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2017-537-E ES - ESO Solution, Inc. for EHR billing software
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2017-537-E ES - ESO Solution, Inc. for EHR billing software
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Last modified
6/25/2018 11:57:11 AM
Creation date
10/2/2017 8:39:49 AM
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Contract
Date
9/29/2017
Contract Starting Date
9/29/2017
Contract Ending Date
9/29/2018
Contract Document Type
Agreement
Amount
$47,572.50
Document Relationships
R 2017-537-E ES - ESO Solution, Inc. for EHR billing software
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\Board of County Commissioners\Contracts and Agreements\Contract Routing Sheets\Routing Sheets\2017
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DocuSign Envelope ID:5217DEC1-2EF1-4A49-AD1 F-F6CBCC3F8A9E <br /> including but not limited to,messages in the Software,messages appearing upon login to the Software or other means of <br /> broadcasting Status Update(s)to multiple customers affected by the same Error,such as a customer portal. <br /> 2.3. ESO's support desk will be staffed with competent technical consultants who have been vetted through a third-party background and <br /> criminal record check and who are trained in and thoroughly familiar with the Software and with Customer's applicable <br /> configuration.Telephone support and all communications will be delivered in intelligible English. <br /> 2.4. Normal business hours for ESO's support desk are Monday through Friday 7:00 am to 7:00 pm CT.Customer will receive a call back <br /> from a Support Representative after-hours for a Severity 1 Error. <br /> 3. ERROR PRIORITY LEVELS.Customer will report all Errors to ESO via e-mail(suppos t@esosolutions.coin or by telephone(866-766- <br /> 9471,option#3).ESO shall exercise commercially reasonable efforts to correct any Error reported by Customer in accordance with the <br /> priority level reasonably assigned to such Error by ESO. <br /> 3.1. Severity 1 Error.ESO shall(i)commence Error Correction promptly;(ii)provide an Initial Response within four hours;(iii)initiate <br /> Management Escalation promptly;and(iv)provide Customer with a Status Update within four hours if ESO cannot resolve the Error <br /> within four hours. <br /> 3.2. Severity 2 Error.ESO shall(i)commence Error Correction promptly;(ii)provide an Initial Response within eight hours;(iii)initiate <br /> Management Escalation within forty-eight hours if unresolved;and(iv)provide Customer with a Status Update within forty-eight <br /> hours if ESO cannot resolve the Error within forty-eight hours. <br /> 3.3. Severity 3 Error.ESO shall(i)commence Error Correction promptly;(ii)provide an Initial Response within three business days;and <br /> (iii)provide Customer with a Status Update within seven calendar days if ESO cannot resolve the Error within seven calendar days. <br /> 3.4. Severity 4 Error.ESO shall(i)provide an Initial Response within seven calendar days. <br /> 4. CONSULTING SERVICES.If ESO reasonably believes that a problem reported by Customer is not due to an Error in the Software,ESO <br /> will so notify Customer.At that time,Customer may request ESO to proceed with a root cause analysis at Customer's expense as set forth <br /> herein or in a separate SOW.If ESO agrees to perform the investigation on behalf of Customer,then ESO's standard consulting rates of <br /> $200 per hour will apply for all work performed in connection with such analysis,plus reasonable related expenses incurred.For the <br /> avoidance of doubt,Consulting Services will include customized report writing by ESO on behalf of Customer. <br /> 5. EXCLUSIONS. <br /> 5.1. ESO shall have no obligation to perform Error Corrections or otherwise provide support for:(i)Customer's repairs,maintenance or <br /> modifications to the Software(if permitted);(ii)Customer's misapplication or unauthorized use of the Software;(iii)altered or <br /> damaged Software not caused by ESO;(iv)any third-party software;(v)hardware issues;(vi)Customer's breach of the Agreement; <br /> and(vii)any other causes beyond the ESO's reasonable control. <br /> 5.2. ESO shall have no liability for any changes in Customer's hardware or software systems that may be necessary to use the Software <br /> due to a Workaround or Fix. <br /> 5.3. ESO is not responsible for any Error Correction unless ESO can replicate such Error on its own software and hardware or through <br /> remote access to Customer's software and hardware. <br /> 5.4. Customer is solely responsible for its selection of hardware,and ESO shall not be responsible the performance of such hardware even <br /> if ESO makes recommendations regarding the same. <br /> 6. MISCELLANEOUS.The parties acknowledge that from time-to-time ESO may update its support processes specifically addressed in this <br /> Exhibit and may do so by notifying Customer of such updates.Customer will accept reasonable updates to ESO's support procedures and <br /> any other terms in this Exhibit;provided however,that they do not decrease the level of Support Services that Customer will receive from <br /> ESO.THESE TERMS AND CONDITIONS DO NOT CONSTITUTE A PRODUCT WARRANTY.THIS EXHIBIT IS AN <br /> ADDITIONAL PART OF THE AGREEMENT AND DOES NOT CHANGE OR SUPERSEDE ANY TERM OF THE AGREEMENT <br /> EXCEPT TO THE EXTENT UNAMBIGUOUSLY CONTRARY THERETO. <br />
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