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Document Preview Application Hosting Agreement |
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Title: |
Application Hosting Agreement |
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Entities: |
Insynq, Inc.; Nasdaq Stock Market Inc.; Remedy Corporation Inc.; InsynQ Inc. |
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Date: |
2000 |
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Size: |
Preview shows 4KB of 83KB total |
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Price: |
$45 |
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ID: |
#141764 |
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EXHIBIT 10.33
APPLICATION HOSTING AGREEMENT
BY AND BETWEEN
INSYNQ, INC. AND REMEDY CORPORATION
This Application Hosting Agreement ("Agreement") is made and entered into this
12th day of May 2000 ("Effective Date") by and between Remedy Corporation Inc. a
Delaware corporation with its principal offices located at 1505 Salado Drive,
Mountain View, CA 94043 ("Remedy Corporation") and InsynQ, Inc., a Washington
Corporation with its principal offices located at 1101 Broadway, Tacoma WA 98402
("InsynQ"). Remedy Corporation and InsynQ are sometimes referred to herein
jointly as the "Parties" and individually as a "Party" Remedy Corporation is
also referred to herein as a "Customer".
1. Scope of Services
----------------------
1.1 InsynQ will provide Remedy Corporation remote access to the computer
--- hardware servers controlled and owned by InsynQ (the "InsynQ Servers")
on which fully operational and stable versions of the following
software (collectively the "Software") is installed:
(a) Web Based Training
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1.2 InsynQ will provide Remedy Corporation additional services as
requested by Remedy Corporation on terms and conditions mutually
agreed upon by the Parties,
1.3 InsynQ will provide Remedy Corporation with certain hardware and
software support services, for the Software ("Support Services") as
set forth in Section 2 hereunder.
2. Access to InsynQ Servers.
2.1 InsynQ will provide Remedy Corporation with the ability to remotely
access and use the Software that is hosted on InsynQ Servers ("InsynQ
Service") as of the date that installation is completed (the
"Completion Date"). As of the Completion Date, the InsynQ Service will
be available to Remedy Corporation for 99.5% of all Scheduled
Available Time as it relates solely to InsynQ's network and host
internet access. InsynQ does not guarantee accessibility as it relates
to hardware and connectivity located at the customer's site and
outside of InsynQ's direct control.
2.2 "Scheduled Available Time" shall be defined as twenty-four hours-a-
day, seven days-a-week, excluding (1) scheduled maintenance downtime
of two (2) hours per week, which shall only be scheduled on Saturday
and Sunday; (2) maintenance downtime for specific critical Software
issues InsynQ shall contact Remedy Corporation at least 24 hours in
advance of the need for such downtime, to schedule a mutually
agreeable time to perform such maintenance; and (3) any downtime due
to Software defects, or caused by other forces beyond the immediate
control of InsynQ.
2.3 InsynQ will track the Scheduled Available Time for each calendar month
and in the event that InsynQ Service is not available for two or more
hours of the 99.5% Scheduled Available Time during the Term of this
Agreement and any applicable Renewal Period, then InsynQ will issue a
credit to Remedy Corporation in an amount equal to 50% of one day of
InsynQ's subscription service fee for each increment of two hours of
such unavailable time in that month.
2.4 InsynQ will provide Remedy Corporation with its regular maintenance
downtime schedule seven days in advance.
2.5 Taxes Remedy Corporation shall be responsible for all sales taxes,
-----
use taxes and any other similar taxes and charges of any kind imposed
by any federal, state or local governmental entity on the transactions
contemplated by this Agreement, excluding only U.S. taxes based solely
upon InsynQ's income. When InsynQ has the legal obligation to pay or
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