ExperiSys, LLC - Pricing and Terms                       Effective September 1, 2005

General Terms

Agreement Required

ExperiSys requires that a Services Agreement be executed before services can begin.

Minimum Charge for On-site Visits

With the exception of simple delivery of purchased items and ESP service, ExperiSys will charge a minimum of one hour of service based on the applicable rate for the type of service being requested when a service call to the customer's location is required. 

Travel Time

If travel beyond 25 miles from ExperiSys' office is required by the customer, including for simple delivery of sales items, ExperiSys will charge a Travel Time charge of $50.00 multiplied by the actual travel time (limited to a maximum of eight hours per day) for each ExperiSys representative who is required to travel. The travel time charge is in addition to any other expenses listed under "Reimbursement of Expenses". 

Billing and Payment Terms

In general, services are billed on the fifteenth day and/or the last day of the month and include services provided since the last invoice period.  In special cases, such as large projects or at customer request, services may be billed more frequently.  Payment is due within 15 days of customer's receipt of the invoice.  Customer may select delivery of invoices by e-mail, FAX or regular mail.

Additionally, reimbursements for purchased items or services may billed when the items are delivered.  If the total amount for items or services ordered at the same time exceeds $1,000, advance payment may be required.

ExperiSys' "Normal Working Hours" are from 9:00AM to 4:00PM, Central Time, Monday through Friday, except for ExperiSys holidays.  Normal rates apply to all work performed during Normal Working Hours.  For work performed at other times, the "After-hours Premium" amount will be added to the normal rates unless otherwise agreed in advance.  For ESP Remote services or work started or resumed during Normal Working Hours that continues beyond Normal Working Hours, the After-hours Premium will not apply.  Time worked and Travel Time are billed and rounded to the nearest six-minute (one-tenth hour) increment.

Purchasing Terms

We purchase computer hardware, software, accessories, supplies and services as a convenience for our customers, not as part of our primary business strategy.  We will be happy to refer our customers to other parties whom we believe are reliable sources for these items and services although we assume no liability or responsibility for our customers’ transactions with these parties or the items or services our customers may purchase from these parties.

If our customers prefer that we purchase these items and services as their agent, we are willing to do so.  In this case, we will attempt to obtain these items at a good price, but not necessarily the best price possible, from sources that we consider to be reliable and cost effective.  We will then invoice our customers for reimbursement of our actual cost (including shipping and applicable taxes) plus a  Purchasing Service Fee in the amount of the greater of 5% of actual cost (including shipping and taxes paid) or a minimum charge of $20.00, based on the cost of all items and services ordered at the same time. 

ExperiSys does not provide any warranty or guarantee for any computer hardware, software, accessories, supplies or services which we purchase or arrange while acting as an agent for our customers.  All warranties or guaranties are provided solely by the manufacturers, developers, and original service providers of the items or services.  ExperiSys will make reasonable efforts to assist our customers, if possible, in obtaining warranty service and replacements for items ExperiSys purchases and appropriate remedies for service failures as agent for our customers.

The Purchasing Research Fee will apply when we perform significant research at our customer’s request to identify and document pricing, availability, capabilities and/or other information related to computer hardware, software, accessories, supplies and services that our customer subsequently determines not to purchase or chooses to purchase from another source.

To prevent misunderstandings, we advise our customers to request quotes from us before authorizing any purchases of items or services.  Any applicable sales tax will be calculated and collected for all sales within the State of Oklahoma.

Reimbursement of Expenses

We will invoice our customers for “out-of-pocket” expenses as soon as possible after those expenses are incurred.  These expenses include: travel expenses, meals, lodging, vehicle mileage and other incidental expenses incurred specifically for the benefit of our customers, with their knowledge and consent, travel-related expenses being reimbursable only when ExperiSys' representatives are required to travel on our customer’s behalf more than 25 miles from ExperiSys' business address.

Vehicle mileage will be charged at the applicable rate published by the IRS.

ExperiSys Service Plan (ESP) Terms

ESP Remote Support Services

The services provided for computers and other devices covered under the ESP Remote Support Services option include:

1. Monthly or Quarterly (depending on option selected) routine application of publicly released fixes, patches, service packs and updates for supported software operating systems and applications (excludes major version upgrades);

2. Monthly or Quarterly (depending on option selected) routine virus protection status checks and remediation for supported anti-virus software products;

3. Remediation of computer virus infestation not intercepted by anti-virus software;

4. Monthly or Quarterly (depending on option selected) routine spyware/adware protection status checks and remediation for supported anti-spyware/anti-adware software products;

5. Remediation of computer spyware/adware infestation not intercepted by anti-spyware/anti-adware software;

6. Diagnosis and remediation of software errors and malfunctions for supported software operating systems and applications (does not include cost or installation of replacement software, when needed);

7. Diagnosis and remediation of computer and network hardware problems (does not include cost of replacement parts or hardware items);

8. Configuration changes for network hardware devices

9. Monthly or Quarterly (depending on option selected) performance-related administrative functions including removal of unnecessary system and Internet temporary files, hard drive defragmentation, and review of available disk space;

10. Performance of ESP Remote Support Services at times other than customer’s normal working hours without involvement of customer personnel, if possible.

ESP On-site Support Services

The services provided for computers and other devices covered under the ESP On-site Support Services option are the same as listed under ESP Remote Support Services above except that services will be provided during normal ExperiSys working hours with limited involvement of customer personnel, if possible.

ESP Remote Backup Services

The services provided for computers and other devices covered under the ESP Remote Backup Services option include:

1. Routine automatic secure backup of system, software and data to a remote on-line backup server;

2. Monthly full system backup of covered computers;

3. Daily incremental backup of files changed since last monthly backup;

4. Retention of backup sets (monthly backup plus subsequent daily backups until the next monthly backup) for 1 month past the date of the last daily backup in each backup set;

5. Restore services for individual files or small groups of files;

6. Performance of ESP Remote Backup Services at times other than customer’s normal working hours with no involvement of customer personnel, if possible.

ESP Term and Commitment

Customer must initially commit to ESP services for a 12-month period (ESP Term) beginning on the effective date shown on the ESP Covered Equipment Schedule showing the items covered and options selected.  Customer may not terminate ESP services prior to the end of the ESP Term without the consent of ExperiSys.  ExperiSys may terminate ESP services upon 30-day written notice to customer.  At the end of the current ESP Term, customer and ExperiSys may continue ESP services by executing a new ESP Covered Equipment Schedule under ExperiSys’ then current terms and pricing.  Otherwise, ESP services will terminate at the end of the ESP Term.

Customer may add or delete covered items and service options to the ESP Covered Equipment Schedule during the ESP Term.  Changes requested by customer will be effective on the first of the month following ExperiSys’ receipt of customer’s request and will terminate at the end of the current ESP Term regardless of when they are added.  During the ESP Term, customer may not request changes in covered items or service options that will result in a reduction of more than 50% in the total monthly ESP service charges as shown on the initial ESP Covered Equipment Schedule for the current ESP Term.

ESP services charges will be billed monthly in advance.

All items and software not specifically purchased by customer but provided by ExperiSys as part of ESP services, whether or not separately billed, remain at all times the property of ExperiSys.  At termination of ESP services requiring said items or software, customer must grant timely access to ExperiSys personnel for the purpose of removing and/or uninstalling the items and/or software.

Supported Software Schedule

The list of supported operating system and application software products covered under the ExperiSys Service Plan is shown below:

Operating Systems

Windows 98

Windows ME

Windows 2000 Workstation

Windows 2000 Server

Windows NT 4.0 Workstation

Windows NT 4.0 Server

Windows XP Home

Windows XP Professional

Windows Server 2003

Anti-Virus Software

Symantec Norton Antivirus 2002+ (currently supported versions)

Symantec AntiVirus Corporate and Small Business Edition 7.6+ (currently supported versions)

McAfee VirusScan (currently supported versions)

Application Software

MS Office 2000/XP/2003

MS FrontPage 98/2000/2002/2003

MS Publisher 2000/2002/2003

MS Internet Explorer 6.x/7.x

Outlook Express 6.x

IBM AS/400 Client Access

Utilities/Miscellaneous

Spybot Search & Destroy

Ad-Aware

WinZip

Technical Requirements

To qualify for ESP Remote Support, On-site Support, or Remote Backup services, customer’s computer and network environment must meet the following technical requirements: 

Remote Support Services

ExperiSys will provide, install and configure remote access and control software on each covered PC and server at time of initial set-up.

Upon initial set-up for any PC or server, if ExperiSys determines that technical considerations prevent the PC or server from being supported remotely, Customer will be informed and the applicable PC or server will be removed from the Covered Equipment Schedule without charge to Customer.

Customer must provide the following for ESP Remote Support Services:

1. all covered PCs and servers must be connected to a network having a high-speed Internet connection (DSL, Cable, Satellite, etc.); ExperiSys can help Customer to obtain this service, if necessary;

2. Internet connection must be managed by a VPN-capable router for secure private connection (can be provided by ExperiSys);

3. Customer will make a good faith effort to allow ExperiSys to initially configure Customer’s network, PC and server environment to be compatible with ExperiSys’ Remote Support capabilities; if this cannot be accomplished in a manner that does not materially interfere with Customer’s ability to successfully use its equipment, Customer or ExperiSys may terminate any or all ESP Services without penalty.

4. anti-virus software acceptable to ExperiSys (see ExperiSys Supported Software Schedule) must be installed on each covered PC and server; ExperiSys can help Customer to obtain this software, if necessary;

5. PC, Server and network hardware must be, in the opinion of ExperiSys, configured appropriately to support the software applications installed on them and the purpose for which they are used;

6. Customer will supply ExperiSys all necessary PC, server, software and network user-ids and passwords required to provide ESP services;

7. Customer will grant ExperiSys physical access to Customer’s office, facility, PCs, servers, network devices and personnel during normal ExperiSys work hours for the purpose of initial set-up for ESP Remote Support Services and for provision of covered services which cannot be performed remotely for whatever reason.

On-site Support Services

Customer must provide the following for ESP On-site Support Services:

1. all covered PCs and servers must be connected to a high-speed Internet connection (DSL, Cable, Satellite, etc.); ExperiSys can help Customer to obtain this service, if necessary;

2. anti-virus software acceptable to ExperiSys (see ExperiSys Supported Software Schedule) must be installed on each covered PC and server; ExperiSys can help Customer to obtain this software, if necessary;

3. PC, Server and network hardware must be, in the opinion of ExperiSys, configured appropriately to support the software applications installed on them and the purpose for which they are used;

4. Customer will supply ExperiSys all necessary PC, server, software and network user-ids and passwords required to provide ESP services;

5. Customer will grant ExperiSys physical access to Customer’s office, facility, PCs, servers, network devices and personnel during normal ExperiSys work hours for the purpose providing ESP Support services.

Remote Backup Services

ExperiSys will provide, install and configure appropriate backup software to perform remote backup on each covered PC and server at time of initial set-up.

Upon initial set-up for any PC or server, if ExperiSys determines that technical considerations prevent the PC or server from being backed up remotely, Customer will be informed and the applicable PC or server will be removed from the Covered Equipment Schedule without charge to Customer.

Customer must provide the following for ESP Remote Backup Services:

1. all covered PCs and servers must be connected to a network having a high-speed Internet connection (DSL, Cable, Satellite, etc.) with bandwidth capacity to accommodate backup data traffic; ExperiSys can help Customer to obtain this service, if necessary;

2. Customer will supply to ExperiSys all necessary PC, server, software and network user-ids and passwords required to provide ESP Remote Backup Services;

3. Customer will grant ExperiSys physical access to ExperiSys to Customer’s office, facility, PCs, servers, and personnel during normal ExperiSys work hours for the purpose of initial set-up for ESP Remote Backup Services and for provision of covered services which cannot be performed remotely for whatever reason.

If, during the ESP Term, customer makes changes to the computer and network environment that prevent ExperiSys personnel from providing any or all of the agreed services, ExperiSys will not be responsible for providing the affected services.  However, customer will still be responsible for paying the charges for these services unless ExperiSys releases customer from this responsibility.