pleased with the multiple number of contracts for different scenarios and I also liked the advice given throughout the different manuals. You turned what would usually be a time-consuming, expensive process into an easy and affordable one that gives professional results."
PRE PACKAGED SOFTWARE SERVICE LEVEL AGREEMENT SLA THIS AGREEMENT is made this current day day of current month current year by and between company name Company and company name Customer Agreements In consideration of the mutual covenants set forth in this Agreement Customer and Company hereby agree as follows. 1. Scope of Support Services. Company shall during the Term as defined below provide to Customer the following development support and help desk consulting services described below the Services or Work Product at such times as Customer may reasonably request. Company will develop process for support services for the Customer for the following software the Software products. Insert Commercial or Pre packaged Software Product names here. Support shall consist of the diagnosis and troubleshooting of technical problems or performance issues surrounding the Software and resolution of issues within the Software. Issues involving process data or other third party requirement not involving technical issue may require escalation to the Software manufacturer alternate solutions or change in requirements not able to be rectified within the Software products.
Company provides email and phone support on daily basis. Daily is defined as 9. A. M. through 5. P. M. Pacific Standard Time PST excluding holidays and weekends. Company also provides ticket based support system available online seven days week twenty four hours day. Company uses best efforts to correct all reported and reproducible errors within the Software. To aid Customers expectations Company uses the following severity classification levels to categorize all reported problems and issues. Severity Classification. High The reported problem is of nature that prevents Customer from being able to use the Software; or critical features are unavailable causing critical interruption of business. Company will commence work on resolving the issue within one hour of notification and will engage Company staff during business hours until an acceptable resolution is obtained. Severity Classification. Medium The reported problem involves features of the Software not working correctly and no alternate solution exists. Company will commence work on resolving the issue within three hours of notification and will engage Company staff during business hours until an acceptable resolution is obtained. Severity Classification. Low
The reported problem involves minor business impact which includes problems with non essential or non critical features individual access to system or device or other compatibility issues not under the direct control of Company. Company will commence work on resolving the issue within one business day of notification and will engage Company staff during business hours until an acceptable resolution is obtained. Severity Classification. Maintenance The reported problem involves maintenance or minor business impact in which an update or patch is to be applied. Maintenance work while often quick to complete may require scheduling or consultation with Company or Customer staff in order to bring about the desired maintenance. Company will commence work on resolving the issue within three business days of notification and will engage Company staff during business hours until the maintenance is completed or an acceptable resolution is obtained. These classifications are not intended as consulting agreement for customer services or services to be rendered to Customers clients. Company reserves the right to send Company staff to Customers location in order to correct problems and will coordinate with Customer on access and scheduling. 2. Scope of Development and Development Support Services. Note. All custom development or integration is subject to separate specification of work unilaterally agreed upon in writing by Company and Customer. Custom development shall not be treated as support or adhere to any schedule not outlined in the Scope of Support Services or Specifications. The Company severity classification does not apply to custom development services.
Development Services include but are not limited to. * Installation of patches fixes and updates to listed software packages. * Custom features and add ons desired by Customer. * Web site or Mail Server integration features. * ETL or other Data processing services. * Synchronization services for devices or workstations. * Evaluation and recommendations regarding application and network security protections or any other concerns Company may have in order to safeguard Customers Software or other related systems.
* Provide consultation and installation Services for any new projects or tasks that Customer requests of Company. * Provide disaster recovery from backups and maintain current file library of all software source code licenses records or purchases Company made for Customer; and maintain history log or other record for Customer concerning all installations upgrades patches or other Services performed for Customer. * Offer general advice and guidance to Customers employees or end users and make recommendations to Customer concerning Customers systems and software. * Liaise with vendors hardware engineers and customer support or other Services or entities related to the maintenance and upkeep of Customers systems and software. 3. Limitation of Services. Company shall not be responsible for the following. 1 Liaising with billing and or accounting on matters related to payment for software licenses services or other items unless directly provided by or acquired for Customer by Company. 2 24 monitoring of web site or web server status unless otherwise specified and agreed upon in the specifications.
3 Fixing errors and omissions contained in any third party resource outside of the direct control of Company unless otherwise agreed upon in the Specifications. 4. Specifications. Company agrees to perform the Services pursuant to the specifications set forth in Exhibit attached hereto the Specifications 5. Term of Service. This Agreement shall commence on start date and shall continue in full force and effect until terminated by either party upon at least ninety days prior written notice. Absent termination notice no event except breach may terminate this Agreement prior to end date. Upon termination of this Agreement Company shall transfer and make available to Customer all property and materials in Companys possession or subject to Companys control that are the rightful property of Customer. Company shall make every reasonable effort to secure all written or descriptive matter that pertains to the Services or Work Product and agree to provide reasonable cooperation to arrange for the transfer of all property contracts agreements supplies and other third party interests including those not then utilized and all rights and claims thereto and therein. In the event of loss or destruction of any such material or descriptive matter Company shall immediately notify Customer of the details of the loss or destruction in writing and provide the necessary information for loss statement or other documentation to Customer. 6. Ownership Rights.
Company shall have ownership to all Companys Material. Companys Material consists of all copyrightable. Materials that do not constitute Services or Work Product as defined in Section Scope of Support Services; Section Scope of Development and Development Support Services; and in Exhibit Specifications. Materials that are owned solely by Company Pre existing Works or licensed to Company. Materials that are incorporated into the Work Product or part of the Services. Additional materials shall include but are not limited to. Insert additional materials here. Company shall hold all rights title and interest in and to Companys Material. Customer shall not do anything that may infringe upon or in any way undermine Companys rights title and interest in Companys Material as described in this paragraph 6. Notwithstanding the above Company hereby grants Customer an unrestricted nonexclusive perpetual fully paid up worldwide license for the use or for the sublicense of the use of any of Companys Material employed under this Agreement. 7. Compensation. For all of Companys Services under this Agreement Customer shall compensate Company in cash pursuant to the terms of Exhibit attached hereto. In the event Customer fails to make any of the payments referenced in Exhibit by the deadline set forth in Exhibit Company has the right but is not obligated to pursue any or all of the following remedies. terminate the Agreement breach immediately stop all Services or bring legal action.
8. Work Performed at Customers Location. Rules governing work performed by the Company that is considered onsite shall be defined in Exhibit B. Rules shall include but are not limited to. Availability of Company for visits any required number of onsite visits for this Agreement defining provisions and responsibilities for Customer to accommodate onsite visits and any other related matters pertaining to work performed at Customers location s. 9. Mutual Confidentiality. Customer and Company acknowledge and agree that the Specifications and all other documents and information related to the performance production creation or any expression of the Services or Work Product are the property of Company. Materials shared between Company and Customer the Confidential Information including but not limited to documentation product specifications drawings pictures photographs charts correspondence supplier lists financial reports analyses and other furnished property shall be the exclusive property of the respective owner the Owning Party and will constitute valuable trade secrets. Both parties shall keep the Confidential Information in confidence and shall not at any time during or after the term of this Agreement without prior written consent from the Owning Party disclose or otherwise make available to anyone either directly or indirectly all or any part of the Confidential Information. Excluded from the Confidential Information definition is anything that can be seen by the public or has been previously made available by the Owning Party in public venue. 10. Limited Warranty and Limitation on Damages. Company warrants the Services or Work Product will conform to the Specifications. If the Services or Work Product do not conform to the Specifications Company shall be responsible for correcting the Services or Work Product without unreasonable delay at Companys sole expense and without charge to Customer to bring the Services or Work Product into conformance with the Specifications. This warranty shall be the exclusive warranty available to Customer. Customer waives any other warranty express or implied. Customer acknowledges that Company is not responsible for the results obtained by Customer when using any Services or Work Product produced by Company. Customer waives any claim for damages direct or indirect and agrees that its sole and exclusive remedy for damages either in contract or tort is the return of the consideration paid to Company as set forth in Exhibit attached hereto. No action regardless of form arising out of the Services rendered or Work Product under the Agreement may be brought by either party more than one year after the cause of action has occurred. In no event shall Company be held liable for consequential damages. 11. Independent Contractor. Company is retained as an independent contractor. Company will be fully responsible for payment of Companys own income taxes on all compensation earned under this Agreement. Customer will not withhold or pay any income tax social security tax or any other payroll taxes on Companys behalf. Company understands that its employees will not be entitled to any fringe benefits that Customer provides for Customers employees generally or to any statutory employment benefits including without limitation workers compensation or unemployment insurance.
company name SOFTWARE INSTALLATION AGREEMENT OPEN SOURCE THIS AGREEMENT is made this current day day of current month current year by and between company name hereafter referred to as Customer and company name hereafter referred to as Company The purpose of this Software Installation Agreement is to set forth contract arrangement under which Company will provide fully licensed copy of Insert software application or suite name The Software Project and Installation Services for single Insert desktop network target domain or web server for Customer. Agreements In consideration of the mutual covenants set forth in this Agreement Customer and Company hereby agree as follows.
1. Installation of the Software Project. Customer agrees to compensate Company according to the terms listed on Exhibit attached hereto. 2. Specifications. Company agrees to develop the Software Project pursuant to the specifications set forth in Exhibit attached hereto the Specifications 3. Delivery of Software Project. Company will use reasonable diligence in the development of the Software Project and endeavor to deliver to Customer operational Software Project files as soon as possible. Customer acknowledges however that this delivery deadline and the other payment milestones listed in Exhibit are estimates and are not required delivery dates. Company will make every effort to advise Customer of any delays in advance and seek Customer feedback in regard to the proposed timeline as the development process progresses. 4. License and Ownership Rights.
Company grants Customer world wide non exclusive right to use in whole or in part the Software Project on single web site domain or server. No additional compensation or license fees shall be required of Customer after the installation is complete. Company shall retain its ownership in all rights title and interest in all pre existing works interfaces navigational devices menus menu structures or arrangements icons help and other operational instructions and all other components of any source or object computer code that comprises the Software Project all pre existing literal and non literal expressions of ideas Companys Style that operate cause create direct manipulate access or otherwise affect the Content and all other pre existing or proprietary copyrights patents trade secrets and other intellectual or industrial property rights in the Software Project or any component or characteristic thereof. Customer shall not do anything that may infringe upon or in any way undermine Companys rights title and interest in the Software Project as described in this paragraph 4. Notwithstanding the above Customer shall retain all of its intellectual property rights in any text images or other components it owns and delivers to Company for use in the Software Project in addition to the physical presence of the site itself. Customer shall be provided with copy of all installation files and code that comprises or makes up the Software Project as part of this agreement. 5. Proprietary Information. Proprietary information exchanged hereunder shall be treated as such by both Company and Customer. This information shall include but not be limited to the provisions of this Agreement and both parties product services information and pricing. Customer further agrees to not decompose disassemble decode or reverse engineer any Company owned program code or technology delivered to Customer or any portion thereof. 6. Warranty. Company is not responsible for defects caused by changes or issues resulting from third party tools or applications it does not have direct control over including but not limited to. web browsers operating systems OS plug ins extensions software programs applets newly discovered vulnerabilities scripts or other items. 6 No Warranty for Outcome or Use of the Software Project. Company makes no warranties or representations of any kind whether expressed or implied for the suitability or the outcome from the use of the service it is providing. Company also disclaims any warranty of merchantability or fitness for any particular purpose and will not be responsible for any damages that may be suffered by Customer including loss of data resulting from delays non deliveries or service interruptions by any cause or errors or omissions. Use of any information or results obtained is at Customers own risk and Company specifically denies any responsibility for the accuracy or quality of information obtained through its services. Any connection speed or application execution speed for end users is not guaranteed. Company specifically denies any responsibilities for any damages arising as consequence of any unavailability.
7. Open Source Disclaimer. Customer acknowledges that the some of the solutions and libraries being provided by Company are Open Source and Customer is being granted worldwide non exclusive license under the General Public License GPL to deploy modify or otherwise use the Open Source Code in their business or enterprise. Customer is not being charged fee for using any open source resources; rather they are paying fee for the installation service and custom coding provided by Company. The use of Open Source software carries NO WARRANTY whether explicit or implied and Company is not responsible for any damages that may be incurred as result of using Open Source software libraries or other resources. 7 Critical Patches Upgrades and Security Risks. Customer acknowledges and understands that from time to time vulnerabilities may be uncovered in the Software Project or the operating system applications or other programs or resources that the Software Project may be dependent upon to function. Customer acknowledges that it is not Companys responsibility to support upgrade or otherwise patch the Software Project after installation is complete. 8. Disputes. If legal proceedings are commenced to resolve dispute arising out of or relating to this agreement the prevailing party shall be entitled to recover all costs legal fees and expert witness fees as well as any costs or legal fees in connection with any appeals.
9. Indemnification. Customer shall indemnify and hold Company harmless from and against any and all claims judgments awards costs expenses damages and liabilities including reasonable attorney fees of whatsoever kind and nature that may be asserted granted or imposed against Company directly or indirectly arising from or in connection with Customers marketing or support services of the Software Project or services or the unauthorized representation of the Software Project and services or any breach of this Agreement by Customer. Customer warrants that everything it gives Company is legally owned or licensed to Customer. Customer agrees to indemnify and hold Company harmless from any and all claims brought by any third party relating to any aspect of the Software Project including but without limitation any and all demands liabilities losses costs and claims including attorneys fees arising out of injury caused by Customers products services material supplied by Customer copyright infringement and defective products sold via the Software Project. 10. Use of Software Project for Promotional Purposes. Customer grants Company the right to reference the Software Project for promotional purposes and or to cross link to it with other marketing efforts developed by Company. Company may not at any time disclose or grant access to Customers Software Project private information resources or any other non public asset used for the purposes of promotion or marketing. 11. No Responsibility for Theft. Company has no responsibility for any third party taking stealing hacking altering or otherwise modifying all or any part of the Software Project Source Code Object Code Graphics Text or any other materials related to the Software Project.
12. Right to Make Derivative Works. Company has exclusive rights in making any derivative works of pre existing or open source code or related graphics and animations. Customer acknowledges that similarities may exist between other Software Projects developed by Company and any such similarities both past and future constitute Companys Style and proprietary information. 13. Identification of Company. Customer agrees that Companys links will be placed on the bottom of the front page and on internal pages of the Software Project in mutually agreeable size and location. Customer also agrees to put Companys copyright notices in any source code where pre existing or proprietary information is present. Source code copyrights shall not be public unless user views the source code directly. Customer agrees to display all legally required copyright notices as prescribed by applicable law. 14. General.
If any provision of this Agreement is held to be unenforceable the enforceability of the remaining provisions shall in no way be affected or impaired thereby. failure by any party to exercise or delay in exercising right or power conferred upon it in this Agreement shall not operate as waiver of any such right or power. 15. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of state or province. Exclusive jurisdiction and venue shall be in the county County state or province Superior Court. 16. Force Majeure. Company shall not be held liable for failure to fulfill its obligations under this Agreement if such failure is caused by circumstances beyond the reasonable control of Company or its suppliers or contractors including but not limited to acts of God disasters acts of terrorism unavailability of materials equipment failures strikes riots wars or other labor disturbances. EXECUTED as of the date first written above. company name By signator authorized signature or signer.
Job title of signator authorized signature or signer. Date when the contact was signed company name By signator authorized signature or signer. Job title of signator authorized signature or signer. Date when the contact was signed Customer Initials Company Initials