My WebLink
|
Help
|
About
|
Sign Out
Home
Browse
Search
2023-262
CBCC
>
Official Documents
>
2020's
>
2023
>
2023-262
Metadata
Thumbnails
Annotations
Entry Properties
Last modified
1/4/2024 11:43:58 AM
Creation date
1/4/2024 11:36:41 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
12/12/2023
Control Number
2023-262
Agenda Item Number
8.A.
Entity Name
Golf Now, LLC (GolfNow)
Subject
Service Agreement Provision of Software, Marketing, and/or Technology
Services at Sandridge Golf Course
There are no annotations on this page.
Document management portal powered by Laserfiche WebLink 9 © 1998-2015
Laserfiche.
All rights reserved.
/
15
PDF
Print
Pages to print
Enter page numbers and/or page ranges separated by commas. For example, 1,3,5-12.
After downloading, print the document using a PDF reader (e.g. Adobe Reader).
View images
View plain text
4. Hardware. To the extent GolfNow provides Client with any hardware pursuant to the applicable Order Form (the "Hardware"), and that <br />Order Form indicates such Hardware will remain the property of GolfNow ("GolfNow-Owned Hardware"), the GolfNow-Owned Hardware shall <br />be returned by Client to GolfNow within fourteen (14) days upon the earlier of: (i) termination of this Agreement; or (ii) expiration of the Term. <br />Client assumes all risk of loss or damage to any Hardware. Client's recourse with respect to defective Hardware shall be limited to the applicable <br />manufacturer's warranty. Unless the Parties mutually agree otherwise, Client shall be responsible for the cost of: (x) the replacement of defective <br />Hardware not covered by manufacturer's warranty; and (y) any Hardware upgrades or replacements necessary to meet the minimum system <br />requirements of the GolfNow Services received by Client. GolfNow agrees to cover up to five gigabytes (5GB) of data per month during the Term <br />of the Agreement ("Data Limit") for each iPad provided by GolfNow. Should Client exceed the Data Limit, Client shall be responsible for any <br />additional charges incurred as a result. <br />6. Support and Training. GolfNow shall provide Client appropriate levels of training (including access to remote training and on-line <br />resources). Additional in-person training may be provided for an additional fee. Telephone and email support shall be provided to Client during <br />normal business hours through GolfNow's published phone numbers and email addresses. <br />6. Connectivity. Except as otherwise stated herein, Client will be solely responsible for the procurement, payment, and maintenance of all <br />telephone and internet connectively necessary to utilize the applicable Hardware or Services. Client agrees that such connectivity will meet or <br />exceed bandwidth requirements as may be provided by GolfNow, and that GolfNow shall not be responsible for any disruptions in Client's use of <br />the Hardware or Services caused by Client's connectivity. <br />7. Hardware and Software Configuration and Security. Client agrees that, should the configuration of the Hardware or Software be altered <br />(either by Client's personnel or, upon Client's written request, by GolfNow personnel) to allow unrestricted internet browsing or additional <br />functionality, or Client uses the Hardware or Software to visit web sites that are not pre -approved by GolfNow, Client agrees that: (i) it does so at <br />its own risk; (ii) it will pay for, reimburse GolfNow for and be liable for any resulting tangible or intangible damages, losses or injuries; (iii) all uptime <br />obligations and warranties associated with the Hardware and Software will be voided; and (vi) it will be liable for and indemnify, defend and hold <br />GolfNow harmless from any loss or damage resulting from such alterations or internet use, including but not limited to, actual or alleged data <br />security breaches or the introduction of malware and viruses. GolfNow will, if requested by Client, provide repair and technical support services <br />concerning such issues at its then -standard consulting rates. Client also agrees to reimburse GolfNow for all reasonable costs and expenses <br />associated with such repair and technical support. Client will be responsible for maintaining security on its network at all times. GolfNow assumes <br />no responsibility for viruses, malware or other issues that arise due to activity on Client's network, and accepts no liability for the consequences <br />of said activity, regardless of the ownership of the hardware residing on thenetwork. <br />8. Fees and Pricing. Client's payment to GolfNow shall be the "Total Payment" amount set forth on the relevant Order Form. If Client agrees <br />to charge a Transaction Fee for rounds booked on Client's website through a GolfNow booking engine, Client's share of the Transaction Fee, as <br />set forth in the Order Form, shall be net GolfNow's costs (approximately 5%). For the avoidance of doubt, the Transaction Fees referenced in the <br />Order Form do not include any convenience fees charged by GolfNow through GolfNow's Distribution Channels. If applicable, Client shall have <br />the right to approve the price and amount of all non -Trade Time inventory offered through GolfNow's Distribution Channels. GolfNow shall receive <br />tee times and rates at least as favorable to GolfNow as the most favorable tee times and rates offered or provided by Client to any other third - <br />party distribution service or any third party with substantially similar features, functionality, or capabilities as those provided by GolfNow. <br />Client acknowledges and agrees that Client's payment to GolfNow, whether cash or provision of Trade Time(s), is a material element of this <br />Agreement. Due to this material element, in the event that Client does not comply with the payment requirements hereunder or otherwise breaches <br />the terms of this Agreement (each a "Non -Compliance Event"), Client shall be required to pay the following fees to GolfNow: (1) For <br />Products/Services being paid for via Trade Time(s): Five Hundred Dollars ($500) per Product and/or Service, per Golf Course, per month for each <br />month after the first instance of any Non -Compliance Event through either: (i) the cure of the Non -Compliance Event; or (ii) the end of the current <br />Term, whichever is shorter. <br />For Clients receiving Golf365 Pro (formerly G1): Client acknowledges and agrees that Client's use of Golf365 Pro requires Client's adoption of <br />GolfNow's Booking Engine 5.0 (or later) and that Client charge a Transaction Fee on all rounds booked through the GolfNow Booking Engine, <br />which Client shall split with GolfNow according to the terms of the Order Form. <br />Page 2 of 17 <br />
The URL can be used to link to this page
Your browser does not support the video tag.