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TMS Online Inc. - 5 - Software License and Services Agreement Rev. 20250929 <br />Schedule B: Software Support Description and <br />Price <br />17. SUPPORT SERVICES PROVIDED <br />17.1 TMS shall assist Client in diagnosing errors and malfunctions <br />which occur when the Platform is used by Client. TMS is not <br />responsible for errors or malfunctions caused by any hardware or <br />any third party operating system. <br />17.2 TMS shall provide support services to Client to attempt to <br />correct diagnosed errors and malfunctions. TMS shall attempt to <br />provide updates that implement corrections and shall attempt to <br />assist Client in using the Platform in a way that can avoid diagnosed <br />errors, malfunctions and defects. <br />17.3 TMS shall provide support services to Client to attempt to <br />keep the Platform compatible with the then current version of the <br />operating system of the computer hardware. <br />17.4 TMS shall use its best efforts to respond to Client’s notification <br />of material errors on the same day as notification is given to TMS or <br />on the following business day. <br />17.5 All Software Support shall be performed during the Service <br />Hours unless other arrangements are mutually agreed to by the <br />parties in writing. “Service Hours” shall mean the hours of on-call <br />service coverage under this Agreement which are from 8:00 a.m. to <br />6:00 p.m. MST during business days. <br />17.6 TMS will provide reasonable technical support by telephone <br />concerning use of the Platform and diagnosis of problems or errors. <br />18. PRICING <br />18.1 Client shall pay Software Support fee of $10,000.00 annually <br />effective from the Effective Date. These fees shall increase by <br />$1,000.00 every 2 years. <br />18.2 Future support fees shall be payable annually in advance. <br />18. CONDITIONS OF SOFTWARE SUPPORT <br />The following terms and conditions shall apply at all times while <br />Software Support is in effect: <br />18.1 TMS shall be obligated to only support Authorized Users. <br />18.2 Client shall designate an individual who shall be the System <br />Manager. The System Manager must have a working knowledge of <br />the Platform and the system hardware and will be responsible for <br />the computer system backups and user access. The System Manager <br />will also be responsible for recording and reporting errors and <br />malfunctions and for recording and communicating the status of <br />fixes to problems by TMS to Authorized Users. <br />18.3 Client shall use its best efforts to notify TMS of any Platform <br />errors or malfunctions on the same day such problems become <br />apparent or on the following business day during Service Hours. TMS <br />shall not be obligated to repair or otherwise rectify any corruption of <br />Client’s data files or remedy any loss of work resulting from an <br />apparent problem not reported to TMS within the prescribed time <br />period. <br /> <br /> <br />