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- #350
- @001 Enter the name of the CUSTOMER:
- @002 Enter the name of the SOFTWARE SERVICE COMPANY:
- @100 Enter the name of the program subject to the contract:
- @101 Enter the software version:
- #500/#501 Payment will be:
- in advance, with payment in full
- in installments
- #if#500
- !222 Enter the total contract price in numerals:
- @223 Enter the date when payment is due:
- #endif
- #if#501
- !777 Enter the total contract price in numerals:
- !778 Enter the amount of each installment in numerals:
- @779 Enter the date for first installment:
- @789/@789/@789 Installments are due every:
- thirty days
- ninety days
- KEY IN VALUE
- #endif
- #361/#362 Training:
- will be included in this contract
- will be purchased separately
- #if#361
- @555 Enter number of hours of training provided:
- @556/@556/@556 The training will take place:
- at customer's location
- at COMPUTER SERVICE COMPANY's location
- KEY IN VALUE
- @557 Enter cost per instructor/hour for additional training:
- #endif
- #363
- #end control section
- #350
- /* Para. 350: Maint. agreement; third party software */
-
- CUSTOMER MAINTENANCE AGREEMENT
-
-
- @001, referred to as SOFTWARE SERVICE COMPANY, and @002, referred
- to as CUSTOMER agree:
-
-
- CUSTOMER represents and warrants that it is an authorized
- licensee/owner of the following described computer software
- system:
-
-
- @100, version @101
-
-
- 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.
-
- #500
- /* Para. 500: Payment, in advance */
-
-
- The total contract price shall be $ @222 (!222 dollars) which
- shall be due, in full, on @223.
-
-
- #501
- /* Para. 501: Payment, in installments */
-
-
- The total contract price shall be $ @777 (!777 dollars) which
- shall be due, in installment as follows:
-
-
- $ @778 (!778 dollars) on @779, with the same amount due every
- @789 thereafter, until paid in full.
-
-
- Any past due installments will bear interest at the highest legal
- rate.
-
- #361
- /* Para. 361: Training, included */
-
-
- In addition to the maintenance obligation undertaken above,
- COMPUTER SERVICE COMPANY shall provide at no additional charge to
- CUSTOMER no more than @555 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 @556. COMPUTER SERVICE COMPANY shall not be required to
- provide additional training; however, CUSTOMER may order
- additional training at a cost of $ @557 (!557 dollars) per
- instructor/hour.
-
-
- #362
- /* Para. 362: No training */
-
-
- COMPUTER SERVICE COMPANY shall not be required under this
- contract to provide basic training or recurrent training for
- users of the program. However, CUSTOMER may request training for
- employees. A reasonable compensation and other conditions for the
- training will be agreed upon by the parties.
-
-
- #363
- /* Para. 363: Mandatory middle */
-
-
- 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 120 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: ______________________
-
-
-
-
-
-
-
-
- ____________________________________________
-
- @001
-
-
-
-
-
-
-
- _____________________________________________
-
- @002
-