Maintenance Service Contract
REMOTE Coverage 8x5
Coverage includes remote telephone support, remote diagnostics, troubleshooting, problem resolution, software maintenance updates/fixes.
- Product Eligibility for Coverage under this Supplement:
This description applies to Avaya and selected non-Avaya products and components that All World Communications has designated in the applicable order or associated quote sheet to be eligible for coverage and currently supported (“Supported Products”). Products and/or Applications manufactured by Avaya OEMs/Partners or Non-Avaya products and/or applications may not be covered by the same Service Level Objectives and response times. Please refer to the specific Product or Application Service Offer Definition for details.
- Coverage Hours and Elections
Standard Business Hours are 8:00a.m. To 5:00p.m. in the time zone of the covered products, Monday through Friday, excluding All World Communications observed holidays.
x Full Coverage 8x5: Provides coverage during Standard Business Hours. Requests for support outside the Standard Business Hours may be accommodated at All World Communications option and will be subject to All World Communications then current per Incident Maintenance rates.
Parts and Materials Replacement
If covered configuration includes hardware. 8x5 Remote coverage only, if it is deemed parts need replacing the standard trip charge and tech hourly rate apply as well as the cost of the hardware needed.
x Consumables (including but not limited to headsets, remote controls (TV & video), printer ribbons, back-up tapes or other blank media, wall brackets, rack mounting and other hardware kits, face plates, bezels, blank panels, designation strips, technical documentation, labels or other accessories) are not included in maintenance coverage.
x Equipment that is part of a standard configuration receives maintenance coverage as a component of a covered system.
The equipment is defined as Minor Material and may include but is not limited to internal cabling, fans, fan assemblies, transformers, embedded operating system software, power supplies, fuses & firmware.
x Service support does not include the provisioning or installation of hardware upgrades or reprogramming to add additional capabilities or functionality to the Product(s).
x Remedial repair of equipment failures due to normal wear and tear, including technician labor and parts replacement and all manufacturers provided software updates. Does not include repair or replacement of peripherals such as, but not limited to; handsets, cords, batteries, cables and adapters.
x Also includes remedial repair of gray cable/wire, connecting blocks, cross connect fields; Systimax premises distribution equipment on Client's side of common carrier network interface. EXCLUDES black cable, riser cable, and network facilities such as poles, conduits, and local access trunks and lines unless installed by All World Communications.
Avaya-licensed Software:
x Defective software media will be replaced at no charge. All World Communications will replace only the number of copies originally provided to the Customer.
x It is the Customer’s responsibility to maintain original software media. In situations where the Customer has no backup copies of Avaya-licensed Software, All World Communications will provide a backup copy of the originally licensed Software release in the event of a loss if the Software is currently a supported release. Replacement of media and any implementation services are subject to additional charges. If the lost release is not currently supported, the Customer must pay for an upgrade to a currently supported release.
Response Intervals
Response intervals define All World Communications objectives for responding to a request for maintenance support. All World Communications will use commercially reasonable efforts to commence support requests submitted to All World Communications within the times referenced in this section.
x For Hardware Products; if All World Communications deems the fault cannot be cleared remotely, interval is from the time the All World Communications Service Team identifies an on-site visit is required to the time the technician or replacement part arrives at the Customer’s site. For Software Products, interval is from the time the Customer contacts the All World Communications Services Team with an Assistance Request to the time the technician/engineer contacts the Customer.
x Hours are stated in coverage period hours. Work will be performed during the Customer’s specified coverage hours. All World Communications will attempt to clear all failures remotely before dispatching a technician to the Customer’s premises.
o Major Failures
- Within two (2) business hours for Major Failures on the DEFINITY® and Communication Manager switch. To qualify for this response interval the Customer site must be located within a certain major metropolitan area, as defined by All World Communications. This response is available during the hours of 8:00 a.m. to 5:00 p.m. in the time zone of the covered products, Monday through Friday, excluding All World Communications observed holidays. The two (2) hour response interval is not applicable between the hours of 5:00 p.m. & 8:00 a.m. or is provided if the Full Coverage 7x24 option is elected.
- Within four (4) business hours for Major Failures for Customer sites located outside the defined major metropolitan area, for non-Avaya labeled or customized software and all other products including but not limited to PARTNER®, MERLIN Legend, MERLIN MAGIX® and IP Office Integrated systems or Application OR NON-Avaya Systems or Applications. This interval is provided during the hours of 8:00 a.m. to 5:00 p.m. in the time zone of the covered products, Monday through Friday, excluding All World Communications observed holidays, or is provided 24x7 if Full Coverage 24x7 option is elected.
- Product Shipment for Major Failures – If product replacement is determined and required for a major failure by 4pm, the product will be shipped for overnight delivery.
- Minor Failures– For all other failures, response intervals are next Business Day by 5:00 p.m., provided the work will be performed during the normal Business Day, 8:00 a.m. to 5:00 p.m. in the time zone of the covered products, Monday through Friday. If product replacement is determined and required for a minor failure by 4pm, the product will be shipped for arrival within 2 business days.
Definition of Major/Minor Failures
Definitions for Software
x Major/Minor Failures: All World Communications determines whether the outage or fault constitutes a Major and Minor Failure.
The following are guidelines for classification of Major and Minor Failures:
x Major Failure: Failures that materially affect critical operations and have no acceptable workaround. Critical operations are those such as:
o complete outages of the application software that results in the loss of all processing capability or that cause significant reduction in the capability or the function of the application;
o outages of the application software that impact more than 50% of the users;
o the system is losing data, not collecting data, or the system is not processing calls as a result of the application software;
o software bugs that cause a complete system crash or significant loss of data;
o other software problems that significantly impede access or use of the software.
o Any resolution, even the resolution of a minor issue, requiring the shutdown of Customer's entire system or application will be considered a major failure and will not be subject to time and material charges if Customer is covered under the 7x24 maintenance offer.
x Minor Failure: Any failure of the system that is not included in the definition of a Major Failure; or failures that cause features or functionality to be inoperative but not materially affecting normal business operations.
Definitions Hardware
x Major/Minor Failures
Failures not otherwise caused by customers are classified as major or minor. The condition is assigned to the system when the Customer makes a request of All World Communications for maintenance assistance. The classification determines how quickly the specific problem will be assigned a resource and responded to.
x DEFINITY®, Communication Manager, Modular Messaging, Intuity, Predictive Dialer, Proactive Contact, and Supported Non-Avaya Systems such as but not limited to, SUN®*:
o Major Failure - Twenty-five percent (25%) or more of the trunks and/or stations supported by the Avaya common control unit are out of service at any time due to the failure of products provided by Avaya; the attendant console or common control processor is out of service; twenty-five percent (25%) or more of the data peripherals supported by the Avaya common control unit are out of service at any time due to the failure of products provided by All World Communications; or twenty-five percent (25%) or more of the special network capabilities supported by the Avaya common control unit are out of service at any time due to the failure of products provided by All World Communications.
- Any resolution, even the resolution of a minor issue, requiring the shutdown of Customer's entire application will be considered a major failure and will not be subject to time and material charges if Customer is covered under the7x24 maintenance offer.
o Minor Failure - Any failure of Products provided by All World Communications that is not included in the definition of a Major Failure.
x PARTNER®, MERLIN Legend, MERLIN MAGIX® and IP Office Integrated systems OR NON-Avaya Systems:
o Major Failure: Failure that All World Communications determines materially affects the operation of the Customer’s telecommunications system.
o Minor Failure Any failure of Products provided by All World Communications that is not included in the definition of a Major Failure.
CONVERSANT®, Interactive Response (IR) and Call Management Systems (CMS) and Other Supported Applications:
x Major Failure
o CMS - The system is down, not accessible by more than 50% of users and/or the system is losing data or not collecting data.
o Conversant/IR - The system is down, not accessible by more than 50% of users and/or the system is losing data or not collecting data, the System is not processing calls or 25% or more of T1 or tip/ring capacity is out of service.
x Any resolution, even the resolution of a minor issue, requiring the shutdown of Customer's entire system or application will be considered a major failure and will not be subject to time and material charges if Customer is covered under the 7x24 maintenance offer.
x Minor Failure - Any failure of the system that is not included in the definition of a Major Failure.
Outside of Coverage
Client is responsible for charges incurred when remote and/or on-site visits are requested for an All World Communications repair technician and the problem is determined to be outside of the contracted coverage period, deemed other vendor related or non-product maintenance related. On-site response time is not guaranteed outside maintenance coverage period. All World Communications Technologies, Inc. shall have no liability for failure in performance or damages due to, but not limited to; fire, explosion, water, acts of God or unauthorized use of the products.
TERMS AND CONDITIONS
All World Communications Technologies, Inc (All World Communications) and you, the customer, agree that the following terms and conditions will apply to post warranty maintenance (Services) listed on the attached agreement. In signing, both Parties agree that this Agreement has been authorized and is binding and will be in effect until terminated or cancelled as provided below.
Contract Period- This agreement shall be effective when signed by you, accepted in writing by All World Communications and existing products are certified and deemed in working condition and will remain in effect until terminated as set forth in Termination Section of this agreement. Upon expiration of the initial term, maintenance shall automatically renew for successive one (1) year terms at the current rate and under the terms and conditions in effect at the time of renewal unless either party gives the other written notice of its intent not to renew at least thirty (30) days prior to the expiration of the initial or any renewal term.
Coverage- Your Services are defined according to the options selected on the All World Communications Product Service Protection Plan agreement. Any older equipment not replaced at the time of this All World Communications Product Service Protection Plan inception, still being utilized with the equipment under this All World Communications Product Service Plan, and still covered under another manufacturer service plan will remain covered and billable under the manufacturer service plan for which the customer will be financially responsible for paying and/or cancelling at their own discretion.
You must extend coverage to all “like products,” meaning any equipment used in the system that is the same make and model as the Products covered or is a functional equivalent to those products. “Like” products purchased from a vendor other than All World Communications must be added to your Agreement to ensure coverage. These products may require certification, which will be done at All World Communications then current rate.
All World Communications shall, during the contracted period, furnish all parts and service necessary to maintain the System in good working order. All World Communications shall dispatch service personnel to the Premises to perform necessary repairs, unless All World Communications determines it is able to perform the repairs from a remote location. All World Communications shall also conduct remote diagnostic testing, when applicable. The determination to dispatch service personnel or to diagnose and attempt repairs remotely shall be at the sole discretion of All World Communications. Any replacement parts may be either new or refurbished but equivalent to new in operation. Parts will be furnished on an exchange basis, and any parts removed shall become the property of All World Communications. Also, consumables, including but not limited to, cables/cable assemblies, cords, brackets, software licensing, firmware, bezels, rack mounting and other hardware kits, fuses, batteries, handles, filters, transformers, face plates, adapters, some modules, blank panels, labels, other accessories, technical documentation or other media are not covered.
Customer Responsibilities- You agree to (i) provide the proper environment, electrical and telecommunication connections, (ii) provide access and work space, (iii) and, if applicable, host computer for reconstruction of lost or altered files, data or programs, (iv) pay all invoices upon receipt, and (v) notify All World Communications if new or additional equipment is added to the system subsequent to the effective date of this agreement.
Exclusions- All World Communications disclaims any warranty, express or implied, related to the parts and services supplied under this agreement, including, but not limited to, fitness for a particular purpose or merchantability. All World Communications is not responsible: (1) failures in the Services that result from abuse or misuse of the products being serviced;(2) Clients failure to follow All World Communications or Manufacturer's installation, operation, and maintenance instructions, including Client’s failure to permit All World Communications timely remote access to the products; or (3) any modification made to the Products by anyone other than All World Communications (including, but not limited to, attaching other equipment or materials to, programming, or loading computer software on the Products.) All World Communications may terminate this Agreement due to these types of repairs, additions, or changes made by a party other than All World Communications without refund of any fees paid by the customer. If requested by Customer, repairs necessitated by any of the above excluded causes shall be performed by All World Communications at prevailing trip/hourly labor rates.
In all situations involving performance by All World Communications under this agreement, customer’s sole and exclusive remedy is (1) to terminate this agreement by written notice to All World Communications, and (2) to receive a pro rata refund of any prepaid maintenance charges, less any sums due and owing All World Communications, including, but not limited to terms set forth in under Termination.
Force Majeure- All World Communications shall have no liability for delays, failures in performance or otherwise made impractical by reason of any: fire, explosion, power failures, pest damages, lightning or power surges, strikes or labor disputes, water, acts of God, the elements of war, civil disturbances, acts of civil or military authorities, or other causes beyond All World Communications control.
Subcontracting- All World Communications may subcontract work to be performed under this agreement but shall retain responsibility for the work.
Cancellation/Termination- After commencement of the initial or renewal term of Service, you may terminate Service coverage upon thirty (30) days written notice. Upon notice to terminate the agreement, if during the initial or renewal term, Services, (remote or onsite) were performed the client is subject to a termination charge equal to the monthly charges for twelve (12) months or the period remaining, whichever is less. Upon notice to terminate the agreement, if during the initial or renewal term, Services (remote or onsite) were not performed the client is subject to a termination charge equal to fifty (50) percent of the monthly charges for twelve (12) months or the period remaining, whichever is less.
Client agrees that All World Communications can, if any payment is not received within thirty (30) days of its due date, stop providing the Services any work under this agreement or terminate this agreement as it sees fit. Upon termination under this clause, Client agrees to pay All World Communications cancellation fees. Client agrees to reimburse All World Communications for any costs of collection, including reasonable attorney’s fees.
Non-Covered Services- All World Communications will attempt to respond to all requests for Services. If Service is required outside the stated Agreement hours, labor for such non-covered calls will be chargeable to the Customer in accordance with All World Communications Services discounted hourly trip/labor rates. This agreement will not cover troubleshooting, repair, or assisting in the resolution of issues determined to be third party service-related including, but not limited to, local and long distance carriers, ISP, not covered product, etc. Services related to these issues will be billed at All World Communications prevailing trip/hourly rate.
Entire Agreement- These terms and conditions and the All World Communications-Avaya Product Protection Plan are the entire agreement between the parties with the respect to the products and services provided hereunder and superseded all prior agreements, proposals, communications between the parties and understandings whether written or oral.
ACCEPTANCE OF CONTRACT
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Covered Systems / Components List |
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Description |
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REMOTE ONLY Coverage 8x5 Coverage includes remote telephone support, remote diagnostics, troubleshooting, problem resolution, software maintenance updates/fixes.
Equipment is not covered, if a site visit is deemed necessary standard trip charge and hourly rates apply. |
- All World Communications Services:
All World Communications will deliver covered services during standard business hours (8am-5pm). Hours used outside of Standard Business Hours will be billed at per incident hourly rates.
- Charges:
- Monthly service charge: $150.00 per location
- Manner of Calculating Additional Charges: If services are rendered outside of standard business hours, the client shall pay $150/hour for technician services, $125 trip charge if applicable, and $150/hour for remote access service (if applicable) billed in 30 minute increments
- Payment Schedule: Payments of $150 per month per location for a min of 12 months with an automatic renewal at the end of the year. Maintenance effective upon receipt of first payment
- Cancellation/Termination
The initial term of this contract shall commence on the “Effective date” and may be terminated upon thirty (30) days written notice. Otherwise, the contract shall auto-renew on an annual basis.
Equipment listed above will be covered under the Protection Plan description and in accordance with the attached terms and conditions included once all products are inventoried and verified in working order. The Service plan will commence upon execution of the agreement between both parties, certification and receipt of payment agreed upon.
Company Name: _____________________________
Print Name:_________________________________ Accepted by: Brian Murdock
Print Title: _________________________________ Print Title: Managing Partner
Signature: _________________________________
Date signed:_______________________________
Effective date: _____________________________