SERVICES AGREE MENT
This Services Agreement is entered into on r ] ("Effective Date") by and between RECTRAC, LLC d/b/a VERMONT SYSTEMS, a Delaware limited liability company having its principal address at 12 Market Place, Essex Junction, VT 05452 ("VS," "Licensor," "we," "our," or "us") and the customer identified in Section 1 below ("Customer," "Licensee," "you" or "your") (each a "Party," and, collectively, the "Parties"). This Services Agreement, including all attachments, schedules, exhibits or Addenda referenced herein, shall collectively comprise the "Agreement" between you and us. Terms not defined below shall have the meanings as set forth in Section 1 of the Terms of Service.
1. CUSTOMER INFORMATION
Customer Name_,(_Le_,,g,.__a_l E_n_ti_,ty'--'--)-------~-------+- -D_o_ln=g_B_u_sl_n_eu_ A_s___,(~lf_ap,_,p'-ll_ca_b_le__,_) _____ ~~-~ City of Merced, CA
Office Acldrass
678 W. 18th Street, Merced, CA 95340
Business Addreu (if business is located somewhere other than the office address) Customer's General Contact (for a1 mattmn cier the Agreement} General Contact Phone General Contact Email Michelle Reid (209) 385-6895 reidm@ci!Yofmerced.org
Customer's Billing Contact (forblling matters undertheAgreement) I BIiiing Contact Pt.one 1 BIiiing Contact Email Michelle Reid _{!_09) 385-6895 reidm®citvofmerced.ora
r VS Customer Lead VS Lead Phone VS Lead Email
Dave Wirtz 802-276-5447 [email protected]
2. TERM OPTIONS
Initial Term: 36 months. The Initial Term will commence on the first day of the month in which the software is implemented and will end 36 consecutive months later. This does not apply to the COLT increase.
Renewal Term(s): 12 months. Unless Customer provides written notice of cancellation at least 90 days prior to the end of the annual maintenance cycle, the Agreement will automatically renew for another 12-month term.
MIDTERM CANCELA TIONS WILL NOT BE ACCEPTED.
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Software Maintenance and Support fees are billed annually and will become effective on your choice of January 1, May 1, July 1, or October 1. Our goal is to closely align the term with our Annual Maintenance cycle. The first year's invoice will be prorated, in your favor, based on the date you select below.
Please choose from the followin g Annual Maintenance Billing Dates:
January 1
May 1
July 1
X October 1
*Note: Only the first year of the maintenance subscription will be prorated. The prorated date will be from the first day of the month the software goes live to the Annual Maintenance Billing Cycle Date you choose.
3. SERVICES & FEES
Services and Fees are set forth in Attachment 1. All Fees will be due 30 days following invoice receipt.
3.a TAX EXEMPTION. The customer needs to mark the aooropriate box □
YES Yes, we are exempt. If :ieS, !:!lease 1:1rovide a certificate or other documentation.
X
NO No, we are not exempt.
4. PAYMENT SERVICES
X
Included Customer is selecting VS to provide Payment Services and will enter into a separate Sub-Merchant Agreement with us, as the payment facilitator.
□
Not Included Customer will be handling its own payment processing and payment services on its own or through another third-party payment services provider. We consider these services to be Third-Party Services for which we are not responsible or liable.
5. HOSTING
□
Customer Is Hosting Customer is choosing to host its own data locally, on its own servers. VS is not liable for loss of Its Own Data Customer Data or any liability resulting from Customer's decision to host its own data.
X
VS Is Hosting VS is hosting Customer Data on VS-controlled servers. Terms relate to Data Hosting will apply.
Customer Data
6. TERMS OF SERVICE
Customer has received, understands and agrees to the VS Terms of Service .
7. PRIVACY & SECURITY
Customer has received, understands and agrees to the VS Privacy Policy.
8. ADDITIONAL ADDENDA
The following Addenda are included and made part of this Agreement:
2 ■ Terms of Service
■ Service Level
Agreement
■ Hosting Addendum
■ PayTrac Addendum
■ Quote No. ___ _
Customer has read, understands and agrees to the terms of the Agreement as set forth herein on this __ day of ____ , 20XX ("Effective Date").
Customer: Vermont Systems:
City of Merced, CA RecTrac, LLC d/b/a Vermont Systems
By: D. Scott McBride By: Patrick Hayden
Its: City Manager Its: President
Date: Date:
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