HomeMy WebLinkAboutROCKET JONES INTERACTIVE LLC - CONTRACT - AGREEMENT MISC - ROCKET JONES INTERACTIVE LLCHosting Services Agreement
This Hosting Services Agreement (“Agreement”) is entered into as of the effective date set forth below by
and between Rocket Jones Interactive, LLC (“Rocket Jones”) and Transfort , the Customer under this
Agreement (“Customer”). BY PURCHASE ORDER OR REMITTANCE OF PAYMENT FOR THE HOSTING
SERVICES AGREEMENT, CUSTOMER AGREES TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS
AGREEMENT.
This Agreement is Effective as of:
12/1/2017
1. Services
Rocket Jones shall provide hosting and related services to Customer in accordance with the terms of this
Agreement. The hosting services to be provided by Rocket Jones are described as set out in Schedule “A”
attached hereto and incorporated into this Agreement (hereinafter referred to as the “Services”).
2. Consideration
(a) In consideration for the Services provided, the Customer agrees to compensate Rocket Jones in
accordance with the Fee Schedule as set out in Schedule “A”.
(b) Fees are due and payable in advance of each Service period. Rocket Jones shall invoice the Customer
for the Services on a monthly, quarterly, or annual basis in accordance with Schedule “A”. Fees are non-
refundable. Any payment which is not made within thirty (30) days after the date of the invoice shall be
deemed to be overdue. A 5% monthly service charge will be incurred on all overdue invoices.
(c) Customer may be required to pay an additional fee if Services lapse and are subsequently resumed.
3. Term of this Agreement
(a) The term of this Agreement shall commence on the date of this Agreement and shall continue as
specified in Schedule A, which shall optionally renew under the same terms and condition set forth
herein without further documentation being required, subject to Rocket Jones’s rights of revision as
described below, and unless and until either party terminates the Agreement in accordance with Section
10 herein (the “Term”).
4. Support for Hosting Services
Rocket Jones shall provide support related to Hosting Services via telephone and email 24 hours a day,
seven days a week (24/7). The Emergency Support phone number should be used outside of regular
Rocket Jones office hours. This support shall be limited to matters pertaining to Rocket Jones controlled
servers, Rocket Jones controlled Internet connection, Rocket Jones policies and this Agreement. Rocket
Jones does not provide technical support for any third party software, downloaded from the Internet or
otherwise acquired, and incorporated or put in use by the Customer.
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Hosting Services Agreement | Rocket Jones | www.rocketjones.com
DocuSign Envelope ID: 16FA36FB-0B58-4DF1-B0EF-CA4ABD712AEB
Prioritization of Response:
(a) Priority 1 [Urgent] - System down, inability to perform work, inability to take new orders,
significantly impacts Customer
[1 hour initial response time, updates every 2 hours, expect fix within 4 hours]
(b) Priority 2 [High] - System significantly degraded, impacts all users, some workarounds
available (but painful), can take new orders
[2 hour initial response time, updates every 4 hours, fix typically within 1–2 days]
(c) Priority 3 [Normal] - Some areas of system not working as designed, but workarounds
available, impacts subset of users, can still take orders
[1 business day initial response time, updates as required, fix typically within a week]
(d) Priority 4 [Low] - Minor system issue impacting a small minority of users.
[2 business day initial response time, updates as required, fix typically within next planned release]
5. Third Party Software Prohibited
(a) Customer is strictly prohibited from installing any third party software on Rocket Jones controlled
servers without the express written authorization of Rocket Jones.
(b) In the event that the authorized third party software disrupts a Rocket Jones controlled server, Rocket
Jones shall have the right to temporarily disable the software until the problem can be resolved.
(c) In the event that the Customer installs third party software on Rocket Jones controlled servers
without the express written authorization of Rocket Jones, Rocket Jones shall have the right to terminate
the Services without notice pursuant to Section 10 herein.
6. Disk Space
Rocket Jones will provide the amount of hard disk storage space specified in Schedule “A”. In the event
that the Customer exceeds its allotted disk space, Rocket Jones shall notify the Customer and the
Customer agrees to delete files or upgrade to a Hosting Services plan with greater resources.
7. Data Transfer Rates
The Customer shall be limited to the amount of data transfer as specified in Schedule “A”, which shall
include Web server traffic, FTP traffic and any other traffic generating program. Customer has the option
to upgrade to a Hosting Services plan with greater resources as needed (see hosting plans document for
options).
8. Back-Up Data and Disaster Recovery
(a) Rocket Jones shall back-up the Website and Customer’s data daily and retain those back-ups on site.
(b) In the event that Customer’s data is lost from Customer’s servers, Rocket Jones shall restore the back-
up data to Customer’s servers. Fees for account restoration services to be billed additionally at Rocket’s
published hourly rates. Customer may wish to mirror its data and/or its Website in another location.
(c) Rocket Jones shall not be responsible for files that cannot be recovered due to corrupt data, fires or
any other disaster or event not in control of Rocket Jones.
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DocuSign Envelope ID: 16FA36FB-0B58-4DF1-B0EF-CA4ABD712AEB
9. Customer Content
(a) The Customer acknowledges that responsibility for all content provided by the Customer to Rocket
Jones for the performance of the Services or otherwise included in the Website (the “Customer Content”)
is the sole and exclusive responsibility of the Customer and that Rocket Jones will not be held responsible
in any way for any copyright infringement or violation, or the violation of any other person’s rights or the
violation of any laws, including but not limited to infringement or misappropriation of copyright,
trademark or other property right of any person or entity, arising or relating to the Customer Content.
(b) The Customer acknowledges and agrees that Rocket Jones may elect at its sole discretion to monitor
the Customer Content. Rocket Jones shall have the right, but not the obligation, to remove Customer
Content which is deemed, in Rocket Jones’s sole discretion, harmful, offensive, in violation of any
provision of this Agreement or breaches any law.
(c) The Customer agrees to indemnify and save harmless Rocket Jones from and against all losses,
damages, actions or causes of action, suits, claims, demands, penalties and interest arising in connection
with or out of any such Customer Material provided by the Customer.
10. Termination
(a) Either party may terminate this Agreement in the event the other party is in material breach of any
provision of this Agreement upon ten (10) business days prior written notice, unless the party receiving
notice corrects the default within such ten (10) business day period.
(b) Notwithstanding the foregoing, pursuant to Sections 5, 10 and 11, Rocket Jones can immediately
terminate this Agreement and withdraw the Services in the event that in the sole discretion of Rocket
Jones, it determines that:
(i) the Customer is using or allowing, authorizing or assisting the Website to be used for illegal
purposes; or (ii) the Customer Content is in breach of any law or any right of any third party,
including but not limited to any right of copyright, trademark, or other property right of any
person or entity; or (iii) the Customer downloads or installs third party software to its Website
without the express written authorization of Rocket Jones.
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Hosting Services Agreement | Rocket Jones | www.rocketjones.com
DocuSign Envelope ID: 16FA36FB-0B58-4DF1-B0EF-CA4ABD712AEB
Schedule A - Hosting Services
CUSTOMER NAME
City of Fort Collins - Transfort
PROJECT NAME(S)
www.ridetransfort.com
CONTRACT DATE
12/1/2017
SERVICE TERM
1/1/2018 - 12/31/2018
One (1) year initial term with optional renewal every twelve (12) months.
SERVICES and FEE SCHEDULE
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Hosting Services Agreement | Rocket Jones | www.rocketjones.com
Transfort - Hosting and Hosting Support [v1]
Product Quant Unit/Mo Monthly One Time
RideTransfort.COM - Production/Development Rock | 100 1.00 $50 $50 $0
RocketCore Licence RocketCore 1.00 $25 $25 $0
Added Bandwidth (GB)0.00 $0.25 $0 $0
Migration/Implementation 0.00 $0 $0 $0
Total $75 $0
First Year Cost $900
Successive Year Cost $900
DocuSign Envelope ID: 16FA36FB-0B58-4DF1-B0EF-CA4ABD712AEB
PROJECT NOTES
★Backups: Three backup slots are executed and rotated automatically: a daily backup, a 2-7 day
old backup, and an 8-14 day old backup.
★Firewall: Rocket Jones to provide and run a firewall on the server and modify the default SSH
ports so that access to the box is limited. Access to SSH/SFTP is not provided (for security). No
Plugins that require direct access to the box via FTP/SSH are allowed.
★Excludes GIT hosting.
★Excludes software level support (see Software Support Agreement).
IN WITNESS WHERE OF the parties hereto have executed this Agreement effective this:
1st day of December, 2017
Transfort
Authorized Signatory: ______________________________
Printed Name: ______________________________
Date: ______________________________
Rocket Jones Interactive, LLC
Authorized Signatory: ______________________________
Printed Name: ______________________________
Date: ______________________________
NOTE: Please initial the bottom of each preceding page.
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Hosting Services Agreement | Rocket Jones | www.rocketjones.com
DocuSign Envelope ID: 16FA36FB-0B58-4DF1-B0EF-CA4ABD712AEB
12/13/2017
Gerry Paul
12/12/2017
Jeff Bristol
Contact Rocket Jones
!
Rocket Jones Interactive, LLC
Office Address:
Rocket Jones
204 Walnut Street
Fort Collins, Colorado 80524-2412
Mailing Address:
Rocket Jones
PO Box 2091
Fort Collins, Colorado 80522
Phone:
(970) 482-5790
Jeff Bristol, President
jeff@rocketjones.com
Jeff Shoemaker, Principal Software Engineer
shoe@rocketjones.com
Technical Support
support@rocketjones.com
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Hosting Services Agreement | Rocket Jones | www.rocketjones.com
DocuSign Envelope ID: 16FA36FB-0B58-4DF1-B0EF-CA4ABD712AEB