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Fracta 1/28/2020
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Fracta 1/28/2020
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Last modified
1/30/2020 9:32:32 AM
Creation date
1/30/2020 9:32:04 AM
Metadata
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Template:
Contracts
Contractor's Name
Fracta
Approval Date
1/28/2020
Department
Purchasing
Department Project Manager
Theresa Bauccio Teschlog
Subject / Project Title
Software Subscription Service
Tracking Number
0002175
Total Compensation
$88,000.00
Contract Type
Agreement
Contract Subtype
Technology
Retention Period
6 Years Then Destroy
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_ • SOFTWARE AS A SERVICE SUBSCRIPTION <br /> • • • <br /> FRACTA <br /> 3.1.4. Fracta will assess and clean the Customer Data as necessary to create Normalized <br /> Customer Data. <br /> 3.1.5. Fracta will load the Normalized Customer Data into the System. <br /> 3.2 After the initial load of the Normalized Customer Data into the System, Fracta will provide <br /> Customer up to two (2) additional loads of Normalized Customer Data into the System per <br /> subscription year. The additional loads do not include an assessment and cleaning. Fracta <br /> assumes that Customer will provide updated Customer Data in the Normalized format. If the <br /> Normalized Customer Data cannot be loaded because of the format provided by the <br /> Customer, Fracta will provide an estimate of fees to the Customer for assessing and cleaning <br /> the data. Fracta will not load the data until Customer has agreed in writing to pay the <br /> assessment and cleaning fees. <br /> 3.3 Fracta will provide online access to the Normalized Customer Data,which Customer can <br /> view online and download. <br /> 3.4 Data Responsibility. Responsibility for ensuring that the data entered into the System is <br /> accurate and reflects Customer requirements lies solely with Customer. <br /> 3.5 No Sensitive Data; Customer Responsibilities.The System is not intended for use with <br /> protected health information under HIPAA,credit card numbers,financial account numbers, <br /> or personally identifiable information. Customer_assumes all risk arising from use of any <br /> such sensitive information with the System, including the risk of any inadvertent disclosure <br /> or unauthorized access thereto.Customer_is responsible for ensuring that Customer's_use of <br /> the System is in compliance with all applicable laws and governmental regulations and <br /> Customer_assumes all risk arising from any such use that is not compliant with applicable <br /> laws and regulations. <br /> 4. SUPPORT <br /> 4.1 System Updates and Changes. Fracta will provide access to Updates at no additional charge, <br /> when they are commercially available. Fracta reserves the right to add new features and <br /> functions to the System, and the right to discontinue features. Upon Customer's reasonable <br /> request and on mutually agreeable terms, Fracta may enable Customer to continue to use <br /> discontinued features or functions. <br /> 4.2 Errors. An Error is a defect in the programming of the System software that causes it to fail <br /> to operate properly.Customer acknowledges that the software in general is not error-free <br /> and agrees that the existence of errors in the Software shall not constitute a breach of this <br /> Agreement. <br /> 4.3 Error Correction. Fracta will use commercially reasonable efforts to correct all material <br /> Errors reported by Customer, or to provide a reasonable workaround using its reasonable <br /> efforts during Fracta's normal business hours. Customer will provide access, information, <br /> and assistance as Fracta may reasonably require in the process of resolving any Error.This <br /> paragraph is Customer's sole and exclusive remedy for Errors. <br /> 4.4 Support Requests. During regular business hours (9 am - 5 pm Pacific Time) Customer may <br /> email or call Fracta to raise a support issue, using the contact information provided by <br /> Fracta. Customer is encouraged to designate Users with authority to make support <br /> Fracta Confidential Page 4 of 12 December 4,2019 <br />
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