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25G - AGMT - CLAIMS SOFTWARE
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25G - AGMT - CLAIMS SOFTWARE
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Last modified
10/14/2014 2:47:38 PM
Creation date
10/14/2014 2:36:55 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Personnel Services
Item #
25G
Date
10/21/2014
Destruction Year
2019
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the minimum hardware; software, operating system, mobile devise, and other system and configuration <br />requirements set forth In the Documentation or provided by Ventiv; and (c) any software not both supplied <br />by Ventiv and identified on an Order Form. <br />7.2 Customer Support Services does not Include researching Customer requests, researching and fixing <br />anomalies caused by other vendors, making changes resulting from internal Customer business practices, <br />enhancing system configuration and other similar tasks that are requested or required, but are outside of <br />VendVs control. Causes or errors that are not a truretabie to Ventiv (and therefore would also be <br />considered Additional Services) iimelnde, but are not limited to, the following: (I) accident: unusual <br />physical, electrical or electromnguetic stress; new ect; misuse; failure or fluctuation of electric power, air <br />conditioning or humidity control; excessive heating; fire and stroke damage; or Causes other than ordinary <br />use; (if) use of the Software on equipment or rotation media other than the equipment for which such <br />software was designed and licensed for use on; (iii) interconnection, interfacing or operation of the <br />Software with other software products not supplied by Ventiv; cv) operation of the Software with other <br />media, hardware, software or telecommunication interfaces not meeting or not maintained in accordance <br />with the manufacturer's or onvironmetgal or Ventiv's specifications; (v) improper installation by the <br />Customer or use of the Software that deviates froth any operating procedures established by Ventiv 'In the <br />applicable Documentation or in environmental or taanufactimerspecifications, for example, virtual machine <br />configuration; (vi) modification, customization, alteration or addition or attempted modification, <br />customization, alteration or addition of the Software undertaken by the oustomer or its agents, assigns, <br />contractors, employees or other's under the oustomer's control (vii) software programs made by Customer <br />or other parties unless specifically covered in a Statement of Work between the Customer and Ventiv; (viii) <br />Customer's failure to httplementcurrrent versions of the Software that are issued under this Agreement; (ix) <br />introduetion of data into any database used by the Software by any means other than the use of the <br />Software; (x) failure by Customer to respond to any action plates provided by Ventiv pursuant to a support <br />call by Customer; (A) improper or incomplete 12EE app €ication server administration, or (Al) improper or <br />incomplete database administration. <br />7.3 If Ventiv has created a third party interface ( "Third Party Interface ") to one of Customer's third parry <br />products provided by another vendor ("Third Party Product") and such vendor modifies the Third Party <br />Product causing the Third Party Interface to stop functioning properly, then the services required to modify <br />the Third Party Interface as a result of the changes to the Third Party Product are considered outside the <br />scope of Customer Support Services and would incur additional fees in accordance with Section 14 below: <br />Services required to resolve any Customer.Cteated Error are outside the scope of Customer Support <br />Services and would Incur additional fees in accordance with Section 5.4 below. <br />7.4 if a problem reported is outside the scope of this Agreement as indicated in Sections 5.1 through 53 above, <br />Vastly will notify Customer to that effect and reserves the right to charge Customer at Vontiv's then current <br />standard hourly rates, for 'which Customer agrees to pay Ventiv promptly upon teoClving an invoice, <br />Certain requests, such as building custom modules, database objects, reports, utilities or other complex <br />projects {"Additional ServkeC) may also incur additional fees beyond those associated. with Customer <br />Support Services and will be detailed in anew Order Form and Statement of Work agreed between the <br />parties and subject to the terms and Conditions of this Agreement. The following are examples of <br />Additional Support Services that are available from Ventiv: (I) add -on data conversions; (it) <br />implementation for any optional saitware modules; (iii) supplemental training; (iv) custom reports — <br />defining, creating, testing or troubleshooting (Ventiv will help with "how do I add a table, column, field, <br />etc," in Report Designer, but Ventiv will require a Statement of Work to help troubleshoot or clean up a <br />modified or custom report (unless the custom report is specifically under maintenance; for example: "l tried <br />to add to or modify my oustom report and now my auistanding indemnity figures are incorrect )); (v) IVOS <br />upgrades during non - business hours; (vi) security configuration consulting or setup; (vii) data conversion <br />Issues once hansitioned from implementation to support; (viii) Ventiv database changes, such as <br />organization changes, combining insureds, reference table changes, eta; (ix) corrections to Customer's <br />data, including, but not limited to, data modification for purposes of exportinglimpotting tolfrom the Ventiv <br />database; (x) database administration sorvices (iVOS self - hosted only); (xi) M-Ei application administration <br />(MOS self-hosted only); fXH) backup and recovery consulting (iVOS selfihosted only); (xiii) performance <br />troubleshooting outside of the application; (xiv) any hardware or software problems beyond the control of <br />
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