Continuing Support Services is Integrated Command Software's technical support and upgrade service for ICS’ EnterpriseSMS® Software. The cost is calculated from the current license fee for the currently licensed software plus variable amounts based on the agreed level of service. This number may be adjusted from year to year based on actual service experience.
Software Upgrade Services
Upgrades are planned releases of new software. An upgrade will typically 1) fix a large number of reported problems, and 2) add important product enhancements. Specific fixes and enhancements are described in the product release notes. A CSS subscription includes access to all upgrades released during the CSS subscription period at no additional cost. Every effort is made to correct as many reported problems requiring software changes in an upgrade as possible but ICS makes no guarantee that any specific problem will be fixed in any specific upgrade.
Telephone Support Services
Telephone support services during ICS business hours are a part of CSS. Those desiring more extensive telephone support should consider acquiring ICS’ 7x24 hour support. Services are provided during normal business hours at ICS’s offices in Houston, Texas. Technical support is provided only where secure VPN access to the system is available. Verbal requests for support are honored when the questions are simple but extended telephone support to walk through an analysis and repair of a problem is not. ICS reserves the right to terminate such support sessions until VPN access is available.
In all cases, proper reporting of problems is required. Problems must be entered and tracked in the customer system’s Software Problem Report capability. Undocumented problems are not guaranteed support.
Payment Terms
The CSS Subscription Period is one year in duration, paid in advance. If the base CSS subscription fee exceeds $50,000 USD, billing is semi-annually in advance. All prices are in US dollars.
Renewal of Services
Should a subscriber's CSS subscription be expired by more than 30 days, ICS charges the cumulative cost of CSS for the unsubscribed period plus the standard CSS fee. Should the system be unsubscribed for a very long period of time and not within two releases of the current production release, ICS reserved the right to apply an additional charge where needed to convert current data to the latest format.
Multi-year Subscriptions
ICS accepts multi-year subscriptions for CSS. Terms and conditions must be negotiated, with fees subject to projected inflation of product and support prices. Fees are escalated based on additions to the system.
CSS for System Software Add-ons
The initial CSS subscription period for any additional ICS software features, options, or other add-on licensed while a CSS subscription is in force will be co-terminus with the CSS subscription period then in force.
Upgrade Installation Services
Users may acquire ICS’ services to install upgrades at their site. The cost is based on the complexity of the system, the size of the system, which affect the days of work to perform the upgrade, and the cost of travel, accommodations, communications, and any reasonable direct or indirect costs of performing the upgrade.
The days on site and, where appropriate, days in preparation are charged at customary rates. Travel hours in excess of 12 are included. Where air fare may be measurably reduced by including a Saturday night stay, ICS may plan travel and work schedules accordingly. ICS does not charge for per diem, accommodations, and local vehicle rental in most US locations. Outside the Continental USA, on-site services will be quoted.
7 x 24 Technical Support
7 x 24 Technical Support may be purchased as an additional option to Standard CSS at a cost based on system size, system complexity, and the product certification status of the user’s System Administrators. Such support is billed monthly and must be paid in advance. It is not available without a current CSS subscription.
Special Service Plans
ICS will develop custom service plans to meet any user’s needs so long as they are operationally feasible and consistent with existing policy. Base CSS subscription is an essential part of any such program.
Limitations of Liability
In the absence of a properly executed software license agreement received by ICS within ten (10) working days of software activation, the LIMITATIONS OF LIABILITY provided below apply to the provision of CSS:
LIMITATION OF LIABILITY: ICS IS NOT AN INSURER BY PROVISION OF THIS SERVICE. In no event shall ICS or its suppliers be liable to the CSS Subscriber, software users, or any other person for any incidental, collateral, special, or consequential damages. These damages include, without limitation, loss of profits, customers, or good will; work stoppage, data loss, computer failure or malfunction; claims by any party other than the CSS Subscriber or any other party; or any and all other similar damages or loss, even if ICS, its suppliers, or its agents have been advised of the possibility of such damages.
In the event that, notwithstanding anything to the contrary, ICS is found to be liable to the CSS Subscriber or any user of the ICS Software Product for damages hereunder, then the cumulative damages shall in no event exceed ten (10) percent of the amount of the CSS subscription fee actually received by ICS from the CSS Subscriber for the service for the specific ICS Software Product. If such damages result from the CSS Subscriber's use of the ICS Software Product, such liability shall be limited to ten (10) percent of the CSS Subscription Fee actually received by ICS from the CSS Subscriber for the specific ICS Software Product or one thousand (1,000.00) dollars, whichever is less.
