2018-035 Resolution - Laserfiche WebLink

Home Browse Search

inyseniorcenter by senior centers, for senior centers Xavus Solutions LLC PURCHASE and LICENSE TERMS North Olmsted Senior Center Quote #: s-090917-4681 Page 1 of 3 The following are Xavus Solutions LLC's, terms and conditions of sale and license for hardware and software products. (Products): GOVERNING TERMS The purchase is subject solely to these Terms and those on the Quote or Estimate that accompanies this contract. No other terms and conditions in addition to, or in conflict with these Terms not separately and specifically executed by both parties as an amendment to these terms shall apply. ORDERS All orders must be in the form of a valid, unexpired Xavus Solutions LLC Purchase Agreement or Quote signed by Customer and must; a) state the Xavus Solutions LLC part numbers, descriptions and quantities of products purchased b) state the Xavus Solutions LLC quotation number, quotation date and expiration date and that the order is placed pursuant to the terms and conditions of the Xavus Solutions LLC Purchase Agreement, or words of similar effect. (Orders for software customization or Xavus Solutions LLC installation services, must also reference the Xavus Solutions LLC's Statement of Work or Quote for such services) c) be signed by an authorized representative of Customer d) include an initialed or signed Xavus Solutions LLC Purchase and License Terms (this document); Xavus Solutions LLC may reject any non -conforming Order. If Customer organization requires issuance of a Purchase Order in order to process an invoice for payment, then for an Order to be valid it must also include a completed Purchase Order signed by an authorized representative of Customer, stating the terms shown on the Xavus Solutions LLC Purchase Agreement, or words of similar effect. PRICES All prices are in United States Dollars. TAXES, FEES, AND OTHER Prices do not include any export fees, duties, OST, Sales, ISO, excise, ad valorem, property, withholding from source income or other taxes of any nature, or other taxes or fees applicable to the sale, use, license, or delivery of the equipment, software or services supplied, all of which are the responsibility of Customer. Incidental IT professional services incurred by the Customer in preparing for the installation of the MySeniorCenter system are outside the scope of this contract and are the responsibility of the Customer. DELIVERY Equipment sold and software licensed are delivered from Xavus Solutions LLC's manufacturing facility. Shipping fees are listed as a separate line item on the estimate and invoice. ACCEPTANCE of products delivered and services performed shall be upon delivery unless otherwise agreed. Customer shall provide Xavus Solutions LLC written notice of delivery and acceptance. MAINTENANCE AND SUPPORT beyond the initial 12 month period shall be available at customer's option. Maintenance and Support fee is $1,300.00 per year beginning 12 months from the initial purchase date and due annually on the anniversary of the purchase date. Maintenance and Support for the first 12 months is included unless otherwise specified. Changes to the configuration described on the accompanying estimate may increase the cost of the annual maintenance. Any increases will be clearly specified on future quotes. Current Maintenance entitles Customer to: technical support (via telephone, email, and web); generally available product updates; database back-up services; and periodic web -based refresher training (open to customers only). Hardware components are not covered as part of the Xavus Maintenance and Support. Hardware is covered by the manufacturer of the components for the duration of the manufacturer's warranty period. Xavus Solutions requires a 45 day notice of the customer's intent to cancel Maintenance and Support. Customers that cancel maintenance retain ownership of any hardware components but no longer have access to hosted software. All data will be returned at the conclusion of the final Maintenance period. Customers electing to renew after their expiration date may be subject to a reactivation fee. SPONSORS Xavus, with its Partners, reserves the right to solicit local, national and global businesses and philanthropic organizations on behalf of CUSTOMER as potential sponsors for CUSTOMER's MySeniorCenter system. In exchange for a sponsorship fee from those organizations, Xavus will place the sponsor's logo on the MySeniorCenter touchscreen at CUSTOMER location. Proceeds from the sponsorship fees will go to Xavus in exchange for the discounted purchase price of the system shown on the accompanying quote. Sponsorships will not be solicited from vice -based, religious or political organizations unless otherwise directed by CUSTOMER. In order to maintain discounted rate, CUSTOMER will leave touchscreen on and in an area accessible by CUSTOMER'S clients during normal business hours. LICENSES, PERMITS AND EXPORT CONTROL Customer will comply fully with the export control laws and regulations of the United States Government and will indemnify Xavus Solutions LLC for any claims or penalties incurred as a result of any violation of applicable United States laws or regulations. LIMITED WARRANTY AND DISCLAIMER OF WARRANTY Xavus Solutions does not warranty third party hardware and software and such items are subject to their manufacturers' warranty. Xavus will coordinate its customer's claims for warranty service and support on Xavus Solutions LLC supplied third party products with the manufacturer. Manufacturers' warranty is 1 (ONE) year from date of purchase. Xavus Solutions LLC * PO Box 55071 #30713 Boston, MA 02205-5071 * 508-613-2289 * www.myseniorcenter.com