[debian-edu-commits] [Debian Wiki] Update of "DebianEdu/Documentation/en/ITIL/AppendixA" by PetterReinholdtsen

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Wed Aug 19 07:51:04 UTC 2015


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The "DebianEdu/Documentation/en/ITIL/AppendixA" page has been changed by PetterReinholdtsen:
https://wiki.debian.org/DebianEdu/Documentation/en/ITIL/AppendixA?action=diff&rev1=26&rev2=27

Comment:
Update from git.

   * Appendix 5 - General provisions
   * Appendix 6 - The proxy Persons
  
- The agreement is valid from the signing date and a minimum of 12 months from The Delivery date. The agreement is then renewed automatically for periods lasting 12 months unless one of the parties in writing, three months before the expiry of a contract period, has denounced The Agreement.
+ The agreement is valid from the signing date and a minimum of 12 months from The Delivery date. The agreement is then renewed automatically for periods lasting 12 months unless one of the parties denounces the Agreement in writing, three months before the expiry of a contract period.
  
  The contract is signed in two - 2 - copies, and each of the parties keeps one - 1 - copy.
  
@@ -64, +64 @@

  
  ==== 2. Machine requirements ====
  
- The Customer shall before the Delivery day have installed and tested that the equipment operates satisfactorily.
+ The Customer should have installed and tested that the equipment operates satisfactorily before the delivery day.
  
  ==== 3. Program requirements ====
  
- The customer shall, before delivery day, having installed Skolelinux / Debian Edu and got a verified, satisfactory functioning installation.
+ The customer shall, before delivery day, have installed Skolelinux / Debian Edu to get a verified, satisfactory functioning installation.
  
  ==== 4. Communication requirements ====
  
@@ -78, +78 @@

  
  When all the above requirements are met, the customer shall notify the contractor, in writing or by e-mail, that the ICT-system is prepared for the contractor for delivering operating performance.
  
- A list of all the users of the system including full name, username and wanted password should be sent electronically to The Vendor at the latest together with this message.
+ A list of all the users of the system including full name, username and wanted password should be sent electronically to the Vendor at the latest together with this message.
  
  === Appendix 3 - The Vendor's obligations ===
  
  ==== 1. Delivery day requirements ====
  
- The supplier shall, after receiving notification from the customer in accordance with Appendix 2, paragraph 5, as soon as possible facilitate that The Customer can take the operating delivery in use. Delivery date shall be no later than 4 weeks after such notice is received by the supplier.
+ The supplier shall, after receiving notification from the customer in accordance with Appendix 2, paragraph 5, as soon as possible facilitate that the Customer can take the operating delivery in use. Delivery date shall be no later than 4 weeks after such notice is received by the supplier.
  
  ==== 2. Information to The Customer ====
  
@@ -110, +110 @@

  ||Extending disk partitions||x||||||
  ||Operation and monitoring of firewall||x||||||
  ||Operation and monitoring of network||x||||||
- ||Deleting prints stuck in the queue requested of the ICT administrator||x||||||
+ ||Deleting print jobs stuck in the queue at the request of the ICT administrator||x||||||
- ||Monitor to ensure backup copies are taken||x||||||
+ ||Monitoring to ensure backup copies are taken||x||||||
  ||Data deletion under request from the ICT administrator||||x||||
  ||Replacing backup medium and storing backup copies||||||x||
  ||Restore with a security backup, at the request of the ICT administrator.||||x||||
  ||Set up new printers and printer queues||||(x)||x||
- ||Stopping and restarting the printer queues at the request of The ICT administrator||x||||||
+ ||Stopping and restarting the printer queues at the request of the ICT administrator||x||||||
  ||Stopping hanging processes on the server as a result of application errors||x||||||
  
  ==== 4. Response time requirements ====
@@ -133, +133 @@

  
  The compensation for operating performance is calculated on the basis of the number of workstations on the network. The agreement includes a minimum of 60 workstations. Customer shall pay the supplier 900 NOK per year, excluding Moms(VAT) in compensation for operating performance, ie 4,500 NOK (ca. 390 £) per month excluding Moms (VAT) for 60 workstations.
  
- If the number of workstations change the customer shall give the supplier a written notice thereof with the corresponding dates for the change. Adjustment of the billing basis with a possible recalculation will, be included in the next invoice
+ If the number of workstations changes the customer shall give the supplier a written notice thereof with the corresponding dates for the change. Adjustment of the billing basis with a possible recalculation will be included in the next invoice
  
  ==== 2. Consultant support ====
  
@@ -141, +141 @@

  
  ==== 3. Payment conditions ====
  
- Compensation for operating benefits are billed in advance for each quarter. For the first quarter bills from delivery date and even the end of the current quarter.
+ Compensation for operating benefits are billed in advance for each quarter. For the first quarter billing starts from the delivery date and runs until the end of the current quarter.
  
  Compensation for consultancy is billed as after-payment on the basis of agreed and work performed.
  
@@ -149, +149 @@

  
  ==== 4. Price regulation ====
  
- Prices may be adjusted every year with the increase in the national consume price index (SSB CPI). This can take place the first time one year after signing the agreement.
+ Prices may be adjusted every year with the increase in the national consumer price index (SSB CPI). This can take place for the first time one year after signing the agreement.
  
  === Appendix 5 - General provisions ===
  
@@ -157, +157 @@

  
  General
  
- The parties shall cooperate to achieve the most efficient implementation of the Agreement. Both parties may, in writing, summon another to meet with five business days' notice to discuss matters arising in connection with the implementation of the Agreement. The parties are obliged, without delay, to notify each other about matters that they understand or should understand may affect the implementation of the Agreement. Such notification does not relieve the parties from the responsibilities resulting from the Agreement.
+ The parties shall cooperate to achieve the most efficient implementation of the Agreement. Both parties may, in writing, summon one another to meet with five business days' notice to discuss matters arising in connection with the implementation of the Agreement. The parties are obliged, without delay, to notify each other about matters that they understand or should understand may affect the implementation of the Agreement. Such notification does not relieve the parties from the responsibilities resulting from the Agreement.
  
  The suppliers duties
  
@@ -165, +165 @@

  
  Customer duties
  
- Customer shall pay the agreed compensation. Customer must assist the supplier so that the supplier will not be delayed or otherwise prevented from fulfilling the obligations. Customer undertakes to allocate the necessary resources, and ensure the necessary assistance from a third party where this is agreed.
+ The customer shall pay the agreed compensation. The customer must assist the supplier so that the supplier will not be delayed or otherwise prevented from fulfilling the obligations. The customer undertakes to allocate the necessary resources, and ensure the necessary assistance from a third party where this is agreed.
  
  ==== 2.Confidentiality ====
  
- The parties mutually obliged to keep confidential and not disseminate information which they become aware in connection with carrying out the out the Agreement, to the extent such information is not considered public. The same applies all the material which is marked confidential and the disclosure of personal matters, information that could harm the parties or that can be exploited by outsiders in business. This duty of confidentiality apply to the parties and their employees and others acting on behalf of the parties in connection with carrying out the of the Agreement. The duty of confidentiality applies correspondingly after termination of the Agreement.
+ The parties are mutually obliged to keep confidentiality and not disseminate information which they become aware of in connection with carrying out the out the Agreement, to the extent that such information is not considered public. The same applies to all the material which is marked confidential. personal matters, and information that could harm the parties or that can be exploited by outsiders in business. This duty of confidentiality applies to the parties and their employees and others acting on behalf of the parties in connection with carrying out the of the Agreement. The duty of confidentiality applies correspondingly after the termination of the Agreement.
  
  ==== 3.Force majeure ====
  
- In the event of an extraordinary situation outside control of the parties, which could not be foreseen at inception and which significantly hampers the fulfilment of a party duties, the other party shall be notified without undue delay. The affected party's obligations are suspended to the extent that is relevant so long as the extraordinary situation prevails. The other party in return suspended for the same period. Either party may terminate the Agreement by giving one month's written notice if the force majeure situation makes it particularly burdensome to maintain Agreement.
+ In the event of an extraordinary situation outside control of the parties, which could not be foreseen at inception and which significantly hampers the fulfilment of a party duties, the other party shall be notified without undue delay. The affected party's obligations are suspended to the extent that is relevant so long as the extraordinary situation prevails. The other party in return suspended for the same period. Either party may terminate the Agreement by giving one month's written notice if the force majeure situation makes it particularly burdensome to maintain the Agreement.
  
  ==== 4. Transfer of the agreement ====
  
- Parties may only reassign their rights and obligations under the agreement with the written consent of the counterparties. Consent may not be unreasonably withheld. It is not considered as transfer if one of the parties merged with one or more other companies or the assignment is to a subsidiary. Right to compensation under this Agreement may be assigned freely, but such transfer does not relieve the Contractor from its obligations and responsibilities.
+ Parties may only reassign their rights and obligations under the agreement with the written consent of the counterparties. Consent may not be unreasonably withheld. It is not considered as transfer if one of the parties mergea with one or more other companies or the assignment is to a subsidiary. Right to compensation under this Agreement may be assigned freely, but such transfer does not relieve the Contractor from its obligations and responsibilities.
  
  ==== 5. Non-fulfilment ====
  
@@ -185, +185 @@

  
  ===== a. Liquidated damages =====
  
- If the delivery date is not going on the date agreed between the parties, and this is not due to the circumstances mentioned in Clause. 3 or conditions customer is responsible for, then a daily penalty run from the agreed delivery date. Liquidated damages amount 0.1% of the agreed annual compensation for the portion of operating benefits that are delayed, calculated per calendar day of delay and up to a maximum of 60 days. As long as liquidated damages runs the customer may not terminate the Agreement, demand price or other compensation for the delay.
+ If the delivery date is not happening on the date agreed between the parties, and this is not due to the circumstances mentioned in Clause. 3 or conditions customer is responsible for, then a daily penalty run from the agreed delivery date. Liquidated damages amount 0.1% of the agreed annual compensation for the portion of operating benefits that are delayed, calculated per calendar day of delay and up to a maximum of 60 days. As long as liquidated damages runs the customer may not terminate the Agreement, demand price or other compensation for the delay.
  
  ===== b. Canceling =====
  
@@ -201, +201 @@

  
  ===== a. Shortcomings =====
  
- There is a shortcoming of the supplier if operating delivery do not cover the requirements and specifications given by the Agreement, and this caused a circumstance which the supplier is responsible. If there is a shortcoming in operating performance, the supplier shall without undue delay remedy the defect. Where defect can not be repaired within a reasonable time Customer shall be entitled to a proportionate discount, ref. Section b. Below.
+ There is a shortcoming of the supplier if operating delivery does not cover the requirements and specifications given by the Agreement, and this causes a circumstance which the supplier is responsible. If there is a shortcoming in operating performance, the supplier shall without undue delay remedy the defect. Where defect can not be repaired within a reasonable time the Customer shall be entitled to a proportionate discount, ref. Section b. Below.
  
  ===== b. Price discount for shortcomings =====
  
@@ -213, +213 @@

  
  ===== 5.2.2 The customers non-fullfillment =====
  
- If the customer does not pay on time, the supplier is entitled to interest for the amount that is overdue. In Norway,l in accordance with the law relating to interest on late payment of 19. Dec. 1976 no. 100, § 3, first paragraph. In cases where the payments with the addition of interest is not paid within 14 days of the due date, the supplier can issue written notice that the operating delivery will be stopped, or that the agreement will be terminated, unless settlement has taken place within 7 days of your receipt notification. Upon termination of the Agreement due to the customer, the supplier shall be indemnified by the customer for the costs and liabilities undertaken in connection with the Agreement.
+ If the customer does not pay on time, the supplier is entitled to interest for the amount that is overdue. In Norway, in accordance with the law relating to interest on late payment of 19. Dec. 1976 no. 100, § 3, first paragraph. In cases where the payments with the addition of interest is not paid within 14 days of the due date, the supplier can issue written notice that the operating delivery will be stopped, or that the agreement will be terminated, unless settlement has taken place within 7 days of your receipt notification. Upon termination of the Agreement due to the customer, the supplier shall be indemnified by the customer for the costs and liabilities undertaken in connection with the Agreement.
  
  ==== 6.Replacement ====
  
- The customer may demand compensation for losses that can be reasonably attributed to the shortcoming, unless the supplier can demonstrate that the breach, or the cause of the breach, not attributed to him. Any liquidated damages caused by delay in accordance with Clause. 5a for the same breach ,is deducted by calculating compensation. If the customer defaults on its obligations under this Agreement, supplier shall be entitled to recover their additional costs that may reasonably be attributed to the Customer defaults, unless the Customer can prove that the breach, or cause of the breach can not be attributed to him.
+ The customer may demand compensation for losses that can be reasonably attributed to the shortcoming, unless the supplier can demonstrate that the breach, or the cause of the breach, not attributed to him. Any liquidated damages caused by delay in accordance with Clause 5a for the same breach is deducted by calculating compensation. If the customer defaults on its obligations under this Agreement, supplier shall be entitled to recover their additional costs that may reasonably be attributed to the Customer defaults, unless the Customer can prove that the breach, or cause of the breach can not be attributed to him.
  
  Parties are not responsible for the other party's indirect losses, including expected savings or gains. Indirect losses included among others
  
@@ -229, +229 @@

  
  ==== 7. Legal defects ====
  
- If a third party asserts that the use of software that the Customer or Vendor has license responsibility goes against the third party's rights, the Party shall ensure that appropriate rights are retained or acquired, or that other equivalent software functionality / obtained without charge to the other party. Should it be raised claims from third party against Customer or Vendor on the basis of defects inherent in the relationship of the other Party, that Party undertakes its own expense to assist and eventually lead case for both parties. From the time a party takes over the case, the other party is obliged to assist the special compensation.
+ If a third party asserts that the use of software that the Customer or Vendor has license responsibility goes against the third party's rights, the Party shall ensure that appropriate rights are retained or acquired, or that other equivalent software functionality is obtained without charge to the other party. Should claims arise from a third party against the Customer or Vendor on the basis of defects inherent in the relationship of the other Party, that Party undertakes its own expense to assist and eventually lead case for both parties. From the time a party takes over the case, the other party is obliged to assist the special compensation.
  
  ==== 8. Responsibility for subcontractors ====
  
@@ -237, +237 @@

  
  ==== 9. Regulating the termination of the Agreement ====
  
- Upon termination, the parties shall draw up a joint plan of liquidation of the customer relationship and obligations by mutual to assist each other in the practical work in this liquidation. The vendor is obliged by termination of this Agreement to return Client software and current data in the agreed format. The Customer chooses the way of transporting and is responsible for transportation from the Vendors' premises. Customer undertakes immediately after termination of the Agreement to return all equipment belonging to the Vendor. The Vendor chooses mode of transport and is responsible for transportation from the Vendor's premises.
+ Upon termination, the parties shall draw up a joint plan of liquidation of the customer relationship and obligations by mutual to assist each other in the practical work in this liquidation. The vendor is obliged by termination of this Agreement to return Client software and current data in the agreed format. The Customer chooses the means of transport and is responsible for transportation from the Vendors' premises. The Customer undertakes immediately after termination of the Agreement to return all equipment belonging to the Vendor. The Vendor chooses the mode of transport and is responsible for transportation from the Vendor's premises.
  
  ==== 10. Legalities and solving disagreements ====
  



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