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DocuSign Envelope ID: 1 F5180CC-F9F6-4D55-A9A8-581 CB73213A5 <br /> b. "Warranty Errors"are all Errors that do not qualify as Non-Warranty Errors. "Non-Warranty Errors" <br /> are Errors resulting from any of the following causes: (i)misuse, improper use, alteration or damage of the Software; <br /> (ii) operator error; (iii) incorrect data entry by Client; (iv) third-party software not part of the Software; (v) errors <br /> and/or limitations attributable to Client environment; (vi) Client's failure to incorporate any New Release previously <br /> provided to it by Innovative which corrects such Error; (vii) modification of the Software performed by Client; and <br /> (viii) technical consulting services provided by Innovative at Client's request (e.g., change orders, integration <br /> development, or configuration design and implementation), unless Client notifies Innovative of such technical <br /> consulting services problem within the applicable warranty period set forth in the governing statement of work, <br /> change order or agreement. Client acknowledges that the Software is intended for use only with the software and <br /> hardware described in the Specifications provided by Innovative from time to time, and Client will be solely <br /> responsible for its adherence thereto. <br /> 4. Complimentary and Chargeable Support. Innovative will respond to all reported Errors pursuant to <br /> Section 2 above and will use commercially reasonable efforts to resolve Warranty Errors at no additional charge if <br /> Client has purchased and is current on its payment for Maintenance and Support; however, Innovative may charge <br /> Client for such effort with respect to Non-Warranty Errors according to the following process: (i) When the Client <br /> Contact reports any Error, prior to commencing the Diagnosis for the Error, Innovative will notify the Client Contact <br /> that the Diagnosis and repair effort will be at no charge to Client unless the reported Error is determined to be a <br /> Non-Warranty Error, in which case only the first two hours of Diagnosis will be at no charge; and (ii) Innovative will <br /> then commence the Diagnosis unless instructed otherwise by the Client Contact. If more than two hours are <br /> required for the Diagnosis of Non-Warranty Errors, then such additional Diagnosis hours will be charged to Client <br /> at Innovative's then-current rate for technical services. Once the Diagnosis is complete, the Client Contact will be <br /> given the option of having Innovative proceed with repairing the Non-Warranty Error,and, if so requested, Innovative <br /> will provide an estimate of the total cost for such effort. If agreed to by the Client Contact, Innovative will undertake <br /> to repair the Non-Warranty Error and charge Client for the associated technical services performed. <br /> 5. Ticket Management and Escalation. Innovative manages all reported issues using a ticket management <br /> system, and provides an Internet portal for Clients to report issues. Clients may review the status of issues reported <br /> online. When an Error is either unresolved or not resolved in a timely fashion, the Client should contact Innovative <br /> representatives pursuant to Innovative's escalation policy made available on Innovative's Internet portal. <br />