Continuing Support Services is Integrated Command Software's upgrade service for ICS’ EnterpriseSMS Software. The cost is calculated from the current license fee for the currently licensed software. All new licenses include one year of CSS support and software is not licensable without that support.
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. This calculated at an average rate of three hour per month per contract year. Those desiring more extensive telephone support should consider acquiring ICS’ 7x24 hour support. Generally, technical support to be really effective will require direct access to the system. This may be accomplished via a secure remote link over the internet or, if this is not possible, via a visit. If a visit is required, this will be accomplished at an additional cost as described under the Optional Services below.
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.
Payment Terms
The CSS Subscription Period is one year in duration, paid in advance. If the CSS subscription fee exceeds $25,000 USD, billing is semi-annually in advance. All prices are in US dollars.
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 and On-Site Support
Users may acquire ICS’ services to install upgrades at their site or to provide additional technical support. Upgrade 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. Technical support costs depend on the severity of the problem. The days on site and, where appropriate, days in preparation are charged at a special support rate. Travel days are included. Where air fare may be measurably reduced by including a Saturday night stay, ICS may plan travel and work schedules accordingly. The customer will be charged for the additional travel costs and for half of the non-working day away from the office. Customers who can support weekend access to their systems can save.
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. Users with Certified System Administrators, where a person achieves certification by achieving a 90% score on the ICS Certification Exam offered at the end of the System Administrators course, receive a lower rate for 7 x 24 hour support. Optionally, 7x24 support includes one or more site visits to perform an upgrade or inspection.
Special Service Plans
ICS will develop custom service plans to meet any user’s needs so long as they are operationally feasible.
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.
