Customer does not
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