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Fillable Printable Maintenance Contract Sample

Fillable Printable Maintenance Contract Sample

Maintenance Contract Sample

Maintenance Contract Sample

VX4000 with AFD Premium Maintenance Contract
Page 1 of 3
Rev A 9/24/00
VX 4000 PREMIUM MAINTENANCE CONTRACT
VXServices, hereby agrees to provide the service specified herein to ("Subscriber") who hereby
subscribes to such services, pursuant to the charges, terms and conditions as set forth herein.
TERMS
This agreement shall be in effect for one (1) year. This contract will be automatically renewed for
successive periods of one year each at the prevailing rate, subject, however, to the right of either party to
terminate the contract at the end of the original or any renewal term by mailing notice to that effect to the
last known principal office of the other party at least thirty days prior to the designated termination date.
VXServices may terminate this agreement upon fifteen (15) days notice for subscriber's failure to remit
timely payments as set forth below.
SERVICES PROVIDED
Hardware Problems
If subscriber experiences performance problems withthe Equipment, subscriber must notify
VXServices's Customer Support Department by telephone or fax for verification of the problem(s) and
to arrange for service of the equipment. Standard terms are Return to Depot, where subscriber is liable
for round trip shipping costs, and VXServices is liable for all parts and labor. Where possible,
arrangements may be made to ship replacement parts and installation instructions to subscriber. If a trip
to the customer site is required the customer will incur no additional expenses for this trip. This
agreement covers the hardware listed herein by serial number.
Software Updates
VXServices will at its discretion periodically provide software updates at no additional cost to the
subscriber. The software updates may include modifications, program enhancements, bug fixes, and
new features. This section will not be interpreted to require VXServices to either develop and release
updates or customize the updates to satisfy subscriber's particular requirements. The updates will not
include any new products which VXServices decides to make generally available as a separately priced
option.
Operating System Support
VXServices will provide the first level of assistance for routine questions about system administration
and other operating system issues.
Phone Support
Phone assistance and support to evaluate and diagnose hardware or software issues will be available
from 9:00 a.m. to 5:00 p.m. MST Monday through Friday, excluding holidays.
VX4000 with AFD Premium Maintenance Contract
Page 2 of 3
Rev A 9/24/00
CHARGES
Subscriber shall pay a one time annual fee for services pursuant to this agreement. Payment is due in
advance. Prices are subject to revision by VXServices Corporation upon any and all renewals of this
agreement in accordance with the VXServices Corporation maintenance price schedule in effect at the
time of such renewals. All applicable taxes, if any, shall be borne by the Subscriber in addition to the
annual maintenance charge.
LIABILITY
VXServices shall not be liable for failure to perform its obligations hereunder, and such failure to
perform shall not constitute a breach of this agreement, when repair of the equipment is required as a
result of accident, misuse, abuse, electric current fluctuations, use of supplies or accessories that do not
meet VXServices's standards, fire, flood, or other adverse conditions damaging the Equipment at
Subscriber's premises. Additionally, VXServices shall not be liable for delays or failure to perform
under this agreement for causes beyond its reasonable control for the period of time that such causes are
enduring.
INDEMNIFICATION
Subscriber agrees to indemnify and hold VXServices Corporation, its directors, officers, employees and
agents from and against any and all liability, claims, expenses, damages, causes of action, suits or
judgments arising out of any actions of Subscriber's employees or agents.
UNAUTHORIZED REPAIR
Subscriber herebyagrees that no unauthorized repairs or attempted repairs of the equipment shall be
made bysubscriber's employees, agents, or by third parties. In the event that such unauthorized repair or
attempts to repair result in service being performed by VXServices representatives which would not
have been required in the absence of such unauthorized repairs or attempted repairs, VXServices shall
charge subscriber for such additional required service, and subscriber hereby agrees to pay such
additional service charges.
REPAIR PARTS
All parts which are removed from the equipment and replaced shall become the property of VXServices.
ENTIRE AGREEMENT, APPLICABLE LAW
This agreement constitutes the entire agreement between VXServices and subscriber, there are not
promises or representations other than as above set forth. This agreement may only be modified or
amended upon written agreement by the parties, executed by duly authorized officers or agents thereof.
The terms and conditions of the agreement are controlling and supersede any inconsistent or different
terms contained in any subscriber purchase order.
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