Software License and Services Agreement; ELEMOS Software - AMCS Group, Inc.

Home Browse Search

AMCS Prepared for: The City of South Bend Approved Procedure for Reporting Downtime 1. Your identified master administrative user must report a Claimed Downtime by opening a ticket on the AMCS Customer Portal within 7 days following the end of the Claimed Downtime. The ticket must include Service type, dates and times of the Claimed Downtime, error messages received (if any), contact information, and a full description of the interruption of Service. 2. AMCS will review each Claimed Downtime against Verified Outages. 3. AMCS' determination of the outage is final. 4. Customer agrees to continue to make payment in full for the Service while a Claimed Downtime is being reviewed. 5. AMCS will communicate the review findings to you through written submission. AMCS Cloud Environment Commitment Exclusions Qualified downtime does not apply for periods during which the Service is not available for the following reasons: 1. AMCS is performing system upgrades, enhancements or routine maintenance which has prior approval from the Customer ("Scheduled Maintenance"); 2. Issues relating to upkeep of Customer Data performed by Customer _ 3. Problems with Customer access to the Internet; 4. System administration, commands, and file transfers performed by you or your representatives; 5. Events described in the Force Majeure provision; 6. Suspension of Customer access to the Service as provided in the Agreement; 7. Problems caused by your use of the Service or any Customer User's use of the Service, where the defined business process is not followed; 8. Problems arising from Customer's third party software or applications 9. Problems caused by hardware provided by Customer, 10. Scheduled obligations relating to hardware replacement and hardware upgrades; AMCS is proud to state that there has been 0.0% downtime in the preceding 24 months. It is believed that the City of South Bend has experienced 100% uptime since its inception as a client in the AMCS Cloud Environment. ® AMCS Page 6 of 7 Proposal #02022017-003MH Con0dentlal and Proprietary Information V4.4 03/06/2015 4847-7359-7190 1