Convergeone, Inc. CSA 20230627 - Laserfiche WebLink

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Consulting Services Agreement between City of San Leandro and Last revised 06/27/2023 ConvergeOne for Infrastructure Managed Services Page 2 of 18 below, the product is provided as is. The warranty period for time and materials, implementation, installation and/or professional services deliverables will be thirty (30) days from the date on which Contractor informs City that the work is functionally complete. If City purchased full service Maintenance Service at the time of the original sale, then labor will be provided at no extra charge during the contract period, otherwise Contractor then current labor charges will apply. 1.7 Managed Services Warranty. (a) Contractor represents and warrants to City that the Managed Services will be performed in a professional and workmanlike manner by qualified personnel and in accordance with the terms and provisions of this Agreement and Exhibit A. If the Managed Services have not been so performed and if within thirty (30) days after the performance of the Managed Services City provides to Consultant written notice of such non-compliance, then Consultant, at its option, will re-perform the Managed Services, correct the deficiencies, or render a prorated refund based on the original charge for the deficient Managed Services. The warranty remedies expressly provided in this Section will be Customer’s sole and exclusive remedies for breach of warranty claims only. (b) EXCEPT AS REFERENCED AND LIMITED IN THIS SECTION 1.7, NEITHER CONTRACTOR NOR ITS LICENSORS OR SUPPLIERS MAKE ANY OTHER EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE MANAGED SERVICES. IN PARTICULAR, THERE IS NO WARRANTY THAT ALL SECURITY THREATS AND VULNERABILITIES WILL BE DETECTED OR THAT THE MANAGED SERVICES WILL RENDER ANY PRODUCT SAFE FROM SECURITY BREACHES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CONTRACTOR DISCLAIMS ALL OTHER EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 1.8 City’s Responsibility. City is responsible for the manner in which it uses the products and services provided pursuant to this Agreement, including the maintenance and security of City facilities; choice of equipment; software; related services; and all other matters related to how City uses such products and services. In the event that the products contain manufacturer’s software, City shall not resell the software or provide access to the software either directly or indirectly to third parties unless authorized to do so in an order from Contractor. City will provide all managed products and managed sites for Managed Services. City continuously represents and warrants that City is either the owner of, or is authorized to access and use, each managed product and each managed site. City, at its expense, will maintain insurance against losses to the managed products for the full replacement value of the managed products. Upon Consultant’s request, City will provide Consultant with evidence of this insurance. City will provide Contractor with all necessary access to the equipment and facilities subject to City’s normal security policies and pursuant to this Agreement. City will allow Contractor technicians to conduct a comprehensive operation and performance evaluation of any equipment provided, installed, serviced, or maintained by a vendor other than Contractor. During evaluation, City will make all equipment and services intended for use with the products and services available to Contractor technicians, including computers, auxiliary audio and video sources, and all network and telecommunications services (ex: LAN, IP and ISDN). DocuSign Envelope ID: EA0A1203-02DA-42E0-9D8C-A7B9368C06F7