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Resolution 9632
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Resolution 9632
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Last modified
1/28/2025 4:54:48 PM
Creation date
9/28/2022 2:48:43 PM
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Template:
MV Commission Documents
Commission Name
City Council
Commission Doc Type
Resolutions
MEETINGDATE
9/26/2022
Commission Doc Number (Ord & Res)
9632
Supplemental fields
City Council Document Type
Resolutions
Date
9/26/2022
Resolution/Ordinance Number
9632
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14.4. Maintenance and Support and the SaaS fee do not include amounts that may be due for such items as <br />additional training, additional BSA Software Products, custom development work, hardware purchases, BSA <br />staff time to create or modify report writer based reports, configurable imports or exports, or data entry. <br />Additional fees may be payable for items charged on a per event basis, such as Permit Application Submission <br />Fees related to online permit applications. <br />15. Support. <br />15.1.With respect to Errors following expiration of the Limited Software Warranty, BSA's sole obligation and <br />Customer's sole remedy are set forth in this Section 15. Subject to Customer's compliance with the terms of <br />the Agreement and payment of SaaS fees, BSA shall use commercially reasonable efforts, commensurate with <br />the severity level, to achieve its support response and resolution targets with respect to Errors as set forth in <br />Exhibit C. An "Error" means a verifiable and reproducible failure of a BSA Software Product to operate in <br />accordance with the Documentation under conditions of normal use and where the Error is directly attributable <br />to the BSA Software Product as updated with current Modifications. If the customer modifies the BSA Software <br />Products without BSA's written consent, BSA's obligation to provide support services on the BSA Software <br />Products will be void. <br />15.2.Support does not include the following: (i) installation or implementation of the BSA Software Products; (ii) <br />onsite training/support, remote training, application design, and other consulting services; (iii) support of an <br />operating system, hardware, or support outside of BSA's normal business hours; (iv) support or support time <br />due to a cause external to the BSA Software Products adversely affecting their operability or serviceability, <br />which shall include, but not be limited to, water, fire, lightning, other natural calamities, misuse, abuse, or <br />neglect; (v) repair of the BSA Software Products modified in any way other than modifications made by BSA or <br />its authorized agents; and (vi) support of any other third -party vendors' software, such as operating system <br />software, network software, database managers, word processers, etc. All such excluded Maintenance and <br />Support Services performed by BSA at Customer's request shall be invoiced to Customer on a time and <br />materials basis, plus reasonable expenses associated therewith. <br />15.3. Notwithstanding anything to the contrary, Customer shall provide prompt notice of any Errors discovered by <br />Customer, or otherwise brought to the attention of Customer. Proper notice may include, without limitation, <br />prompt telephonic and written (either via e-mail or postal mail) notice to BSA of any purported Error. If <br />requested by BSA, Customer agrees to provide written documentation of Errors to substantiate those Errors <br />and to otherwise assist BSA in the detection and correction of said Errors. BSA will use its commercially <br />reasonable judgment to determine if an Error exists, and the severity of the Error. <br />15.4.Customer acknowledges and agrees that BSA and product vendors may require online access to the BSA <br />Software Product in order for BSA to provide Maintenance and Support Services hereunder. Accordingly, <br />Customer shall provide a high-speed internet connection to facilitate BSA's remote access to the BSA Software <br />Products. BSA shall provide remote connection software, which may require installation of a software <br />component on a workstation or server computer. <br />SECTION D —THIRD PARTY PRODUCTS <br />16. Third Party Products. <br />16.1. BSA will sell, deliver and install onsite any hardware products not produced by BSA ("Third -Party Hardware"), <br />if purchased by Customer, for the prices set forth in Schedule 1 to Exhibit A, as modified by any subsequent <br />Change Order(s). <br />16.2. BSA shall not provide any warranty services on Third Party Hardware sold. BSA is not the manufacturer of the <br />Third -Party Products. To the extent applicable, BSA will grant and pass through to Customer any warranty that <br />BSA may receive from the supplier of the Third -Party Product(s). <br />
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