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HomeMy WebLinkAboutContract 2322 r, .: '4 ;� j �' RITE Enterprises Inc Support Agreement This is an agreement between your company and RITE Enterprises to explain and clarify how we support our customers and how they are billed for their support. RITE charges for support on the basis of time and sells support packages in hours. If you require special types of support the minutes of your support plan will be consumed at different rates. These rates and definitions are outlined below. Definitions Support qualifies as non - critical support if all of the following are met: U Offered between 9 am and 6 pm (Central Time) Monday through Friday o Phone, email or online support can have a reply time of up to two hours (this means we can finish working with another customer and then reply) o If on -site support is required but can wait at least two business days Support qualifies as critical or emergency support if any of the following are met: • Offered at any other time than listed above • On -site support that is required in less than two business days • Phone, email or online support where a reply is required in less than two hours (this means we drop everything to handle your issue) • We do not offer emergency support to clients who do not have an active support plan (meaning you have a balance of at least 30 minutes worth of support time.) o If you leave a message for the emergency support staff and your issue has been resolved by the time they answer your call (assuming their response is within 2 hours) you will be billed for 15 minutes worth of critical support time. If you do not have an active support package but your credit card is on file, your credit card will automatically be billed for this. Rates / Travel Non - critical phone, email, remote control (to take control of your PC remotely) and non - critical on -site support is consumed on a 1 to I ratio. Non - critical on -site support travel time is consumed at a rate of 1.25 minutes per mile round trip. These miles are calculated using Yahoo maps, to your location from our office located at 330 Highway 10 South, St. Cloud, MN. Critical support is consumed at a 1.5 to I ratio. An example would be if you needed a support agent 1 on -site and they spent 60 minutes, it would consume 90 minutes of your support plan. Lender equipment — If equipment needs to be borrowed by a client from RITE for temporary replacement there will be a shipping charge and a rental fee. If your equipment was purchased and installed by RITE you are eligible to be on our RITE Product Replacement Program. Page 1 of 6 Initial (A)t— C/ All support time is billed in 15 minute increments (rounded up). An example would be - 1 hour and 24 minutes of work, which would be rounded to 1 hour and 30 minutes. If you use emergency support your actual support time would be multiplied by 1.5 and then rounded up. If installation will require multiple days you will be charged for any hotel stay costs. If installation requires a plane flight you will be charged for the cost of plan tickets plus a $50 booking fee. You will be charged for all time consumed from when the RITE employee leaves our offices to go to the airport until the time they arrive at their hotel room. On any day where any RITE employee is dedicated to your project there will be a minimum of 6 billable hours per day (example - if a RITE employee is at your site and is not able to work because of a power outage but are forced to stay in the area because they have flown in, that day will create 6 billable hours even if the RITE employee was only able to work for 2 hours.) Terms O We document support incidents to whoever is the support contact at the client business. We indicate what occurred, who we talked to, what we did and when it occurred. The time taken to make these notes is added onto time spent with the client. Our notation practices are basic and brief to keep things economical as the time it takes us to do this is also billable. If a higher level of detail is required, please let us know. That added time will be billable. • Your remaining support hours cannot be transferred to any other business. • If your support purchase runs out you will have 48 hours to renew into another package. The negative amount of consumed time will be subtracted from your new package. If you do not renew you will be billed at our current hourly rate. The spirit of our support package pricing is that we are able to charge lower rates when we receive payment up front. Our business model relies on this and if it is not done we must charge this premium. If you commit to renewing into a package within 48 hours but do not pay your bill for this package on time you will be re- billed at the hourly rate and will also have late fees applied. • If an item is under warranty and there is an issue you have the option to contact the manufacturer directly to have the unit fixed or we can handle the issue. If we do so you will be charged for this time. Any applicable charges such as shipping to manufacturer, shipping of emergency equipment to you, etc will be billed to you after the incident. O We are not responsible for any credit card mis- configuration issues. It is your responsibility to test our configuration to ensure it is properly processing with your credit card company. We will not be held responsible for any issues resulting from this setup. O You give permission to RITE to setup a RITE cashier /user with Administrative access to your system so that any RITE agent will have enough access to effectively solve any issues that may arise. O Software development / coding is charged at a different rate and support package time cannot be used for this purpose. Software development includes, but is not limited to, custom reports, custom receipts, HTML development, .NET coding, SQL statements, batch file creation, and similar activities. • If, by some means, you gain access to a RITE representative's cell phone number please do not call it for continued support unless explicitly directed to do so by them. If you do this there is a good chance that you will NOT have your phone call returned in the timely fashion that you would like. Please direct all emergency support issues to our regular phone line and use the emergency option. The emergency technician will then be paged. O If RITE creates or gives a custom report, receipt template, work flow documents, training documents, etc for you it is for your internal company use only. When RITE gives one of these documents to you we are giving you a license to use it and RITE retains all intellectual property rights to that document unless explicitly stated in writing. You are not allowed to donate, give, sell, or distribute these documents in any way. Page 2 of 6 Initial kV 9j • RITE will allow any person calling from your business requiring assistance to work with us and by signing this document you are giving us permission to do so. If this is not OK and you only want specific users to be able to receive our assistance please make this request to us in writing and list the users that you do want to be allowed. On - site Installation We will install the system you purchase at an agreed upon time. If we arrive and the store is not ready for installation (at no fault of our own) we will bill you at our normal rate or consume your support package for any time spent on -site, travel time, and any other time spent by RITE representatives dealing with the issue. If a RITE employee needs to wait before they can begin installation because of these issues this time will also be billable and NOT included in your installation costs. Here's what we expect when we come to install: ▪ Counter tops in place and holes drilled to run wires. • Plenty of clearance to channel wires from counter tops to computer (nothing impeding the way and if there is, have additional holes drilled.) • Have a place to set the computer that is within 2 feet from where the POS devices will be placed (barcode scanner, cash drawer, printer, etc.) • Electrical outlets within 2 feet from where the computer will be set. These need to be powered up when we arrive. See the construction specification document for more information. On -site installation includes our staff pre - configuring your system via the initial questionnaire sent to you and then us coming on site to install your equipment and test the equipment you have purchased directly from RITE. It also includes networking setup on products purchased from RITE. If additional cables, mounting brackets, or parts are required to complete your installation these will be billed as an additional cost. Any training or additional configuration that takes place on -site will consume your support package unless otherwise stated in your RITE quote. On -site installation does NOT include running of network or other cables. If initial training is included with your installation package it will be treated as additional support on your support package. Example - if 3 hours of training is included in your installation package and you only use I hour of training your support package would have 2 extra hours on it. If you would use 5 hours your support package would be 2 hours negative. Off - site Installation Off-site installation includes setting up and testing the hardware purchased from RITE in a mock network at our staging facilities and configuring the necessary software so that when the package arrives at your place of business it is "plug and play." This does not include shipping or delivery to that location or configuration of non -RITE purchased hardware or software. Equipment If you purchase equipment from RITE it will be pre - configured to work with the systems we sell. If you purchase your own equipment or have preexisting equipment and want us to make it work with our systems we make absolutely no guarantees as to its fitness of use and any time we spend installing, configuring or troubleshooting it will consume your support package or be billed at our Page 3 of 6 Initial 1A.),-- normal hourly rate. If we require extra parts or cables to make these devices work they will be billed as a separate charge. By asking RITE to make these work you are giving us permission to use whatever cables or components are needed to get your systems working. Hardware Emergency Exchange Emergency exchange is sometimes sold with equipment purchased from RITE and can be utilized on critical equipment. Critical equipment does not include the actual computers /CPUs that have been purchased. In the case of those items often more work needs to be done to recover data from the PC than just sending a replacement and shipping costs for that mechanism would drive the cost of this service up drastically. This service does not include products not purchased from RITE. Furthermore, the client utilizing this service needs to have a support package with at least 30 minutes worth of support left on it as your support package will be consumed during the troubleshooting period. No equipment will be sent out without the necessary troubleshooting steps taken first. Actual shipping costs will be billed to the customer to get the loaner shipped to them. Lender Equipment If your hardware does not have emergency exchange RITE can sometimes offer you lender equipment if needed while new hardware is being purchased or existing hardware is being fixed. There are rental fees and equipment deposits required in these situations. Support Plan Billing To insure uninterrupted service RITE will send an invoice for a new support package when 80% or more of your current support plan is consumed. This invoice is optional but recommended to continue to have uninterrupted service from RITE. We will re -bill on the basis of your last 12 month's worth of usage. Setup & Support Limitations While RITE strives to help every customer it is not always possible to resolve all issues. If RITE is unable to resolve an issue, we may provide you with contact information for the product's manufacturer. In addition, RITE reserves the right to refuse support to those determined to be abusive, uncooperative, or who have unrealistic expectations. Term Unused setup & support hours automatically expire two (2) years after the date of purchase. RITE, at its sole option, may elect to terminate this plan at any time. If RITE makes this election you will be refunded a prorated portion of the amount you have paid for the two -year period. No Warranty RITE does not warrant that any or all problems, errors, malfunctions and defects can or will be corrected through our support. ALL CORRECTIONS, INFORMATION AND SERVICES ARE PROVIDED ON AN "AS IS" BASIS AND THERE ARE NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE. RITE shall not be liable for any damages resulting from or relating to the services performed under our support, including, but not limited to, any loss of data or software, inability of RITE to correct any errors, problems, malfunctions and defects, or delay of RITE in performing any services under this Plan. In no event shall RITE be liable to you for any indirect, special or consequential damages or lost profits arising out of or related to this Plan, even if RITE has been advised of the possibility thereof or knew or should have known thereof. RITE liability hereunder, if any, shall in no event exceed the total fee paid by you to RITE. General Terms RITE shall not be liable for, and is excused for any failure to deliver or perform under this Plan, or for delay in delivery or performance, due to causes beyond its reasonable control. The terms of this Plan shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. This Page 4 of 6 Initial V1J Plan is governed by the laws of the State of Minnesota. Any action with respect to this Plan may be brought only in a Minnesota court of competent jurisdiction. RITE is entitled to recover all reasonable attorneys' fees and costs in enforcing this Plan. By signing this agreement you are agreeing to and acknowledging the fact that when you engage a RITE employee for technical assistance, advice, consulting, training, etc that you will be charged for this time either by consumption of a support package that you might have purchased or be billed at our hourly rate if you do not have a support package. f�� V Page 5 of 6 IniCial C " This agreement is between your company and RITE. By signing this you are acknowledging the terms of this agreement and that you have authority to make agreements in the name of the undersigned company. This contract can take precedence over any prior contracts with RITE made on a prior date. This contract is for the purchase of a 10 Hour Support Pack at the cost of $999.00 Printed Name: William J. Elrite Signed Name: Title: Finance Director City of Columbia Heights DBA Top Valu Liquor Company: DBA Heights Liquor Address: 590 40th Ave N.E. City/State/Zip: Columbia Heights, Mn. 55421 Email: bill. elrite @ci.columbia - heights.mn.us Date: October 28, 2010 ppease slIgn alts document, aD each page, and fax app pages to 320-230- p 7960 Thank youo Page 6 of 6 Initials • RITE • 330 Hwy 10S StCloud, MN 56304 • 320- 230 -2282 — office 320 - 230 -1796 - fax Retail Information Techn ®logy Enterproses ( Support pricing for ROTE - 2010 Per incident/hour support pricing (if you do not have a support package) - $125 per hour, billed per quarter hour rounded up. 5 Hour Support Pack $549 Equates to $109.80 per hour 10 Hour Support Pack $999 Equates to $99.90 per hour 25 Hour Support Pack $2,399 Equates to $95.96 per hour 50 Hour Support Pack $4,499 Equates to $89.98 per hour *If a specific or large number of hours are required multiple packages can be purchased *A11 prices subject to change without notice. All support packages are subject to the end user support agreement. Last updated January 2007 Simpli fying.Business Through Technology