Amendment to Service & Maintenance Agreement 

Customer and SumnerOne, Inc. (“SumnerOne” or “Company”) are parties to an existing Service and Maintenance Agreement that describes the delivery of certain services for print devices and equipment. The existing agreement sets forth that, following the initial setup and installation of equipment, SumnerOne shall provide Network Support on a per-occurrence, time and materials basis chargeable at Company's then-applicable rates, or in some cases chargeable at a specific hourly rate set forth in the existing agreement (“Out of Support Charges”). Upon payment of the fee(s) associated with the Network Support Subscription, the following term shall be deemed incorporated into the parties’ existing Service and Maintenance Agreement and Customer shall NOT incur Out of Support Charges for the services described below. 

For the fee associated with the Network Support Subscription (“NSS”), Company shall provide ongoing network-related support for Equipment leased, rented or purchased from Company, including connection to Customer's network, identification and installation of print drivers, scanning destination configuration (e.g. scan to email, scan to folder), fax, IP addressing, other network connectivity remediation interfering with the Equipment’s ability to print or scan, installing any manufacturer recommended updates or patches, support for network-related software products that reside on the Equipment, and communication with Customer’s Network Administrator as-needed to remediate network configuration issues affecting the Equipment (together, “Network Support”). Network Support shall be provided through remote helpdesk or on-site technician service. 

Company resells and supports a wide range of Software products, including software provided with manufacturer-brand Equipment ("Base Software”), print management related Software, and other software applications sold by Company (both, "Applications Software"). Company will support Base Software functionality only as part of the Network Support Subscription. Support for Applications Software may be subject to your payment of separate licensing, annual maintenance and/or support fees and all such service and maintenance shall be described in a separate Applications Software Service Agreement, Software Support Addendum, or SOW, available from your account representative. Any issues associated with software/ applications not sold to you by Company, including its integrations with printing, scanning, print to PDF, or other print or print driver-related functions, is not covered by the NSS and shall be subject to per-occurrence charges on a time and materials basis at Company's then-applicable rates. 

To be eligible to receive Network Support, Customer is responsible for (i) maintaining active network connections for the Equipment; (ii) maintaining valid licenses to and for all servers, computers, applications and/or software systems necessary for connectivity functions (and having valid and effective support contracts for all of the foregoing and remaining compliant with its obligations under licenses and support contracts) and otherwise maintaining all of the foregoing in good working order; (iii) running supported Operating Systems (“OS”) per Microsoft’s or Apple’s published or generally accepted End of Life dates, provided said OS remain compatible with the Equipment, and performing all necessary OS updates to the computers, applications and/or servers; (iv) ensuring installation of up-to-date and effective anti-virus, anti-malware and related cybersecurity software for all applications, servers, systems, etc.; and (v) having and making available, as requested by Company, a qualified network administrator. Due to their unique nature, support for OS other than Microsoft or Apple is provided on a billable, commercially reasonable efforts basis. 

Company reserves the right to determine average usage of the NSS by objectively measuring the average volume of calls, for both remote helpdesk and on-site technician services, on a per-device basis across Company’s entire population of supported devices. If Company determines, in its sole discretion, that Customer’s use of the Network Support Subscription constitutes either Overuse, defined as greater than fifteen percent (15%) of average per-device support volume, or Excessive Use, defined as greater than twenty percent (20%) of average per-device support volume, Company shall first notify Customer and Customer shall have thirty (30) days to adjust its use of the NSS. If Customer’s usage of the NSS continues to constitute Overuse or Excessive Use, then Customer shall be subject to additional fees for such usage at Company’s then-applicable rates.

SumnerOne      

6717 Waldemar Ave    

Saint Louis, MO 63139   

United States   

Last updated July 2024