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

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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=27&rev2=28

Comment:
Generated.

  
  between
  
- The operating company Inc., The machine room 1, 0313 Oslo
+ Driftselskapet AS, Maskinrommet 1, 0313 Oslo
  
  Org.no.: 989 313 313
  
- (from here on called The Vendor)
+ (hereafter called The Vendor)
  
  and
  
@@ -22, +22 @@

  
  Org.No:
  
- (from here on named The Customer)
+ (hereafter called The Customer)
  
  The parties have reached an agreement on the delivery of operational services (hereinafter The Agreement) on subsequent contractual terms. The following appendixes are part of The Agreement:
  
@@ -49, +49 @@

  
  ||Term||Description||
  ||Operating period||From the Delivery day to the day when the agreement ceases to apply, regardless of the reason.||
- ||The Operating services||Services from The Vendor in the Operating period. The operating services are further described in appendix 3.||
+ ||Services provided||Services from The Vendor in the Operating period. The services provided are further described in Appendix 3.||
  ||ICT manager||Competence person(s) at the customer serving as liaison(s) to the supplier.||
- ||Delivery day||The day the customer can apply the operating performance.||
+ ||Delivery day||The day the customer can use the services provided.||
  ||Skolelinux||Linux distribution built on Debian Linux and adjusted for use in Norwegian schools.||
  
  === Appendix 2 - Customer Obligations ===
@@ -72, +72 @@

  
  ==== 4. Communication requirements ====
  
- The Customer shall, before the delivery date, have installed and configured communication with the Internet and tested it works satisfactorily. To manage operating performance, the customer must arrange for the supplier's access the customer's ICT-facilities through the Internet.
+ The Customer shall, before the delivery date, have installed and configured communication with the Internet and tested it works satisfactorily. To make it possible to provide services, the customer must arrange for the contractor to be able to access the customer's ICT-facilities via the Internet.
  
  ==== 5. Information from The Vendor ====
  
- 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.
+ 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 provide services.
  
  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.
  
@@ -84, +84 @@

  
  ==== 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 arrange for the Customer to receive the provided services. Delivery date shall be no later than 4 weeks after such notice is received by the supplier.
  
  ==== 2. Information to The Customer ====
  
- When all the above requirements are met, the customer shall notify the supplier, in writing or by e-mail, that the ICT-system is prepared for the customer for delivering operating performance.
+ When all the above requirements are met, the contractor shall notify the customer, in writing or by e-mail, that the ICT-system is prepared for the customer to receive the provided services.
  
  ==== 3. Service requirements ====
  
@@ -125, +125 @@

  
  ==== 5. Skill requirements ====
  
- The supplier shall at all times have sufficient resources with relevant expertise to carry out operational performance in a professional manner
+ The supplier shall at all times have sufficient resources with relevant expertise to provide services in a professional manner
  
  === Appendix 4 - Prices and terms of payment ===
  
- ==== 1. Compensation for operating performance ====
+ ==== 1. Compensation for services provided ====
  
- 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.
+ The compensation for the services provided is calculated on the basis of the number of workstations on the network. The agreement includes a minimum of 60 workstations. The Customer shall pay the Supplier £78 per year per workstation, excluding VAT, in compensation for the services provided, i.e. £390 per month excluding VAT for 60 workstations.
  
  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
  
@@ -141, +141 @@

  
  ==== 3. Payment conditions ====
  
- 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 the services provided is 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.
  
@@ -185, +185 @@

  
  ===== a. Liquidated damages =====
  
- 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.
+ If delivery does not happen on the date agreed between the parties, and this is not due to the circumstances mentioned in Clause 3 or circumstances the Customer is responsible for, then a daily penalty is applied from the agreed delivery date. The penalty fee is 0.1% of the agreed annual compensation for the portion of services provided that are delayed, calculated per calendar day of delay and up to a maximum of 60 days. As long as daily penalties are being applied, the customer may neither terminate the Agreement nor demand a discount or other compensation for the delay.
  
  ===== b. Canceling =====
  
@@ -201, +201 @@

  
  ===== a. Shortcomings =====
  
- 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.
+ There is a shortcoming of the supplier if services provided do not meet the requirements and specifications stipulated in the Agreement, and this causes a circumstance for which the supplier is responsible. If there is a shortcoming in operating performance, the supplier shall without undue delay remedy the defect. Where a 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 =====
  
- If the client has not been able utilise the operational services, fully or partially, as a result of the defect, the customer has right, in the period from the error/defect was notified in writing until the defect is corrected, to receive a proportionate price reduction. Possible refund, due to lack of availability due to the same circumstance, is deducted when calculating the price reduction.
+ If the client has not been able to use the services provided, fully or partially, as a result of the defect, the customer has the right, in the period from when the error or defect was notified in writing until the defect is corrected, to receive a proportionate discount. Any refund due to lack of availability due to the same circumstance, is deducted when calculating the discount.
  
  ===== c. Canceling =====
  
- If otherwise a shortcoming emerge, and of such a nature as it is significant for the customer's use of the operating system, and the shortcoming not is corrected within 30 business days after the Customer in writing notified the supplier about the shortcoming, the Customer can in writing notify the supplier the wish to terminate the Agreement. If the supplier after such notice has not rectified the situation within 14 business days, the customer is entitled to terminate the Agreement with immediate effect.
+ In the event of any other shortcoming, that is significant to the customer's use of the services provided, and is not corrected within 30 business days after the Customer notified the supplier in writing about the shortcoming, the Customer may notify the supplier in writing of intent to terminate the Agreement. If the supplier, after such notice, has not rectified the situation within 14 business days, the customer is entitled to terminate the Agreement with immediate effect.
  
  ===== 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, 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, this arises from a law relating to interest on late payment of 19. Dec. 1976 no. 100, § 3, first paragraph.) In cases where the payments plus interest are not paid within 14 days of the due date, the supplier can issue written notice that the services provided will be discontinued, or that the agreement will be terminated, unless the customer settles all outstanding bills within 7 days of receipt of this notification. Upon termination of the Agreement due to the customer's fault, the supplier shall be indemnified by the customer for the costs and liabilities undertaken in connection with the Agreement.
  
  ==== 6.Replacement ====
  
@@ -222, +222 @@

  Parties are not responsible for the other party's indirect losses, including expected savings or gains. Indirect losses included among others
  
   * Losses due to reduced or lost production or sales (operational interruption);
-  * Losses due to that operating performances can not be used as intended (consequential losses);
+  * Losses arising because the services provided can not be used as intended (consequential losses);
   * Lost profits as a result of a contract with a third party that is dropped or not fulfilled properly.
  
  Parties liability towards each other is limited to the agreed annual compensation, or a maximum of NOK 1 million, regardless of the number of damage cases. The limitations of the parties' liability does not apply, if the party or anyone he is responsible for, has shown gross negligence or willful misconduct.