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Overview
 
It is Gartman's goal to be recognized for our outstanding customer service in support of the Distribution Management Software (DMS) and related products. This recognition will be achieved through the consistent delivery of high quality products and services that meet the needs of our clients. Gartman offers post-warranty technical support on a subscription priority basis. Customers subscribing to our Software Support Program enjoy our highest priority service. In addition, products and services subject to compensation are discounted at 20 percent of current rates. Customers not subscribing to our Support Program receive our same quality service, but are subject to a deferred priority at established rates.

Gartman customers may subscribe to the Software Support Program for an initial period of one (1) year, commencing on the first day following the warranty period that applies to the Licensed Applications, pursuant to the License Agreement. Thereafter, the Software Support Agreement will automatically renew for successive periods of one (1) year unless terminated, as follows:

  • This Agreement will immediately terminate upon termination of the License Agreement;
  • This Agreement may be terminated by either party upon the expiration of the then-current term, provided at least thirty (30) days prior written notice is given to the other party;
  • This Agreement may be terminated by either party upon thirty (30) days prior written notice, if the other party has not performed in accordance with the terms of this Agreement, and the grievance has not been addressed to the satisfaction of both parties.

This Software Support Agreement explicitly defines services to be provided, methodologies for prioritizing service requests, the scope and conditions of each service, support mechanisms and problem resolution paths, roles and responsibilities, and performance objectives. It is Gartman's hope that this Agreement will serve as:

A Communication Tool. The very process of establishing a Support Agreement provides a tool to improve communications. The ongoing processes of monitoring, communicating and refining service levels foster necessary communication among our service providers and consumers.

A Conflict Prevention Tool. A Support Agreement helps set expectations. It provides a shared understanding of needs and priorities, it facilitates more easily resolved conflicts and disputes, and it is the impetus for clarifying roles.

An Objective Basis for Measuring Service Effectiveness. A Support Agreement establishes evaluation criteria, and ensures everyone is using the same criteria to evaluate service quality. It also provides for a process through which service quality can be evaluated and improvements can be identified and implemented in a continuous cycle.

Gartman has evolved a three-tiered strategy for providing support services to our customers. This strategy represents a partnership with each customer, and may involve collaboration with third party service providers. Gartman solicits customer cooperation in identifying and cultivating key contact personnel within their organizations to coordinate support efforts between customer employees, Gartman, and external service vendors. These DMS Liaisons serve as the first contact points at the customer site for DMS support and services, ensuring that Gartman's efforts are concentrated on those issues most important to each customer, that duplication of effort is minimized, and that billable services are provided with the concurrence of management. Persons serving in this capacity do not necessarily need to be information systems professionals; however, it is critical that they have some time to devote to the successful utilization of DMS and have an affinity for the application of information technologies.

Gartman provides incentives through the Software Support Program for the appointment of DMS Liaisons. These incentives include free or discounted products, services and training. Perhaps the most important incentive is the additional assistance these individuals receive toward their development as expert system users.

Under the terms of this Agreement, Gartman will support the most recent release of the Licensed Applications; however, a prior release will be supported for a reasonable period to allow the customer sufficient time to upgrade. Interim support for previous software versions will not exceed 180 days. Gartman will render the following services to customers with a current Software Support Agreement subscription:

24-Hour Support Services - Gartman will maintain a toll-free telephone hot line that allows customers to report system problems and seek assistance in the use of Licensed Applications. This toll-free number is available 24 hours per day, seven days per week, weekends and holidays inclusive.

Help Desk Services - Gartman will maintain a Help Desk capable of receiving Customer inquiries and reports of system irregularities. The Help Desk will process customer calls received via telephone, electronic mail and voice mail, and will provide first level problem resolution via telephone, when possible.

Support Programming Services - Gartman will maintain a staff of support programmers to provide problem resolution services, and will use all reasonable diligence in correcting verifiable and reproducible errors when reported to the Help Desk or other Gartman support personnel according to established procedures.

Supplementary Services - Gartman will maintain a staff of system engineers to provide system analysis, design and development services. Gartman software engineers will respond to customer requests for services outside the scope of the Support Agreement (e.g., data conversion, customized system features, training, etc.) in the form of a request analysis and quote. Services rendered in response to approved quotes are subject to compensation at a 20 percent discounted rate, based on Gartman's current fee schedule. As appropriate, Gartman will attempt to assist in the identification of qualified vendors for the provision of services outside the scope of the Software Support Agreement, and will work with customers to ensure cooperative support efforts when multiple parties are involved.

Software Upgrade Services - Gartman will provide software upgrades (error corrections, minor enhancements and new software releases) at no additional software license fee. Gartman will provide assistance in the installation and operation of each new software release at a 20 percent discounted rate, based on Gartman's current fee schedule.

Documentation and Communication Services - When updates to or new releases of the DMS system documentation are issued, Gartman will provide each DMS Liaison representing a Software Support Program subscriber with a copy of the update or new documentation. Additional copies may be obtained at a 20 percent discounted rate, based on Gartman's current documentation price list. Gartman periodically publishes newsletters or technical bulletins designed to keep its customers generally informed about the use and operation of DMS and ancillary systems, features of new software releases and enhancements, and additional support offerings. Each DMS Liaison representing a Software Support Program subscriber will receive a copy of these publications.

Training Services - Subject to space availability in regularly scheduled training sessions, Gartman will provide one (1) course per year at no charge for each DMS Liaison representing a Software Support Program subscriber (not to exceed three Liaisons per customer). Subject to space availability, customers may enroll employees in DMS training classes conducted by Gartman at a 20 percent discounted rate, based on Gartman's current fee schedule.

Strategic Planning - The definition and development of enhancements to DMS will be driven by Gartman's vision to maintain a superior system based on current technologies. The business needs of Gartman's customers are a principal factor in the direction the system takes. Further, the evaluation and refinement of support services are a critical aspect of product success. As members of the DMS Steering Committee, Software Support Program subscribers will have a direct voice in the system and service enhancement process.

Software Support Program fees are invoiced on a monthly basis for the approaching month. Direct expenses or charges for billable services are invoiced along with support fees for the previous month(s). For example, a March invoice will include support fees for April, and any charges for direct expenses incurred or billable services rendered in February (or a previous month).

Specific direct expenses the customer is responsible for reimbursing include:

  • Long distance toll charges for modem time necessary to communicate with the customer site
  • Travel, lodging and related expenses for services and support provided at a site other than Gartman
  • Purchases made on behalf of the customer (e.g., replacement hardware components, new or additional peripherals, etc.)

Documentation of these charges will be provided at the customer's request when the charges are invoiced.