2004-086 Resolution - Laserfiche WebLink

Home Browse Search

? pay SBC in accordance with SBCs then prevailing rates for its services in diagnosing such excepted problems and for any repairs made pursuant thereto. SBC will perforrn its services in a professional and workmanlike manner in accordance with prevailing industry standards. SBC will make a good faith effort to secure such new, repaired, or refurbished parts as may be necessary to maintain Customer CPE. At SBC's discretion, all parts removed from Customer's system and replaced by SBC shall become SBC's property. SBC will obtain parts from the manufacturer or from secondary remarketers, in addition, where appropriate, SBC will endeavor to suggest or recommend an alternative part that will provide similar functionaCity. SBC makes no guarantee as to parts availabifity on manufacturer discontinued products. The periodic charges specified herein include alf the stated maintenance services performed at any time in connection with any Emergencies and any non-Emergencies performed during SBC's Normal Business Day. A"Normal Business Day" is defined as Monday through Friday, 8:00 a.m. to 5:00 p.m. local time ("Normal Business Hours"), exc(uding SBC's holidays. Services performed for non-emergencies outside of the Normaf Business Day or outside the scope of this Agreement will be charged on a per occurrence basis bilied in fifteen (15) minute increments with a minimum of finro (2) hours at SBC's then prevailing hourly or premium houriy rate including travel time to and from Customer's site. Customer shall also be responsible for travef and living expenses, when required. Any services performed outside of the Normal Business Day shall be perFormed within mutua!!y agreed to time periods. (a) EssentialSERV 24x7S"" Maintenance Description. (i) SBC shafl provide maintenance services, including parts, for CPE as well as any intra-building distribution cables provided by SBC in connection with the CPE fisted herein, which may include wire, terminals, protectors or cannectors. (ii) SBC's rnaintenance services shall include preventive and remedial maintenance, as required by the CPE manufacturer's specifications or by SBC. Replacement parts and products may be new or equivalent to new in perFormance. Such parts and products will be furnished on an exchange basis and the returned parts and products wifl become the property of SBC. SBC's preventive and remedial maintenance service obligations hereunder do not include, and SBC is not otherw+se obligated to provide replacement parts, software releases, second tier help desk support, updates, upgrades or mainfienance service resulting in CPE functionality which exceeds that expressly provided in manufacturers' or suppliers' specifications at the time such product was installed (including Year 2000 functionality). (iii) Customer rnay request maintenance service twenty-four (24) hours a day, seven (7) days a week by calling SBC. If Customer's problem is an Emergency, SBC will use its best efforts to respond to Customer's report of a malfunction by dispatching a technician to the site or by beginning remote diagnosis, as appropriate, within two (2) hours for PBX systems and four (4) hours for key, hybrid or any other system, and will complete the appropriate repairs as soon as reasonably practical. An Emergency shall be defined as any malfunction which leaves Customer unable to place or receive calls through the CPE, or any other failure agreed to in writing by the Parties. (iv) In the event the problem is a non-emergency, SBC shall use reasonable efforts, within ` eight (8) business hours after Customer's problem is reported, to either: (i) commence repair or replacement from a remote location; (ii) dispatch service personnel to Customer's site, or EpamainUrev8/9-7-01 /sm 7