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<br />. 4.4
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<br />a Sêrvice Agreement by giving P, - written notice to that eHect prior to the eHective ::>1 I price increase; othe"",in such changes
<br />.shall become eHective and shall apply u of the eHeClive d,¡e specified in PRIME's notic...
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<br />4.5
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<br />Any other charges will be invoiced to Customer as incurred and will be due and payable upon Customer's receipt of invoice, Such other
<br />chêlr£les may include, but are not limited to, ~) time ~ncluding ceruin minimum charges). material. and travel char£les in the event the Maintenance
<br />Service is performed outside Service Hours applicable to the Service Agreement. for service not included under the Maintenance Service
<br />chosen by the Customer, or'for service required for other than normal wear and tear of the ProductS, or due to modiflution of a Product
<br />by Customer, and Iii) travel premium where the Customer site is more than 100 miles from the nearest PRIME Service Center.
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<br />The Monthly Maintenance Charges and other applicable charges are exclusive of taxes. Customer will pay, or reimburse PRIME, for all taxes
<br />imposed on Customer or PRIME arising out of this Agreement. except for tax based on PRIME's income.
<br />
<br />5. CUSTOMER'S RESPONSIBILITIES:
<br />Customer IIccepts the following responsibilities liS conditions to PRIME's obligations to perform Maintenance Service:
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<br />Customer shall allow PRIME to perform such tests as PRIME shall deem necessary to monitor compliance with applicable minimum con.
<br />figurations, software licenses, and PRIME's software licensing policies and agreementS. auuch reasonable times as PRIME shan deem necessary.
<br />I
<br />5.10 Customer shall be responsible for data back-up, data overwrites, and disaster recovery measures. CUSTOMER AGREES TrIA T PRIME SHALL
<br />NOT BE RESPONSIBLE OR HELD LIABLE FOR THE PROTECTIOI':, LOSS. CONFIDENTIALITY OR SECURITY OF CUSTOMER DATA OR
<br />INFORMATION AT ANY TIME. INCLUDING INSTANCES WHERE DATA STORAGE UNITS OR SOFTWARE PROGRAMS ARE REMOVED
<br />FROM THE CUSTOMER SITE OR ARE OTHERWISE PROVIDED TO PRIME.
<br />
<br />&.. SERVICE LIMITATIONS:
<br />I .
<br />Unless otherwise specified in a Service OHering, Maintenance Service for Equipment does not include:
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<br />A. Replacing or performing maintenance on printer platens. printer bands, printer chain trains. disk packs,
<br />magnetic media, toner cartridges and any consumable supplies or accessories;
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<br />Furnishing supplies or accessories;
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<br />Painting or refinishing Equipment;
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<br />Adding, installing, removing or maintaining accessories, attachments, modified Equipment. machines
<br />or other devices not provided by PRIME except as specified in PRIME's then current policy;
<br />
<br />5.1
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<br />Customer shall provide free of charge for the use of PRIME Customer Service personnel. full and free access. adequate storage space for
<br />spare parts, tools, test and maintenance equipment. working space. heat. light. ventilation, a healthy and sale work environment, electrical
<br />current and outlets, A Customer representative shall be present on site at all times during which services are provided by PRIME hereunder,
<br />All spare parts until incorporated into the Products, all damaged pans after replacment by PRIME, all test and maintenance equipment and
<br />special diagnostic software, tools and maintenance documentation will remain the property of PRIME and may be removed by PRIME at
<br />any time. Customer bears the risk of loss lor all spare parts and tools stored at Customer's site,
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<br />Customer shall make available to PRIME, at no charge, adequate data communications facilities, remote access, and telephone and modem
<br />connections as PRIME shall reasonably determine, and at least one compatible modem lor the System, to allow the execution of remote
<br />diagnostics.
<br />
<br />5.2
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<br />5.3
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<br />Customer shall not make, modify, or attempt to make repairs or modifications. or perlorm maintenance or cause repairs to be made, or
<br />have maintenance perlormed by third parties on the Products during the term of the Service Agreement except as specified herein or as
<br />may be approved in advance and in writing by PRIME. If in the opinion of PRIME. any unauthorized modifICations, additions, adjustments
<br />to, or repair of the Products adversely aHect PRIME's ability to render Maintenance Service on the Products, PRIME reserves the right to
<br />terminate the Service Agreement immediately upon written notice to Customer.
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<br />Customer shall provide and maintain the site environment according to the site specifications established by PRIME.
<br />
<br />5.4
<br />5.5
<br />
<br />Customer agrees not to move, or permit to be moved, the ProduCtS covered by this Agreement without PRIME's prior written consent,
<br />except as may be outlined in a particular Service OHering.
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<br />Customer shall perlorm general "housekeeping" services as directed by Prime including. but not limited to, cleaning of magnetic tape heads,
<br />air filters and vacuum chambers, and providing and replacing removable magnetic media. printer and tYpewriter ribbons. printer chain trains,
<br />toner cartridges and printer bands and paper,
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<br />5.6
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<br />5.7
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<br />CustOmer agrees to perlorm certain duties and services as may be reasonably directed by PRIME in response to Customer telephone sup.
<br />port requests such as, but not ¡imiled to, System restarts, recording of error information. running Customer executable diagnostic tests,
<br />if any, and running operational readiness tasks. Customer agrees to copy or back-up programs and data files prior to executing any data
<br />entry commands given by PRIME or prior to running any diagnostic routines directed by PRIME. Customer will allow PRIME to keep System
<br />diagnostic programs resident on Customer Equipment during the term of any Service Agreement for the exclusive purpose 01 providing
<br />diagnostics. Customer acknowledges that Customer has no ownership interest in this diagnostic software, that Customer must use such
<br />diagnostic software in accordance with the software license provisions governing Customer's use of the Operating System Son ware lor
<br />the System, and that PRIME will remove these diagnostics upon termination of the Service Agreement. All Customer personnel assigned
<br />to perform hereunder on behalf of Customer will be (i) knowledgeable in the areas in which they are assigned and (ii) responsive to PRIME
<br />requests for Customer information relating to PRIME's performance, Customer programs, files, general and specific business requirements,
<br />documentation requirements and Customer operating procedure. Customer is responsible for determining and controlling the access and
<br />periormance hereunder by its employees.
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<br />Customer shan ensure that the Products conform to PRIME's minimum maintainable configuration requirements while the Products are
<br />covered by a Service Agreement. and Customer shan maintain in the Products any and an FCO's and the prevailing current revisions or
<br />"the immediate prior revision of the Operating System Software and any diagnostic software and utilities as provided by PRIME.
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<br />5.8
<br />
<br />5.9
<br />
<br />6.1
<br />
<br />B.
<br />C.
<br />D.
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<br />3
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<br />.- r.
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