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MAlI h MNANCE SERVICES. <br />10. SERVICE LEVELS. <br />rovide a one hour (1.) phone response to service calls measured from <br />(a) Response Time. Ricoh will p <br />technicians will meet a four (4) business hour response time <br />receipt of the Customer's call. Ricoh service <br />for all Customer service calls located within a major metropolitan area and eight (8) hour average <br />response time for all Customer service calls located fifty (50) miles or greater from aRicoh service <br />covered by the Order. <br />center. Response time is measured in aggregate for all Equipment <br />(b) Uptinhe. Ricoh will service the Equipment provided under an Order to be operational with a <br />quarterly uptime average of 95% (based on in performance standards and an 8 -hour day, <br />during Normal Business Hours), excluding preventative and interim maintenance time. Downtime will <br />begin at the time Customer places a service call to Ricoh. Customer agrees to make the Equipment <br />available to Ricoh for scheduled preventative and interim maintenance. Customer further agrees to give <br />Ricoh advance notice of any critical and specific uptime needs Customer may have so that Ricoh can <br />schedule with Customer interim and preventative maintenance in advance of such needs. <br />(c) Replacement of Equipment. Should a unit of Equipment or an accessory not be able to be <br />maintained in conformance with manufacturer's specifications, Ricoh shall, at its own expense, replace <br />such Equipment with another unit of the same product designation as that Equipment and Ricoh shall bear <br />all installation, transportation, removal and rigging charges in connection with the installation of such <br />replacement unit; provided, however b) f as r placement unit f the same productacement unit may be a rditioned or designation as the unse <br />it <br />used unit rather than a new unit; and (le t p <br />of Equipment it replaces isnot available, the replacement unit may be a product of substantially similar or <br />greater capabilities. <br />11. DATA MANAGEMENT SERVICES. The parties actolowledge and agree that Ricoh shall have no <br />obligation to remove, delete, preserve, maintain or otherwise safeguard any infonnation, images or <br />content retained by or resident in any Equipment serviced and maintained by Ricoh, whether through a <br />digital storage device, hard drive or other electronic medium ("Data Management Services''). If desired, <br />Customer may engage Ricoh to perform Data Management Services at then -prevailing Contract rates. <br />Customer acknowledges that Customer is responsible for ensuring its own compliance with legal <br />requirements in connection with data retention and protection and that Ricoh does not provide legal <br />advice or represent that the Equipment and Services will guarantee compliance with such requirements. <br />The selection, use and design of any Data Management Services, and any decisions arising with respect to <br />the deletion or storage of data, as well as the loss of any data resulting therefrom, shall be the sole and <br />exclusive responsibility of Customer. If desired, Customer may engage Ricoh to perform the following <br />Data Management Services, and the parties shall enter into a written work order setting the details of any <br />such engagement: <br />® Hard Drive Surrender Service. Under this option, a Ricoh service technician car remove the hard <br />drive from the applicable equipment (set forth on a work order) and provide Customer with custody of <br />the hard drive before the equipment is removed from the Customer's location, moved to another <br />department or any other disposition of the equipment. The cost for the Hard Drive Surrender Services <br />shall be as set forth in the Contract. <br />® Data®veativrite3ecurity System (DOSS). DOSS is a Ricoh product designed to overwrite the sector of <br />the hard drive used for data processing to prevent recovery. Additionally, DOSS also offers the <br />option <br />of overwriting the entre hard drive up to nine (9) times. <br />12 PURCHASES OF EQUIPMENT FOR CASA. Iii the event that Customer desires to purchase <br />equipment or products from Ricoh from time to time, it may do so by issuing aPurchase Order/Sales <br />Order to Ricoh for that purpose. hh connection with any equipment purchase from Ricoh, Ricoh shall <br />transfer to Customer any equipment warranties made by the equipment manufacturer, to the extent <br />transferable and without recourse. Customer agrees to confirm delivery and acceptance of all equipment <br />I under this Agreement within ten (10) business days after any equipment is delivered and <br />installed (if installation has been agreed to by the pasties) by signing a delivery and acceptance certificate <br />4 <br />711850 <br />01/08/2014 13:52 PM 13538175 <br />