Maintenance Services Terms Sample Clauses
Maintenance Services Terms. Maintenance Services are governed by the terms found at ▇▇▇▇▇://▇▇▇.▇▇▇.▇▇▇▇▇▇▇▇▇▇.▇▇▇▇▇▇▇.▇▇▇/global/en/legal/online-terms/mes/index.html and are incorporated herein by reference.
Maintenance Services Terms. Maintenance Services, including the provision of Maintenance Releases and New Versions, are governed by the terms found ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/sw- terms/mes which are incorporated herein by reference. Humanetics may modify such terms from time to time, provided that any modifications are effective only upon Customer’s next succeeding renewal of Maintenance Services whether standalone or as part of a rental or subscription, or when Customer otherwise accepts such modifications.
Maintenance Services Terms. 5.1 The Company will provide Maintenance Services for the Software during the maintenance period specified in Schedule 3.
5.2 The Company’s obligation to provide Maintenance Services is dependant on the continued existence of the Licence to Use the Software and the obligation to provide Maintenance Service will cease upon termination of the Licence.
Maintenance Services Terms. (a) Company acknowledges that failure to pay its invoice for Maintenance Services within the required 30 day period will result in Maintenance Services expiring with respect to such Software and/or Equipment. If permitted by DHS, Company may reinstate Maintenance Services that have expired, provided that Company first pays all Maintenance Services fees that would have been due for the period following the expiration of the previous Maintenance Service period, and orders all Professional Services (at DHS’s then-current rates) necessary to implement the then-current version of the applicable Software.
(b) The annual Maintenance Services Term shall commence as described in the applicable Schedule and Order, and each subsequent annual Maintenance Services Service Term will commence on the anniversary thereof. Company must purchase the same Maintenance Service level for all Software licenses and Equipment units for a given DHS Product.
(c) Unless otherwise agreed, DHS shall not be obligated to provide Maintenance Services for, or required as result of, (i) any Software or Equipment modified by any party other than DHS, (ii) any Software or Equipment used for other than its intended purpose, (iii) any Software or Equipment used with equipment not specified as compatible in the Documentation,(iv) any Software or Equipment being used with software not supplied by DHS, unless specified as compatible in the Documentation, (v) any Software or Equipment (or any associated equipment, software or firmware) which Company failed to properly install or maintain, (vi) any willful misconduct or negligent action or omission of Company, (vii) any computer malfunction not attributable to the Software or Equipment, or (viii) damage to Software or Equipment from any external source, including computer viruses not attributable to DHS, computer hackers, or force majeure events.
Maintenance Services Terms. (a) Fiserv will provide the following maintenance services to Client:
(i) Up to * for telephone support during normal business hours for reasonable operator support. For telephone support over * or not during normal business hours, Client will be charged Fiserv’s then standard professional service rates.
(ii) On-site support, when requested by Client, will be provided at Fiserv’s then standard professional service rates.
(iii) Software program fixes to correct Software Non-conformities for the current release will be provided within a reasonable period of time upon notice by Client. Client agrees to provide Fiserv with reasonable assistance and information in connection therewith.
(iv) Software Upgrades will be provided to Client.
(v) Training for updates may be offered to Client at Fiserv’s standard professional service rates. If such training is conducted at the Location or other Client site, Client agrees to reimburse Fiserv for its reasonable travel and out-of-pocket expenses.
(b) The term for Maintenance Services shall begin upon the earlier of installation or 90 days from Software delivery and shall end upon termination of each Exhibit C-n.
(c) Fiserv may utilize remote diagnostic software and dial-up telephone lines in providing these services. Client shall cooperate and assist Fiserv to expedite resolution of all Non-conformities. Access to Client’s computer systems via dial up access will be used exclusively for the purpose of diagnostics and will protect the access methodology from any non Fiserv entity.
(d) Should Fiserv’s review of the Non-conformity indicate, in Fiserv’s reasonable opinion, that the reported problem is not a Software defect but is due to other problems including, but not limited to, input not in accordance with specifications, Client’s abuse or misuse of the Software System, or by a modification or addition to the Software System not performed by Fiserv, or by Client’s failure to properly maintain the Computer System or to install the required system software release as instructed by Fiserv, then:
(i) Client agrees to reimburse Fiserv for the related costs of work performed by Fiserv in investigating the problem at Fiserv’s then standard professional service rates, and
(ii) Fiserv, at Client’s request, shall advise Client whether Fiserv can correct or assist in resolving such problem, and the terms under which Fiserv shall undertake the same. Upon acceptance by Client, Fiserv shall correct or assist in resolving the problem in...
Maintenance Services Terms. Maintenance Services are governed by the terms found at ▇▇▇▇▇://▇▇▇.▇▇▇.▇▇▇▇▇▇▇▇▇▇.▇▇▇▇▇▇▇.▇▇▇/global/en/legal/online-terms/mes/index.html which are incorporated herein by reference. SISW may modify such terms from time to time, provided that any modifications are effective only upon Customer’s next succeeding renewal of Maintenance Services whether standalone or as part of a rental or subscription, or when Customer otherwise accepts such modifications.
Maintenance Services Terms. 4.1 In consideration of the payment to Company by Client of the Maintenance Fee, Company agrees to furnish to Client Maintenance Services as described and subject to the terms and conditions contained in this Agreement.
4.2 Client may elect to receive Basic Maintenance Services and/or Special Maintenance Services by designating the services selected on Schedule 1.
4.3 Company shall maintain the Software System in compliance with applicable Federal regulations.
4.4 Client agrees to train current and future employed staff members on the technical and user operations of the Software System. If the Client chooses, training can be provided at the Company's location or at the Client's location at the then current training rates. Phone training will also be invoiced at the said rate.
4.5 As part of Basic Maintenance Services, Company shall provide telephone support for reporting of Level One, Two, and Three Nonconformities twenty- four hours per day, seven days per week. Company shall provide services to correct or resolve any other Nonconformity of the Software System only on Workdays. Telephone cost for remote dial-up is Client's expense. Company may utilize remote diagnostic software and dial-up telephone lines in providing these services.
4.6 Company and Client shall promptly assign such technical personnel as are necessary to identify, isolate, and reconstruct any reported Level One Nonconformity and, provided that such Nonconformity is capable of reconstruction and is due to a defect in the Software System, Company and Client shall utilize its best efforts to correct or utilize a circumvent procedure to restore system operation within twenty-four hours of Company's receipt of the call or before the next occurrence of the nonconformity. Company shall provide such services to Client free of any additional fees and Confidential US Comb 7/23/97 4 DC/JOM ------ Initials charges, including but not limited to any reimbursement for travel of Company technical personnel incurred during the resolution of the Major Nonconformity.
4.7 Company and Client shall use its best efforts to correct or adopt a circumvent procedure with respect to a Level Two Nonconformity within forty-eight hours of its receipt of the Level Two Nonconformity report.
4.8 Company and Client shall use its commercially reasonable best efforts to correct a Level Three Nonconformity within five business days of its receipt of the Level Three Nonconformity report by providing a circumvent procedure or...
Maintenance Services Terms. 5.1 Fiserv, by itself or through its affiliate executing Exhibit 1n, agrees to provide Client the following Basic Maintenance Services:
Maintenance Services Terms. The following Section is modified to read as follows:
Maintenance Services Terms. 5.1 Fiserv provides the following as part of Basic Maintenance Services to Client:
(i) Telephone support 24 hours per day, 7 days per week for reporting of a Non-conformity that causes the Software to be inoperable.
(ii) Up to 10 hours per month for telephone support during normal business hours for reasonable operator support. Non-conformity support is not included within this limitation. For telephone support in excess of 10 hours per month or for support provided outside of normal business hours unrelated to a Non-conformity (`Extended Use'), Fiserv agrees to notify Client of such Extended Use. In such event, Fiserv and Client will decide on a mutually agreeable corrective action plan. Fiserv reserves the right to invoice Client and Client agrees to pay for Extended Use at Fiserv's then current Professional Service rates, in the event Client fails to successfully implement the corrective action evidenced by a cessation of such Extended Use.
(iii) Services to correct or resolve a Non-conformity, provided that such Non-conformity is capable of reconstruction and is due to a defect in the Software, are provided during Fiserv's normal business hours.
(iv) Fiserv may utilize remote diagnostic software and dial-up telephone lines made available by Client in providing these services. Client shall cooperate and assist Fiserv to expedite resolution of all Non-conformities.
(v) Software program fixes to correct Non-conformities for the current and last prior Software release made generally available to all Fiserv client's using the applicable Software will be provided within a reasonable period of time upon notice by Client. Client agrees to provide Fiserv with reasonable assistance and information in connection therewith.