Support Services Terms & Conditions

These Support Services Terms and Conditions (as amended or supplemented, the “Support Services Terms”) govern the Support Services provided by us to you and supplement and are incorporated into and made part of each Sales Order and our Service Terms (collectively, the “Agreement”) and are acknowledged and agreed by your execution of the applicable Sales Order. Any capitalized terms used but not defined in these Support Services Terms have the respective meanings given to such terms in the Service Terms. From time to time, in our sole discretion, we may amend these Support Services Terms. Such changes will become effective upon notice to you but will not apply retroactively. By continuing to Use our Services, you agree to be bound by such amended Support Services Terms.

SUPPORT SERVICES

Subject to the SUPPORT EXCLUSIONS below, your payment of all applicable Fees, your compliance with the restrictions and responsibilities under RESTRICTIONS and RESPONSIBILITIES and the other terms of this Agreement (including any applicable Sales Order), we are responsible for and agree to, at all times during the Software Services Term (as defined under TERM AND TERMINATION) (and in the case of any non-subscription Software Services, at all times during the Support Services Term (as defined under TERM AND TERMINATION)), unless a different time period is specified in the Sales Order: (a) provide call center and internet support for the Software Services Monday through Friday (other than identified holidays), 8:30 a.m. through 5:00 p.m., Eastern Time, through the main Customer Support numbers available on our website located at www.edmundsgovtech.com or by email to support@edmundsgovtech.com; (b) respond to support calls from our customers on an as-available basis based on the criteria of first-come-first-served and relative degree of need as determined by us (in particular, emergencies will take priority over general questions); (c) make commercially reasonable efforts to resolve Software Services’ defects or errors reported by you; (d) make available, as applicable, at no extra charge to you (i) during any Software Services Term, the current version of the Software Services (excluding any non-subscription Software Services or any corrections, updates, enhancements or new releases thereof), as made generally available to other Software Services’ customers during such period; or (ii) for any non-subscription Software Services, during the Support Services Term, corrections, updates, enhancements and new releases of Software, as made generally available to other supported customers during such period; if we charge a fee for a new version of the Software Services to our supported customers, then that version will be made available to you at the same prevailing fee; (e) as applicable, replace or substantially correct (in our sole discretion) materially nonconforming installed Software that is under valid warranty during the applicable warranty period, at no charge to you (other than shipping and handling and taxes, as applicable); (f) as applicable, subject to any exclusions in these Service Terms and as set forth in the Sales Order, replace or substantially correct (in our sole discretion) malfunctioning installed Software after the applicable warranty period, at the then-current rates and prices; and (g) as applicable, subject to the terms and conditions set forth under WARRANTIES in the Service Terms, assess and repair/replace in our discretion any Third Party Materials constituting hardware supplied by us; provided, however, that we expressly disclaim and shall have no responsibility for warranty or support claims relating to: network/printer cables, power/extension cords or disposable or expendable items including printer ribbons, toner, developer, drums, tapes and battery backups.

YOUR RESPONSIBILITIES

For any application data that resides on networks managed by you, you must (a) perform regular (i.e. daily or weekly) complete database backups (including to a separate location or server to enable recovery in the event of any loss of the primary location or server), which may be achieved either through a cloud backup solution provide by us or through a local or cloud backup solution you provide and in either case must NOT be done while any Authorized Users are utilizing the Software Services; (b) if backup is provided by you, rotate and appropriately archive all media; (c) utilize and maintain a high-speed Internet connection (for which you are solely responsible); and (d) provide full (including remote) access to all equipment, software, systems and other resources requiring, or associated with, repair.

SUPPORT EXCLUSIONS

In addition to any other exceptions, exclusions or other limitations set forth in the Service Terms, our obligations during the Support Services Term shall exclude any of the following (except to the extent otherwise set forth in the applicable Sales Order): (a) any non-conformance, error, defect or other issue related to or arising from any failure to comply with any restrictions or responsibilities under RESTRICTIONS or RESPONSIBILITIES in the Service Terms or under YOUR RESPONSIBILITIES in these Support Services Terms (or any of your other obligations or responsibilities under this Agreement (including any applicable Sales Order)); (b) support of any Third Party Materials, including issues related to or arising from your or third party systems, hardware, software, networks, connections or infrastructure; (c) issues related to or arising from unauthorized installers of EGT Materials or any modification or unauthorized or improper use of the Software Services; (d) general training of your personnel; (e) Services, support or other assistance provided onsite; (f) assistance with database conversions, entry, corrections, extractions or upgrades or any set up, support or maintenance of additional production databases; (g) network or systems’ analyses, disaster recovery assistance or general operations support; (h) material Software Services configuration changes (e.g., setting up new fees, utility services, migrating/updating content for websites, etc.); (i) any provision or recommendation of internal controls or balancing of your books or accounts; (j) support of any Custom Software; (k) support and maintenance in cases where repeated operator-produced error by the same Authorized User(s) continues to occur despite notification to you; (l) support and maintenance necessitated by your failure to provide adequate internal controls to ensure accuracy and appropriate use of the Software Services and compliance with federal, state and local regulations and auditor requirements; (m) updates or enhancements to conform to any changes in local (i.e. not federal or state) government regulations, including changes in utility billing rates, reports or methods; (n) Services, support or other assistance related to or arising from any of the foregoing; or (o) travel, living or other expenses associated with any of the foregoing. Services provided by us that do not constitute Support Services will be billed at our then-current rates.