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1.1.2 Operating Environment. Customer is solely responsible for acquiring, installing, operating and <br />maintaining the hardware and software environment necessary to access and use the Service remotely via <br />the Internet. <br /> <br />1.1.3 Changes to Service. UA may upgrade, modify, change or enhance (“Change”) the Service and <br />convert Customer to a new version thereof at any time in its sole discretion so long as such Change does <br />not materially diminish the scope of the Service, in which event Customer shall have the right to terminate <br />this Agreement upon thirty (30) days written notice to UA. During the term of this agreement, if UA upgrades <br />the version of the Service Customer is using under this Agreement, Customer will not be charged an <br />upgrade fee. Should UA offer additional optional software modules in the future that complement the <br />Software, Customer may elect to purchase the optional software modules for an additional fee; however, <br />Customer has no obligation to do so. <br /> <br />1.1.4 Help Desk. UA shall provide 24/7 Customer support in the form of a Help Desk. Customers <br />reporting issues through email will receive confirmation of the issue within a reasonable time and will receive <br />a callback the same business day if practical. The Help Desk is always subject to availability of our technical <br />staff and clause 1.1.5 below. <br /> <br />1.1.5 Uptime Commitment. <br />a. Availability. The Service will be made available to Customer and its Licensed Users twenty-four <br />hours a day, seven days a week less the period during which the Service are not available due to one or <br />more of the following events (collectively, the “Excusable Downtime”): <br /> <br />(i) Scheduled network, hardware or service maintenance; <br />(ii) The acts or omissions of Customer or Customer's employees, agents, contractors, vendors, or <br />anyone gaining access to the Service by means of a User Login; <br />(iii) A failure of the Internet and/or the public switched telephone network; <br />(iv) The occurrence of any event that is beyond UA’s reasonable control, or <br />(v) At Customer’s direction, UA restricting Customer’s and its Licensed Users access to the Service. <br /> <br />b. Commitment. Customer is responsible for promptly notifying UA in the event of a suspected Service <br />failure. For the purposes of establishing uptime herein, downtime begins upon such notification and ends <br />upon restoration of Service. Subject to Customer satisfying its obligations herein, UA guarantees that the <br />Service will be available to Customer and its Licensed Users at least 99% of the time during each calendar <br />month, excluding Excusable Downtime ("Uptime Commitment"). If UA fails to satisfy the Uptime <br />Commitment during a month, then UA will credit to Customer a pro- rated portion of the Fees in the first <br />month of the next succeeding calendar quarter following the failure. For purposes of this Section, "pro- <br />rated portion of the Fees" means the product obtained by multiplying the applicable Fees during the month <br />of the failure by a fraction, the numerator of which will be the number of hours that the Service did not satisfy <br />the Uptime Commitment, and the denominator of which will be the total number of hours during the month <br />that such failure occurred less Excusable Downtime. <br /> <br />1.1.6 Uniforms. UA’s BodyWorn Solution is the only body camera system available to law enforcement <br />that features direct integration of camera hardware into the officer’s/deputy’s uniform. As part of the multi- <br />year service agreement, UA will furnish the following allotments and services during initial project launch. <br />a. Retrofits of existing uniforms. A quantity of five (5) standard uniform garments, per BodyWorn <br />camera purchased, will be modified to BodyWorn ready status, for the purposes of product integration with <br />our camera hardware solution. UA will provide The Client with both uniform retrofit vouchers and packing <br />slip templates. Note, both uniform vouchers and accurately completed packing slips are required for all <br />retrofit requests being sent to UA for processing. Failure to provide accurate uniform information may result <br />in delays of processing The Client’s request. <br />b. Retrofits of Standard garment types. Acceptable garment installation types offered at no-additional <br />charge, as part of the initial project launch with a multiyear service agreement, include the following: <br />www.utility.com 250 E. Ponce De Leon Ave. | Suite 700 | Decatur, GA 30030 800-597-4707 <br /> <br />