Omnigo | Terms and Conditions

INFORMATION TECHNOLOGIES, LLC (ITI) PUBLIC SAFETY SOFTWARE

TELEPHONE TECHNICAL SUPPORT - TERMS AND CONDITIONS

Applies to original and renewal:

Support Agreements (license purchase)
Subscription Agreements
Hosted Service Agreements

For All Agreements:

Introduction:

Support of ITI’s Public Safety Software is provided directly by the developers, Information Technologies, LLC. Technical Support personnel are available to address questions covered by our Software Support.

What is Covered:

For products covered by a current agreement, ITI will address any “how to” question specifically related to the implementation or operation of our software. We often receive questions that involve “operational” procedures. Not only are these usually very good questions, but we often determine a software configuration that meets the client’s needs.

What is Not Covered:

Our Software Support DOES NOT cover installation, setup, configuration, migration or diagnostics of your Server, PCs, Local Area Network, printers, tape drive or related systems. These issues should be addressed by your on-site System Administrator or your hardware vendor.

Software telephone technical support does not include software re-installation and/or server migration associated with infrastructure changes. These services are outside of ITI's standard software telephone technical support. ITI can provide dedicated help for these needs at additional cost.

Who Can Call:

Registered System Administrators who have completed ITI System Administration training are eligible to receive telephone technical support. ITI reserves the right to limit each client to two (2) registered System Administrators.

Support Availability / Costs:

Support is available Monday through Friday (excluding holidays), 8:00 AM - 5:00 PM central time.

After-hours telephone technical support is available at ITI’s current After Hours Support Incident Fee. This incident based fee will be charged, net 30 days, regardless of the time required. Client will have the opportunity to identify personnel who are authorized to request after-hours telephone technical support.

By requesting after-hours support, Client agrees to make payment for services provided. Client further agrees that ITI may suspend Software Telephone Technical Support or Subscription or Hosted Service in the event of any unpaid after-hours Support charges.

Support for issues not covered by our Telephone Technical Support or calls from persons other than the two (2) registered System Administrators are available for $95.00 per hour during our normal business hours and $150.00 per hour outside of our normal business hours. A purchase order may be required to obtain support for non-covered issues. A minimum of one hour will be charged for all non-covered Support calls. In the event that support for non-covered issues is not paid, ITI may immediately suspend Software Telephone Technical Support or Subscription or Hosted Service without a refund of fees paid.

Support Assistance:

Successful telephone support of any software product is a joint effort. While ITI has highly trained engineers and technicians supporting our software, it is imperative that the System Administrator has knowledge of the basic concepts of your installation, including knowledge of the Windows PC operating systems and any associated network operating system. The ability to navigate through the system, provide information to our support technicians and perform assigned tasks is essential for successful telephone support. In the event that these capabilities are not present in your System Administrator or contact person, ITI may limit the support activity to fifteen (15) minutes on any incident.

In order to provide support and software updates, ITI requires a high-speed (broadband) internet connection be available and operating. In the event the Client does not provide the required high-speed internet connection, software support and software updates will not be available.

For support purposes, ITI utilizes software web connectivity tools to connect to the Client server(s) or workstation(s). Client is responsible for ensuring that ITI has the proper connectivity and authentication to utilize these tools. A successful connectivity test will be required prior to scheduling software installation or other services. Client is responsible for all appropriate security measures including, but not limited to, an internet firewall.

All Client servers and workstations using ITI’s software must meet ITI’s minimum hardware requirements, published here. ITI will have the right to increase the minimum hardware requirements as needed to support future enhancements to the software. ITI reserves the right to refuse support involving servers and workstations that do not meet these minimum requirements. In such event, no refund of paid services will be made.

ITI reserves the right to refuse support to any Client that is behind by more than two releases of ITI’s products. In the event of such action, no refund of un-used portions of service will be made. ITI will work with the Client on a mutually-agreeable update schedule to be performed during ITI’s normal business hours.

The purpose of these policies and fees is to keep the costs of our Software Support reasonable, for you, our users. By the end-user Client taking responsibility for internal issues, along with hardware, network and operating system issues, ITI can provide Software Telephone Technical Support at reasonable prices. We appreciate your assistance with this effort.

Mobile Devices:

Use of ITI's software on any mobile device requires a mobile license. ITI provides up to two (2) Remote Desktop licenses for use by System Administrators in supporting their system.

How to Obtain Software Support:

Please be prepared to give your Agency ID Number along with your Name, Client Name, Product and Description of your question or problem.

Support Telephone Number: (866) 448-4872

Agency ID: This six (6) digit number can be found on your invoice, support renewal, or subscription renewal.

These Terms and Conditions are subject to change without prior notice. Agreements, including renewals, are bound by ITI’s current Terms and Conditions. A printable version may be requested from ITI Sales at 800-814-4843.

For Support Agreements and Subscription Agreements:

Pricing for the Computer Aided Dispatch (CAD) Software, CAD interfaces and related modules is based upon annual Incident count. Pricing for the Records Management Software, interfaces and related modules is based upon the number of sworn officers. Pricing for the Jail Management Software, interfaces and related modules is based upon the number of Jail beds configured in the software. Pricing for the ITI Framework Software and related modules is based upon the total number of users. Mobile Software is priced per computer upon which it is installed. Pricing for the Court Administration Software and related modules is based upon the number of sworn officers. Pricing for the Code Enforcement Software and related modules is based upon the city population. Client is required to provide to ITI, upon request, one or more data files from the ITI software that may be used for audit purposes. These files will not contain any proprietary law enforcement information. ITI will have the right to amend pricing at the next renewal, based upon the information collected.

Hardware / Network Responsibility:

Unless contracted separately, ITI has no responsibility for Client’s computer hardware or network system. This Agreement is for software and related services only. No hardware is included. Client is responsible for providing hardware, network and workstation operating systems and related infrastructure as required by ITI for the proper operation of the software. Note: All Enterprise Edition modules require a concurrent user license of Microsoft SQL, sold separately. This involves a server license and a client access license for each workstation.

For Support Agreements:

Client agrees to pay Annual Support for a period of twelve (12) months on a pre-paid basis. Year one begins on the purchase date of the software. ITI will not be responsible for providing support in the event that Client does not purchase annual support agreements from ITI in years subsequent to year one. Year two and subsequent years are invoiced prior to the purchase anniversary date, at ITI's prevailing support prices.

Payment:

ITI Telephone Technical Support is renewed annually. If you wish to have your support expiration date changed, please contact our sales group.

Renewal Within 90 Days of Support Expiration:

Clients who renew support (payment received by ITI) within 90 days of termination of support (grace period) may do so by paying the renewal fee only. In this event, the support renewal date will commence with the date of prior expiration.

Renewal between 90 and 180 days of Support Expiration:

Clients who wish to renew support after being expired more than 90 days but less than 180 days must:

Pay a software update fee of 12.5% of the current price of the software.
Pay the appropriate renewal fee.
Support contract will be valid for one year from date payment is received by ITI.
Renewal beyond 180 days of Support Expiration:

Clients who wish to renew support after being expired more than 180 days must:

Pay a software update fee of 25% of the current price of the software.
Pay the appropriate renewal fee.
Support contract will be valid for one year from date payment is received by ITI.
For Subscription Service Agreements:

The term of this Agreement will be ruled by the Agreement signed by both parties upon commencement of the Software Subscription Service. At the end of the term the Client, if not in default, may continue the software subscription service on a quarter-to-quarter basis at ITI’s published subscription service price(s) in effect at the time of renewal. For uninterrupted service, subsequent quarterly payments must be made prior to the termination date.

By making payment for any renewal period, Client is agreeing to the extension of the term of this Agreement. In such event, all provisions of this Agreement remain in force.

ITI will have the right to deactivate the software in the event that the Client does not perform any obligation required under this Agreement. In the event of deactivation, Client shall have no recourse against ITI for their inability to use said software.

Software Use:

All software provided under this service is for use solely by Client. Client may not provide any software or use of software to any other entity.

Training:

System Administrators must be trained by ITI. The cost for this training is separate from the subscription service and at Client’s expense. Training is available at ITI’s St. Louis, Missouri facility and at the Client’s site for additional cost. ITI encourages the head of the Client or a command staff representative to attend the System Administrator training to become familiar with the capabilities of the ITI software. During the System Administration training ITI will assist with software configuration.

Software Updates / Upgrades:

While under subscription, ITI will provide to Client any software updates or upgrades for the products included, which have become available and released for general distribution to the ITI client base.

Software Licensing:

As a result of entering into this Agreement, Client WILL NOT be acquiring any license to use the provided software beyond the term of this Agreement and WILL NOT ACQUIRE ANY OWNERSHIP of any of the software provided.

For Hosted Service Agreements:

Client must designate at least one "Site Administrator" who will be responsible for working with ITI on configuration and support issues. Up to two Site Administrators can be designated. The Site Administrator(s) must have attended ITI's web based training on all modules included in your Hosted Service.

Only Site Administrators are eligible to receive telephone technical support.

Software Licensing:

ITI's Hosted Service includes a workstation license for the number of workstations subscribed. As a result of subscribing to ITI's Hosted Service, Client WILL NOT be acquiring any license to use the provided software beyond the term of this Agreement and WILL NOT ACQUIRE ANY OWNERSHIP of any of the software provided.

Availability of Services:

ITI will have the right to cancel the availability of this service with 30 days notice. In the event of cancellation, Client’s full recourse shall be limited to repayment of any prepaid months of service.

Client agrees that this service is a low cost alternative to purchasing, installing, setting up and maintaining an in-house server and related software. As such, Client agrees that some periods of outage, without notice, will occur due to circumstances beyond ITI’s control (power, internet connectivity, hardware failure, etc.). ITI does not guarantee uninterrupted service. In the event of an outage or un-planned event at the hosting site, use of the software will be interrupted. Client is encouraged to maintain paper copies of all reports and agrees to hold ITI harmless in all circumstances involving loss of use of the software. In the event of an outage at the hosting site lasting more than 72 consecutive hours, ITI will offer a pro-rated discount for the next month of purchased service equal to the outage period.

All Client workstations using ITI’s software must meet ITI’s minimum workstation requirements published here and must be protected with an anti-virus software application (not provided by ITI) that is under a maintenance agreement to receive the most current software and pattern updates from the Client’s chosen vendor. ITI shall have the right to immediately deny access, without prior notice, to any workstation found to be inadequately protected or currently infected with any software virus, worm, spyware or similar malware. In this event, Client will be responsible for the removal / repair of the workstation and will receive no credit for lost periods of service.

Software Updates / Upgrades:

As part of this service, ITI will perform updates / upgrades to the ITI software. ITI will have the right to increase the minimum PC requirements as needed to support future enhancements to the software.

Cancellation / Termination:

Upon cancellation or termination, Client shall remove all ITI software from their workstation(s).

Access to Data After Cancellation / Termination:

Upon request, and for a period of 30 days after cancellation / termination of service, Client may request an electronic copy of their data (Database Archive) by paying a Database Archive fee of $ 299.00. ITI will provide the archive on CD or DVD media in Microsoft SQL Server backup form. After this 30 day period, all Client data will be purged from ITI’s system and will not be recoverable. Note: SQL Server backup form includes copies of the database tables and not printable data that can be utilized through conventional means such as a word processor. A database conversion by a qualified programmer or database administrator would be necessary to import this data into other software. These services are not provided or available from ITI.

rev. 3/21/2014

Terms and Conditions

INFORMATION TECHNOLOGIES, LLC (ITI) PUBLIC SAFETY SOFTWARE

TELEPHONE TECHNICAL SUPPORT - TERMS AND CONDITIONS

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