WHEREAS IGOTCHA MEDIA provides digital signage solutions; WHEREAS the customer, in the normal course of business, requires the installation of LED, LCD or kiosks, media players and media, digital signalling software, managed digital signalling services (network monitoring, content modifications, etc.)
This preamble shall form an integral part of this Agreement and shall serve to describe the object and purpose of the Agreement.
SECTION 1. APPLICATION AND DURATION OF LICENCES
This license takes effect upon payment of the user’s rights. The customer subscribes to the services of iGotcha Media (software license, distance service contract and/or SLA) for an initial period of 36 months, from the date of signature of the contract or activation of the service. The agreement shall be tacitly renewable for 12 months on the same terms until either party terminates the contract in writing, at least 90 days before the date of renewal of the agreement.
SECTION 2. TERMS OF PAYMENT
The license agreement is payable monthly at the cost of the rental of the software and each license. All payments must be performed in IGOTCHA MEDIUM by préautorisés payments. Invoice for 100% of the material sent on the date of the order to be made within 30 days; Invoice for 100% of services sent after installation – payment to be made within 30 days.
SECTION 3. SCOPE OF THE SOFTWARE LICENCE
IGOTCHA MEDIA grants, for its sole benefit and exclusive use, a non-exclusive and non-transferable software licence as described in this contract, as well as any documentation specified in this contract. Software and documentation will be provided electronically.
SECTION 4. LIMITATION OF THE SOFTWARE LICENCE
The parties agree that it shall not attempt or permit any attempt, to reverse the engineer, decompile or dismantle any of IGOTCHA MEDIA software with a view to obtaining an interest or any information therein that is not contemplated in this agreement.
SECTION 5. RIGHTS AND SOFTWARE LICENSE
Nothing in this agreement transfers a license or right in any intellectual property. This software and any copy remain the exclusive property of IGOTCHA MEDIA.
SECTION 6. DELCARATION AND GUARANTEES
IGOTCHA MEDIA declares and bets that the software will work to direct the digital network at the proposal of IGOTCHA MEDIA. Although IGOTCHA MEDIA cannot guarantee that the software is working error-free, IGOTCHA MEDIA agrees to correct any problem related to its software that becomes known but excluding any problem related to misuse of the software.
SECTION 7. LIMITATION OF LIABILITY OF IGOTCHA MEDIA
The total liability for IGOTCHA MEDIA arising from or related to this contract is limited to the software licence fee paid by Montréal for a maximum period of 12 months.
The following guarantees apply and replace any other verbal, written, implied or legal guarantees. IGOTCHA MEDIA will not be or could not be held liable civilly, directly or indirectly. The inclusion, without limitation, of damages for loss of profits, failure to realize expected savings, interruption of activities, loss of information or other pecuniary loss, punitive or indirect damages, material, incidental, economic.
SECTION 8. PERMISSION TO DISPLAY
The customer is responsible for obtaining the permit and/or the certificate of authorization to display, if necessary in his municipality to use, install or modify display screens in the shop windows or outside.
SECTION 9. TARIFFS FOR PRODUCTS AND SERVICES
The fees for the software to be charged are set out in the proposal and are fixed for the duration of the agreement. Prices do not include tax.
SECTION 10.DATA HOSTING AND INTERNET ACCESS
Hosting your data on IGOTCHA MEDIA servers is necessary for iGotcha signalling to function properly. Accommodation costs are included in the current licence agreement. Internet access is necessary for the proper functioning of the iGotcha Signage content management solution and the customer is responsible for providing such access.
SECTION 11. SOFTWARE UPGRADE
Allows the Customer to receive, at no additional cost, major, minor or maintenance versions and new versions of the iGotcha Signage content management system developed by IGOTCHA MEDIA.
The Client declares that it has read and accepted the fees and the terms and conditions set out therein and agrees to comply with this Agreement.
SECTION 12. TECHNICAL SUPPORT
This service is provided without any additional charges Monday to Friday between 8 h and 17 h HNE. Support Monday to Friday between 8 h and 17 h HNE.
SECTION 13. SERVICE LEVEL AGREEMENT (SLA)
Guaranteed network availability: 99%
Interaction and escalation:
IGOTCHA MEDIA will make customer service available during the Client’s business hours, except under statutory holidays, Monday to Friday from 8 h to 18 h HNE
IGOTCHA MEDIA will provide a local or toll-free telephone number and a dedicated e-mail address.
iGotcha Media technical support: 1-514-448-4016 ext. 2
The following table shows the “time” corresponding to each management level.
Response time: from 0 to 4 hours of operation
Resolution time: ASAP (may vary depending on the severity of the problem and whether an on-site service call is required).
Internal escalation process iGotcha:
iGotcha Media Technical Support Team
Director of Technology (CTO)
PROBLEM MANAGEMENT AND ESCALATION PROCESS
iGotcha Media is committed to providing high quality products and support to its customers and partners. In case the customer needs to worsen a problem, the senior technical staff of iGotcha Media is ready and available to help you quickly end your problem.
When should this expertise be requested?
This request may be initiated when you are not satisfied with the level or timeliness of the service, when there is a tangible impact on your production environment, or when there is a high risk of a deficiency in your commercial operations.
What is the process to follow?
The request for superior technical expertise is initiated through your account manager. Inform him of the situation, including the actions you deem necessary with iGotcha Media.
Your Account Manager will then advise the Chief Technology Officer (CTO) who has access to a specialized team of programmers, project managers and others with the necessary skills to resolve the problem in a reasonable time.
An expert intervention will be considered closed if it meets one or more of the following requirements:
The objectives initially agreed upon have been achieved.
A satisfactory monitoring period has passed without problems.
The escalation was reviewed and an agreement was reached to reduce the level of seriousness of the case.
You have agreed that the matter is resolved.
A mutually responsible decision has been made that the matter cannot or will not be resolved, and this decision has been communicated to all parties.