HomeMy WebLinkAboutPeelle Technologies (2)197 East Hamilton Avenue
Campbell, CA 95008
Phone: 800.233.5006 Fax: 408.866.4803
Software / Hardware
Maintenance Agreement
RENEWAL
Client ID Account Manager IClient P4: # Peelle Invoice #
TOLAH79862 Jim Detrick
Qt .
Y
Send Invoices To:
Service Level
Software / Hardware Location:
Client:
Town of Los Altos Hills
Client:
Town of Los Altos Hills
Attn:
Deborah Padovan
Attn:
Deborah Padovan
Address:
26379 Fremont Road
Address:
26379 Fremont Road
City, State, Zip:
Los Altos Hills, CA 94022
City, State, Zip:
Los Altos Hills, CA 94022
Phone:
(650) 947-2513
Phone:
(650) 947-2513
Client ID Account Manager IClient P4: # Peelle Invoice #
TOLAH79862 Jim Detrick
Qt .
Y
Product Descri tion
p
Service Level
Start Date
End Date
Unit Cost
Ext; S.
8
Laserfiche
Names Full User
Monday — Friday
8:00am - 5:00pm PST
08/11/2015
08/10/2016
$100.00
$800.00
1
Laserfiche
Starter Public Portal
Monday — Friday
8:00am - 5:00pm PST
08/11/2015
08/10/2016
$37000.00
$31000.00
1
Laserfiche
Avante Server for SQL Expr.
Monday — Friday
8:00am - 5:00pm PST
08/11/2015
08/10/2016
$300.00
$300.00
Notes: The annual maintenance/support cost for the Laserfiche software products includes all software
updates. If required, on-site software support will be billed at the rate of $175.00 per hour, portal to
portal, with a two-hour minimum charge.
Total: $4,100.00
Please acknowledge your acceptance with a signed copy of the Maintenance Agreement and your purchase order. Faxed
copies are acceptable and can be faxed directly to the Contract Administration Department at 408. .4803.
4
Donna Braxton / Contract Administrator 07/08/15
Authorized Peelle Representative / Title Date Authorized Client Representative / Title D ate
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AGREEMENT TERMS AND CONDITIONS
Included are the Terms and Conditions under which Peelle Technologies, Inc. (hereafter referred to as Peelle) will provide software
and/or hardware maintenance/support services for the products listed within this Software/Hardware Maintenance Agreement (hereafter
referred to as Client).
1) Software Maintenance/Support Services: Peelle will supply the following software maintenance/support services:
(a) Peelle shall provide all necessary telephone support for reporting and resolving problems with the software products covered
by this Agreement, and shall be available to receive notification by the Client of any software problem. The Client must provide
adequate information and documentation to enable Peelle to recreate the reported problem. If it is determined that there is no
problem with the software products, Peelle will so inform the Client and, in such case, Peelle reserves the right to charge the Client
for the services provided at Peelle's then current standard rates plus reasonable associated expenses. Notwithstanding the
provisions of this section, Peelle makes no warranties that the maintenance/support provided hereunder will be successful in
resolving any problems or in diagnosing faults.
(b) All software releases/updates made available by the software manufacturer during the term of this Agreement.
Service is available by calling 800-233-5006 or via the Internet at support@peelletech.com. Unless otherwise specified on page one (1)
of this Agreement, Peelle agrees to use reasonable efforts to respond to the Client's service request within four (4) hours of receipt of
notification. In the first instance, Peelle shall attempt to diagnose the reported problem via telephone, e-mail and/or remote access and,
if considered appropriate, shall attempt to resolve the reported problem by requesting that the Client perform any required/standard
operational maintenance or simple adjustments which the Client can reasonably be expected to conduct. If the reported problem is not
resolved via telephone, e-mail and/or remote access, Peelle shall arrange for a system engineer to visit the Client's site during Peelle's
normal business hours, which are defined as the hours between 8:00 a.m. and 5:00 p.m. PST, Monday through Friday (excluding
Peelle company holidays).
2) Hardware Maintenance/Support Services: Peelle will supply the following hardware maintenance/support services:
(a) All parts, labor and materials necessary to maintain products covered by this Agreement.
Service is available by calling 800-233-5006 or via the Internet at support@peelletech.com. Unless otherwise specified on page one (1)
of this Agreement, Peelle agrees to use reasonable efforts to respond to the Client's service request within twenty-four (24) hours of
receipt of notification and services will be performed during Peelle's normal business hours. Normal business hours are defined as the
hours between 8:00 a.m. and 5:00 p.m. PST, Monday through Friday (excluding Peelle company holidays).
3) Charges: Peelle will invoice Client for the total software/hardware maintenance/support services cost, including any applicable taxes.
Client agrees to remit complete payment for the invoice in advance of the stated Agreement Start Date. An interest payment of 1.5%
compounded monthly and any applicable software maintenance reinstatement fees imposed by the software manufacturer shall be
added to those invoices not paid by the stated software maintenance Start Date.
4) Client Responsibility: Client is responsible for:
(a) Notifying Peelle in advance of any material changes to the supported system's components, including, but not limited to, the
system's network, server/workstation hardware, operating system or security configuration.
(b) Having a valid backup of data at all times to maintain original operating system, data and application software.
(c) Promptly notifying Peelle of any need for service and making product(s) available to Peelle engineers.
(d) Running diagnostic tests on all non -supported system components (network, server/workstation hardware, operating system or
security configuration) before having a product serviced under this Agreement.
5) Limitations of Service: Maintenance/support services provided under this Agreement do not include:
(a) Cost of bringing product(s) to operational status prior to placing them under maintenance.
(b) Costs related to the off or on-site implementation (including, but not limited to installation, configuration and training services)
of software updates made available by the software manufacturer during the term of this Agreement.
(c) Costs related to the resolution of software problems caused by unapproved changes to the supported system's network,
server/workstation hardware, operating system or security configuration.
(d) Repair of damage caused by; accidents, natural disaster, improper use, damage during transportation/relocation by Client,
work performed on software/hardware by personnel other than Peelle employees/subcontractors, causes beyond Peelle's control.
(e) Furnishing consumable supplies or accessories as specified by the manufacturer.
(f) Hardware with missing or altered serial numbers.
(g) Repair of damage or increase in service time caused by the use of the product for purpose other than for which it was
designed or beyond the manufacturer's specifications.
If services are required due to the above causes, Peelle will provide services at Peelle's then current standard service rates.
6) Term: This Agreement shall be in effect beginning on the Start Date as noted on page one (1) of this Agreement and continue
through the End Date as noted on page one (1), unless sooner terminated as provided in Section 7 of this Agreement.
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7) Termination: Client may terminate this Agreement for any reason with sixty (60) days written notice prior to the renewal anniversary
date. Client may also terminate this Agreement if any material agreement or obligation contained or referred to in the Agreement has
been breached by Peelle, provided that Client has given Peelle notice of such breach and there has been a failure to cure such breach,
if curable, within thirty (30) days after receipt of such notice. Unless such breach has been cured, termination shall be effective thirty
(30) days after receipt of such notice, and shall be without prejudice to any other right or remedy to which Client may be entitled either
at law, in equity, or otherwise, including, without limitation, under this Agreement. Peelle may terminate this Agreement at any time for
any reason with sixty (60) days written notice. Upon terminating the Agreement, Peelle will issue a prorated refund of any remaining
prepaid Agreement coverage. The refund amount will be for the Peelle technical support component only and will not include prepaid,
non-refundable maintenance/support fees paid to the software manufacturer(s) or third -party hardware service provider(s).
8) Rate Changes: The maintenance/support rates stated within this Agreement will not change during the effective dates specified for
this Agreement. All rates are adjustable for maintenance/support coverage periods after the contract expiration date.
9) Limitation of Liability: Client must provide Peelle with notice of claims of damage, improper service, or lawsuit within thirty (30)
days of service. Peelle shall not be liable for performance delays or for nonperformance due to causes beyond its reasonable control.
For any material breach of this Agreement by Peelle, Client's remedy and Peelle's liability shall be limited to a refund of related
maintenance/support fees paid during the period of breach, up to a maximum of twelve (12) months. The remedies provided herein are
Client's sole and exclusive remedies. In no event will Peelle be liable for special, punitive, incidental, or consequential damages,
whether based in contract, tort, or otherwise, including, without limitation, claims for loss or corruption of data or lost profit.
10) Entire Agreement: Client acknowledges that he/she has read this Agreement, understands it and agrees to be bound by Peelle's
terms and conditions. .Further, Client acknowledges that this Agreement is the complete and exclusive statement of the agreement
between the parties, which supersedes all proposals or prior agreements, oral or written. This Agreement may not be modified or
amended except by written instrument duly executed by the parties.
11) Binding Effect: This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective
successors.
12) Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of California.
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