HomeMy WebLinkAboutScheduled Maintenance Plan for Empire ComputingDec-12-00 04:45P P.02
Scheduled Maintenance Plan (SMP) Agreement
EMPIRE COMPUTER CONSULTING AGREES TO PROVIDE THE
SERVICES TO:
LOCATION OF EQUIPMENT: 1 3" ~_ o
FOLLOWING
SUPPORT SERVICES: This e~esment covers on-site service at the above ]ocatie~3{s) for labor onty as requited to keep
equ[t3ment in good workJr~g oretor a~ necesc~teted by r~o~mal use ~f the equlpme~[, except as othenvise providect herein~ Empire
Computer Consulting may terminate this agreement in ~e event the equipment is modified, damaged, al~red, m~>~ed, or serviced
by personnel other than an authorized agent of Empire Computer Consulting, or if par~, accessories, o~ c~mponents
authorize¢ by' EmPire COmputer Consulting are fitt~ ~ the equipment.
TIM E OF SERVICE: S, tandard time of service is 8:00 AM to 5:00 PM Monday {;hro~h Friday MST, e~tdir~ holid,~ys.
Services to De performed at times ether tha~ stenciard time ot service may be available oe a i~'e.schedu[ed or overtime basis.
CHARGE AND PAYMENT: Standard charges are at a base rate of $115.00 per hour for Network S~Jppor~ and $70.0,3 per
hour ~ Tm-~e & Ma~rial (T&M) Support, Customers purchash~g prepaid Scheduled Mainfe~-~ance Plans are eiigib;e to receive the
benefits offered ~ Lhis Agreement. A citent subscr~bing t~ this Agreement witi commit to one of the f~l~owir~ ptepatd pfa,~s at a fiat
rate of $78.00 per h~ur.
~ Pla~i i} I hour block: weekly ($ 312 i;~er mont~)
.~. Pla~ 2} 2 hour bloc~ w~kly {$ 624 per month)
P~a~1 3) 4 hOUr block w~kly ($12~ ~ month}
~ Pten 4) 8 hour block w~kiy ($2496 pe~ month}
On-site standa~ support charges outside the scheduled Agreement l~mas, will ~ bi,led at the $78,00 rate. Charges are incurred at
a one (1) hour minimum starting with the ~lme an Empire Computer Consulting engirmer leaves his then point of origin. Time billed
is p~'tal4o-porlel. Travel will be billed at 100% the hourly r~te to~ o~e way only. Tefephone support char§es wi[~ be {~ct~rted ~ a
fifteen (15) minute minimum commem:ing at the time of a return call by 0~e o~ Empire Computer Cor~sulLing's authorized er~gineers,
Service performed prior l~ 8:00 am arid =fte~ 5:00 PM and on Saturday witl be charged at one and one-half (~.5×) the hearty ram.
Sen4.,~e pedormed on SuncJay and holidays wtil be cheqied at two times (2X) the houdy rate~ A~t after~he.rs, holiday =r~d weekencl
oe~site support tncu~s a two {2} hour minimum (:barge.
TERM, This Aclreement s~a~l conl~nue in fm'-..a for 3 months from and after the date ~efeof. and shatl thereafter renew
automatically for successive 6-mon~ ten'ns, unless terminated as provided in the next sentence. Ei~er parb.~ may terminate this
Agreement by deli~ing written notice of termination to the other party no Jato< than 30 days i~e~ore the expiration ~ any g.-month
peri,eL In i~e event of such termination, this Agreement shall terminate effective as of the end o~ suc.~ 3-month period.
NATURE OF SERVICES' Response t~ service under c~3ntract will be ~t a time mu~;l~y agree(t ~o by bol~ Empire Computer
Consulting and ~e Customer. Dudng each 3 month t~m of {his Agreement the c~sfomer ta entitled, with 48 ~o~r$ ~otice, to <)pt
~t to have services performed ~ a singl~ day, credl~ for unused time will be applied to the r~xt mcmthty biltifl~. Responses to
c~on~re~'a~d requests will be o~ a first come, first serve, and resource availab#lly ;basis. This contract- is n~t a guaranteed rep~r time
DATA SECURITY RESPONSIBILITY: !t is the responsibility of the Custome~ to ensure that ali of ~ei~ date are adequately
backed up, di.~iicated, arid documented. Empire Computer Cons~ltmg wil! not ~e re~ponstb!e for Customer's failure to do so, nor
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Dec-12-O0 04:46P P.03
for the cos! of restruclurlng dale stored on diska, tapes, memories, etc. lost during the coume of p~rformance c4 services
hereunder.
CONFIDENTIALITY; Ernt31re Comf~utet C~ns~lting aFees to p~reserve l~e conticl~ttatity o! ~a[a or informatk3n relating to the
Customer's bualne~.s which is clearly so desigr~(~3 by the Customer to Empire Computer Cor~sul§mg's personr~eL
REMEDY: If Empire Computer Cons~ting fails to fulfill its contractual obligation, {he C~stomer has ~he right t~ recover an
~nt ~ll E~re ~mpu~ C~sui6ng ~ I~ble ~ C~r ~ any ~her p~ ~ enli~, ~ether in ~act, ~M Or any other
~sis, for ~n~, ~n~quena~, [nd~c~ or ~e~i d~ Or ti~t~a, or ~t loss
fl~)an~l ~s aNs~g from 6e~s ped~d by ~y ~nta~ve M Emp~ Computer
DEFAULT: In Re e~ent t~e Cbstomer' f~ls to fulfill its C_,ontractuat o~[ga~ons j3uts~uant to tt~is agreement, Empire Computer
Consuilil~l shel~ be attmeed any emcl eJ~ c~ts of oolJection includim~ reasonable attorney's fee.
RENEWAL ADJUSTMENTS; Empire Computer C~sut§ng may increase, decrease, or otherwise modify the c~'~arge$ to
ser,~ices speci~ed he.in upon thirty {3t)) day written notice pdor ~o any renewal term of this agreement.
TRANSFER OF CONTRACT: This agreement is not transferable.
EFFECTIVE DATE; Tl~ts agreement shall be effective on the last clat~ on which the parties hereto have skJ~ad l:his agteemen~
MAINTENANCE CHARGE:
THE ........... ~, ~- FEE FOR LABOR SERVI~CE$ HEREUNDER IS PAYABLE IN FULL WITHtN TEN DAYS OF THE DATE
HERE~OF, ~,J~TE PAYMENTS SHALL BE SUaJECT TO A LATE PAYMENT FEE EQUAL TO THE LESSER OF TEN PERCENT
PER MONTH OR THE GREATEST AMOUNT ALLOWED BY LAW, AND MAY RESULT IN CANCELLATION OF THIS
AGREEMENT. THIS AGREEMENT BECOMES EFFECTIVE WHEN SIGNED AND IS IN EFFECT FOR SlX MONTHS.
REFERENCE AGREEMENT #
Empire Computer Consulting
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