Nvelup Help Desk Contract For Best Plan Services
This Independent Professional Services Contract (the “Agreement”) is made and entered into on , between Nvelup Consulting, Inc. dba Nvelup Help Desk, a Washington corporation (“Nvelup Help Desk”) and , a (“ ” or “Client”).
Nvelup Help Desk Liaison:
Alternate Nvelup Help Desk Liaison:
Nvelup Consulting, Inc.
PO Box 2962
Woodinville, WA 98072
Nvelup Help Desk:
Definitions of Nvelup Help Desk terminology used within this agreement are provided in Addendum 1 – Definitions of Terminology.
Hours Included Per Month
Per Hour Overage Rate
This amount reflects the effective monthly fee. The Basic service plan is billed annually at $110,400( $9,200 x 12).
All Nvelup Help Desk service plans allow for unlimited calls for help, a defined Response Time, a stated number of Included Service Hours per month and a stated Overage Rate for Overage Hours (service hours incurred in excess of your monthly plan). Included service hours are limited to monthly use and unutilized hours do not accumulate throughout the term of your plan. A credit for unused hours will accrue for a term of 6 months for Service Hours not utilized within a given month by Client.
Initial, where indicated, the Best Service Plan you authorize Nvelup Help Desk to provide for the service term stated in this agreement and at the rates listed above in Section 4, Nvelup Help Desk Rate Schedule. By initialing the service plan below, you affirm that you have read Addendum 1 – Definitions of Terminology and that you understand and agree to the service plan. The following table lists the services associated with the Best Service Plan.
Best Service Plan
Business Hours: 8am – 5pm PST
Included Service Hours per Month: 80 Hours
Minimum Hours per Call: .5 Hours
Response Time: 2 business hours (unscheduled help)
Client-defined service schedule (on demand help)
Overage Rate: $ 135.00
Named point of contact
Critical email routing
Critical call routing
Critical help ticket escalation
Unlimited calls for help requests
Self-service help ticket creation
Auto-generated help ticket via email
Client initiated online help via Nvelup Help Desk Live Chat
Oracle Service Request management
Up to full-time administration support
Late Fees. Payments not received by Nvelup Help Desk within the agreed upon payment terms shall incur a $25 late payment fee and accrue interest at 12% per annum on the unpaid balance. If this Services Contract is placed for collection, Client agrees to pay reasonable attorney’s fees and costs of collection. At the option of Nvelup Help Desk, the venue of any suit for collection shall be King County, Washington. Payment is not considered contingent or held to any milestone test or client acceptance. Each invoice will be paid in full, not subject to any retainers.
Taxes. Client agrees to pay all sales tax, use tax, value-added tax, excise tax or other taxes imposed as a result of services provided to Client hereunder.
Payment Options. Initial, where indicated, the payment option to which you agree to pay Nvelup Help Desk. By initialing one of the payment options below, you affirm that you understand and agree to the terms and payment methods associated with the payment option you select.
Payment Option 1 – ACH Payment
Payment Option 2 – Credit Card Payment
Payment Option 3 – Check Payment Method
7.1 . Intent. The intent of the Nvelup Help Desk services offering is to provide the Client with help and assistance in completing tasks and duties that are part of the normal and ordinary course of business for an Oracle EPM application administrator, collaborative application user or application end user. Nvelup Help Desk service plans are not intended for, nor do they cover in any form, tasks that are the normal and ordinary course of business for an Oracle EPM Nvelup Help Desk, developer or those tasks which are typically associated with an EPM application implementation. Nvelup Help Desk services do not include technical services for software issues, configuration issues and any other server and software issue typically managed by a system administrator, server administrator or other skilled technical professional.
7.2 . Exclusions. Nvelup Help Desk service plans exclude: project management, requirements gathering, application design or architectural work, building new applications, migration of development or test applications or EPM objects between environments or any help or assistance not directly associated with a current production application. With the exception of Best and Better Service Plans, Nvelup Help Desk service plans also exclude development of EPM objects independent of Client’s direct contribution to development efforts.
8.1 . Client Authorization. Client shall provide to Nvelup Help Desk a list of all persons authorized by Client to request services from Nvelup Help Desk on behalf of Client.
8.2 . Client shall be responsible for payment of all service fees incurred as a result of help requests made by authorized persons on behalf of Client.
9.1 . Help Request Resolution. Client understands that engaging Nvelup Help Desk does not imply, warrant or guarantee a resolution to any client help request. Nvelup Help Desk personnel shall assist the client in the attempt to remedy all existing help requests. Remedies may include but are not limited to Nvelup Help Desk directly engaging Oracle Support on Client’s behalf to obtain information and resolution options for known bugs and issues where a solution may not be available for Client’s existing environment.
9.2 . Nvelup Help Desk warrants that the Services will be provided by qualified, competent personnel and in accordance with generally accepted industry practices.
9.3 . Nvelup Help Desk makes no other warranties, express or implied, including without limitation any implied warranties and resolutions of merchantability or fitness for a particular purpose.
10.1 . Service Start Date:
10.2 . Service Term: twelve (12) months
10.3 . Auto Renewal. The service term shall be automatically renewed at the end of the current Service Term for a successive twelve (12) months unless either party gives written notice of its intention not to renew at least thirty (30) days before expiration of the current Service Term. The Service Term shall not renew more than one (1) time for a total of two (2) consecutive Service Terms or twenty-four (24) months.
10.4 . Termination for cause. Either party may terminate this Agreement if the other party materially breaches this Agreement and such breach has not been cured within thirty (30) days after written notice thereof.
10.5 . Client Obligation for Payment. If Client does not pay the monthly service plan fees or overage fees according to the payment terms of this agreement, or if Client terminates this agreement without cause, or if Client is more than thirty (30) days late on any payment, or if client is late on payments on more than one occurrence during the Service Term, then the sum of the monthly service plan fees for the remaining service term months plus a ten percent (10%) penalty shall be due and payable to Nvelup Help Desk by the Client immediately.
10.6 . Cessation of Services. If client is late on payment of fees, Nvelup Help Desk, at its sole discretion, may temporarily cease to provide services to Client during any period of time when payment is late. Client shall remain bound by all terms of this agreement whether or not Nvelup Help Desk ceases to provide services during any period of time when payment is late. Client shall not be entitled to a credit of time or reduction in fees as a result of any cessation of services because of Client’s late payment status, providing Nvelup Help Desk commences services upon receipt of full payment.
During the term of this Agreement and for a period of twelve (12) months following termination of this Agreement, Client agrees not to employ or caused to be employed any person who is or was an employee of the Nvelup Help Desk during the period of time in which Nvelup Help Desk was performing services under this Agreement or for the period of twelve (12) months following termination of this Agreement. During this time period, Client shall not solicit or induce any employee of Nvelup Help Desk to leave employment by Nvelup Help Desk. In the event Client breaches this provision, Client agrees to pay Nvelup Help Desk a sum equal to one and one-half (1½) times the employee’s gross salary compensation as liquidated damages for violation of this provision.
Nvelup Help Desk and Client acknowledge and agree that Nvelup Help Desk is an independent contractor and that neither Nvelup Help Desk nor any agent, employee, or representative of Nvelup Help Desk shall be deemed to be an employee of Client, nor is it intended that any agency relationship, joint venture, or partnership be established, expressly or by implication, between Nvelup Help Desk and Client. Client shall not make any adjustments to amounts to be paid to Nvelup Help Desk for employee taxes, including federal and state income taxes, FICA, FUTA and any other employment related taxes. Reporting and payment of these employment taxes shall be the sole responsibility of Nvelup Help Desk.
It is understood and agreed that the results of the work being performed by Nvelup Help Desk is for the sole and exclusive use of Client and that as between the parties, Client shall be deemed the sole and exclusive owner of all right, title and interest therein, including all copyright and proprietary rights relating thereto.
This Agreement shall be binding upon, and shall inure to the benefit of Client and Nvelup Help Desk, and their respective representatives, successors and assigns.
The construction and interpretation of this Agreement shall at all times and in all respects be governed by the laws of the State of Washington. At the option of Nvelup Help Desk, the venue of any suit for collection, breach or otherwise shall be King County, Washington.
The provisions of this Agreement shall be deemed severable and the invalidity or unenforceability of any one or more of the provisions hereof shall not affect the validity and enforceability of the other provisions hereof.
Any notice required to be given hereunder shall be sufficient and deemed given when in writing, sent by certified or registered mail, return receipt requested, first class postage prepaid, to the addresses of the Nvelup Help Desk and Client identified under paragraph 1 above.
This Agreement contains the entire agreement and understanding by and between Nvelup Help Desk and Client with respect to the services herein referred to, and no representations, promises, agreements, or understandings, written or oral, not herein contained, shall be of any force or effect. No change or modification hereof shall be valid or binding unless the same is in writing and signed by the party intended to be bound. No waiver of any provision of this Agreement shall be valid unless the same is in writing and signed by the party against whom such waiver is sought to be enforced; moreover, no valid waiver of any provision of this Agreement at such time shall be deemed a valid waiver of such provision at any other time.
Client shall pay Nvelup Help Desk for services rendered at the rates described in Section 4 for the Essentials Service Plan initialed by client in Section 5 and in accordance with the payment terms selected by Client in Section 6. Agreed by the authorized representatives of the parties. The effective date of this Agreement shall be the date of Client’s signature below.
Nvelup Help Desk
CEO and Founder
Call: Client interaction with Nvelup Help Desk by means of: phone calls to Nvelup Help Desk, Nvelup Help Desk Live Chat or email to Nvelup Help Desk.
Central Point of Contact: Nvelup Help Desk phone number and email address provided in the Nvelup Help Desk Contract for Services.
Client-defined Service Schedule: A mutually agreed upon pre-defined support calendar when Nvelup Help Desk is available on demand and response times do not apply.
Critical Call Routing: Automatic assignment to critical help ticket category for incoming phone calls.
Critical Email Routing: Automatic assignment to critical help ticket category for incoming email to Nvelup Help Desk.
Critical Help Ticket Escalation: Automatic high priority escalation for Help Tickets.
Development Application: Oracle Essbase, Hyperion Planning or HFM application residing in a development environment.
Environment(s): Hardware and software required to support a functioning EPM application, e.g. Production Environment, Development Environment, Test Environment.
EPM: Oracle Hyperion Enterprise Performance Management (EPM) software solution.
EPM Objects: All ancillary functions and features associated with Oracle EPM including, but not limited to: Essbase calculation scripts, Member Formulas, MDX calculations, Planning and Essbase Business Rules, HFM Rules, Financial Reporting Studio reports, Web Analysis reports, Essbase Report Scripts, Essbase Load Rules, Planning Outline Load Utility, Oracle Data Integrator (ODI) projects, Planning Web Forms, HFM Web Forms, Financial Data Quality Management (FDM) applications, Planning Task Lists, HFM Task Lists, Planning Workflow, Planning SmartView Forms, Essbase Add-in reports & templates, SmartView reports & templates, Meta Outlines, OLAP Models, Essbase Partitions and scheduled routines, batches, Snapshots, and Workbooks.
Help Ticket: Unique tracking identifier assigned to each help request.
Included Service Hours: The number of service hours included with the service plan monthly fee.
Minimum Hours Per Call: The minimum service time logged per call.
Named Point of Contact: Individual Nvelup Help Desk professional.
Priority Call Routing: Automatic assignment to priority help ticket category for incoming phone calls.
Priority Email Routing: Automatic assignment to priority help ticket category for incoming email to Nvelup Help Desk.
Priority Service Request Escalation: Automatic priority escalation for Help Tickets.
Production Application: Fully functioning Oracle Essbase, Hyperion Planning or HFM application residing in a production environment and in current use by Client’s user base.
Oracle Service Request Management: Initiation, communication, and coordination of Oracle Service Requests on Client’s behalf with Oracle’s technical support team.
Overage Hours: Service hours incurred in excess of your monthly service plan
Overage Rate: Amount charged per hour for Service Hours in excess of “Included Service Hours”.
Rate: Amount charged per hour for services.
Resolution: Determining the next course of action or solution for a Client inquiry or issue.
Response Time: Time required for Nvelup Help Desk personnel to respond to the initial service request or inquiry.
Service Hours: Time dedicated to providing Nvelup Help Desk services.
Test Application: Oracle Essbase, Hyperion Planning or HFM application residing in a test environment.
Unlimited Calling: No limit to the number of Client initiated requests for Nvelup Help Desk services.
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Document Name: Nvelup Help Desk Contract For Best Plan Services
Agree & Sign