home
***
CD-ROM
|
disk
|
FTP
|
other
***
search
/
Complete Home & Office Legal Guide
/
Complete Home and Office Legal Guide (Chestnut) (1993).ISO
/
ex
/
fib
/
serv
/
350b.ws
(
.txt
)
< prev
next >
Wrap
WordStar Document
|
1993-08-01
|
5KB
|
132 lines
CUSTOMER MAINTENANCE AGREEMENT
____________________, referred to as SOFTWARE SERVICE COMPANY,
and ____________________, referred to as CUSTOMER agree:
CUSTOMER represents and warrants that it is an authorized
licensee/owner of the following described computer software
system:
________________________________________________
SOFTWARE SERVICE COMPANY shall provide under the terms and
conditions stated herein maintenance service for CUSTOMER.
Maintenance service is defined as providing needed assistance as
reasonably necessary to make the program perform pursuant to its
listed specifications; provided, that since the product is
produced by a third party that SOFTWARE SERVICE COMPANY shall not
be required to correct deficiencies which are results of
programming, or failure to program, of the producer of the
program. Maintenance shall include reconfiguration of the
software if reasonably required to accomplish tasks within the
capability of the program.
In the event that the producer of the program issues a new
version, and CUSTOMER elects to upgrade to such new version,
maintenance hereunder shall include re-configuration of the
system and conversion of data or other items to the new standard.
However, if the upgrade requires complete re-installation the
parties shall in good faith negotiate and agree upon a one time
charge for such re-installation.
The total contract price shall be $_______ (___________________ &
___/100 dollars) which shall be due, in full, on
________________.
In addition to the maintenance obligation undertaken above,
COMPUTER SERVICE COMPANY shall provide at no additional charge to
CUSTOMER no more than ___ hours of initial training in use of the
program, and refresher training for employees that have already
received initial training. This training shall take place at
___________________. COMPUTER SERVICE COMPANY shall not be
required to provide additional training; however, CUSTOMER may
order additional training at a cost of $ _____ (_______ &___/100
dollars) per instructor/hour.
This agreement may be terminated under two conditions:
1) a breach of the contract,
2) termination without a breach of the contract
If a breach of the contract is committed by the CUSTOMER, the
COMPUTER SERVICE COMPANY shall give a written notice specifying
the alleged breach and permit the CUSTOMER to cure the breach
within 10 days. However if the COMPUTER SERVICE COMPANY has
previously complained of a substantially similar breach, the
COMPUTER SERVICE COMPANY may either:
a) allow a period of three days to cure the breach; or,
b) issue a notice of immediate termination.
If a breach of contract is committed by the COMPUTER SERVICE
COMPANY, the CUSTOMER shall give written notice specifying the
alleged breach and permit the COMPUTER SERVICE COMPANY to cure
the breach within 3 business days. However, if the CUSTOMER has
previously complained of a substantially similar breach, the
CUSTOMER may alternately issue a notice of immediate termination
or allow a period of two business days to cure the breach. All
notices of alleged breaches shall be sent by the most expeditious
means, such as fax or over night delivery.
In the event that a claimed breach by COMPUTER SERVICE COMPANY is
the failure of the CUSTOMER to pay as agreed, 2 business days
notice of intention to terminate may be given, although COMPUTER
SERVICE COMPANY shall not be required to do so.
No failure or delay in exercising in right or failure to issue a
notice of any breach shall not constitute a waiver of any rights
herein.
Breach by the CUSTOMER shall include, but not be limited to:
a) the CUSTOMER making or permitting any alteration of the
software or hardware without the prior agreement of the COMPUTER
SERVICE COMPANY; the COMPUTER SERVICE COMPANY shall not be
required to agree to any changes by third parties;
b) refusal of the CUSTOMER to reasonably cooperate with the
COMPUTER SERVICE COMPANY;
c) persistent failure of provision of a proper electrical supply,
persistent failure to properly maintain hardware and a proper
environment for computers.
The contract may be terminated by either party without reference
to a breach and without cause on ___ days notice.
This is the entire agreement between the parties, and this
agreement may only be changed by a writing executed by both
parties.
Dated: ______________________
____________________________________________
____________________
_____________________________________________
____________________