Common use of Support & Maintenance Clause in Contracts

Support & Maintenance. (a) Contractor shall provide to Authority a toll-free telephone number or email address dedicated to Authority for the reporting of Product and/or Service maintenance and support issues. The toll-free number will supplement any online system Contractor may have. This maintenance/incident reporting telephone number must be staffed to receive trouble reports twenty-four (24) hours per day, seven (7) days per week, three hundred and sixty five (365) days per year, and must be adequately staffed at all times of the day. Contractor may also provide an internet-based, secure portal for Authority to report trouble and track maintenance in addition to other methods described in this Contract. (b) Contractor shall identify a Single Point of Contact (“SPOC”) for all maintenance issues regarding the Services, and shall serve as the single point of contact and coordinator of the maintenance. The SPOC will be identified in the technical proposal. (c) Contractor shall endeavor to provide at least thirty (30) days’, but shall provide no less than ten (10) days’, advance notice of any scheduled maintenance that could materially impact any Service. Authority may require reasonable rescheduling of maintenance if it reasonably believes that such maintenance may materially and adversely affect its operations. Contractor shall provide Authority with as much advance notice as practicable under the circumstances before performing any non-scheduled or unplanned emergency maintenance affecting the Services, but shall not delay such maintenance because of the notice requirement. Contractor shall conduct maintenance to minimize the impact on Authority and shall, at Authority’s request, reschedule Service- affecting maintenance or upgrades to avoid critical time periods that the Authority identifies in writing to the extent feasible in connection with time sensitive maintenance. Contractor shall be responsible for maintaining Contractor equipment, wherever located. (d) Contractor shall make available to Authority, at no additional charge, those Improvements that Contractor makes available to any of its customers without additional charge. Contractor shall notify Authority as far in advance as feasible of any proposed Improvement. Contractor shall not, without Authority’s written consent, knowingly implement any proposed Improvement that would require significant changes to Authority’s facility(ies), system(s), or equipment; materially and adversely affect Authority’s ability to fully utilize an affected Product or Service; or result in an increase in Authority’s total payments for an affected Product or Service. The Products and Services will continue to meet all applicable Specifications and Service Levels, except as otherwise explicitly agreed by Authority in writing, after the implementation of an Improvement. (e) Contractor will ensure that adequate daily and periodic data backup is performed in accordance with Contractor’s backup policy to prevent any loss of data. At the Authority’s request, Contractor shall retain all user data for a period of up to one (1) year following termination or expiration of this Contract in order for the Authority to retrieve it. (f) Contractor will provide Authority with no less than twelve (12) months’ prior written notice of any termination or discontinuation of the Products or Services (“End of Life Notice”). Within thirty (30) days after such End of Life Notice, Contractor shall provide to Authority a transition plan describing the process and steps Contractor will take to transition Authority to the new or replacement Products or Services prior to the effective date of termination or discontinuation of the Products or Services. Contractor will continue to make available to Authority all maintenance and support Services for such Products or Services for a period of twelve (12) months after the actual date of termination or discontinuation of the Products or Services. (g) Contractor shall, if requested, propose service level guarantees and credits for delays and interruptions (e.g., outages and performance failures) pursuant to this Contract. Contractor shall provide the Services in accordance with the Service Levels.