Document type | contract |
---|---|
Date | 2024-07-11 |
Source URL | https://go.boarddocs.com/wv/booneboe/Board.nsf/files/D73RNV6EDCC2/$file/THRILLSHARE%20QUOTE%20AND%20TIP%20CONTRACT.pdf |
Entity | boone_county_schools (Boone Co., WV) |
Entity URL | https://www.boonecountyboe.org/en-US |
Raw filename | THRILLSHARE%20QUOTE%20AND%20TIP%20CONTRACT.pdf |
Stored filename | 2024-07-11-6f78218ec5f5162e033acb9fc298d5d3-contract.txt |
Parent document: REVISED - Regular Meeting - Meeting #02-07-15-2024.pdf
O apptegy Printed 11 July 2024 www.apptegy.com Apptegy EMAIL PO & VENDOR QUCTE TO: TIPSPO@TIPS-USA.COM PO MUST REFERENCE VENDOR TIPS CONTRACT NUMBER PAYMENT TO TIPS CONTACT ADDRESS 2201 BROOKWOOD DR, STE NAME Charlie Martin CiTy LITTLE ROCK PHONE (866) 839-8477 STATE AR FAX (866) 839-8472 ZIP 72202 EMAIL tips@tips-usa.com DISADVANTAGED/MINORITY/WOMAN BUSINESS ENTERPRISE: N HUB: N SERVING STATES AL [AK |AZ|AR|CA|CO|CT|DE|DC{FL|GA|HI| ID] IL|IN|IA| KS | KY |LA|ME| MD | MA|MI| MN] MS | MO | MT | NE |NV|NH|NJ[NM|NY|[NC|ND|OH|OK|OR|PA|RI|SC|SD|TN|TX|UT|VT| VA] WA|WV|WI|WY|PR Iverview :p>Apptegy provides custom websites, mobile apps, a mass notification system, and a two-way classroom ‘communication system to schoo! districts across the nation — all powered by our publishing platform, *hrillshare. Thrillshare was designed to centralize all communication channels for a schoo! district, making it as easy 1s possible for schools to manage and build their online presence.</p> AWARDED CONTRACTS Contract Comodity 230105 "View EDGAR Doc" on Website Exp Date EDGAR Technology Solutions Products and Services 05/31/2028 See EDGAR Certification Doc. CONTACTS BY CONTRACTS Matthias Wehnert Director of Business Benjamin Berley (501) 612-4442 matthias.wehnert@apptegy.com (870) 833-0702 benjamin@apptegy.com Director of Sales ©apptegy Powering Your School’s Identity Apptegy started in 2014 with the goal of enabling public school districts to build a strong brand and communicate more effectively with their audiences. In 2015, we partnered with our first three beta clients. Today, 2024, we've partnered with more than 4,000 clients in all 50 states to build their website, custom mobile app, and the mass notiification system. What Makes Us Different @ Thrillshare’s Ease of Use With our publishing platform, Thrillshare, you don’t need any programming knowledge to update your district's website, app, or mass 66 oe notification Svan. Now, you can promote | is GREAT. Thrillshare simplifies your success stories across all communication the process of posting things to channels right from your smartphone. VANGUEESNABTSRAresa uss to the point where 1 can see where we will be sharing so much with 2) The User Experience for parents, especially on the app. Your Community — Wherever your community engages with you online, they’ll be able to do so with ease. No more pinching and pulling to view your website on a smartphone or being redirected somewhere else within your mobile app. All of you at Apptegy have been absolutely wonderful to work with. We have received great feedback on our new website and app, and one of our most recent posts reached more people than we ever have! That would never have © Your Experience Working happened without Thrillshare! With Us 99 From the beginning, Apptegy set out to be more than a software provider. We strive to be a true partner and resource for our districts. That commitment and our personal, fast, and easy support has earned Apptegy an unheard of 99% client retention rate. © apptegy Scope & Deliverables At Apptegy, we've developed the first publishing platform for school districts, so your team manages all of your communication channels from a single place. This means you'll share more stories with your community without creating more work for your staff. By eliminating the technological barrier required to communicate, Thrillshare makes it easy to assign roles and privileges to your team to update what they care most about. With this level of customization and control, you can be confident about consistent messaging being shared with your community. Publishing Platform From the beginning, Thrillshare was designed to contain all your district communication channels in = Create Post one place. Select Chareet Built specifically for school districts, Thrillshare not only manages your website, but also your custom mobile app, all of your social media channels, Grganizations Darret Beenartiry Met Me 9 Push Notification Groups Putri and your alerts and notification system. Keeping information up-to-date is as easy as it gets, from the lunch menu to your calendar and news. Mobile Apps (i We build beautiful mobile apps for Android and iPhone that focus on what really matters: the user = experience. A user experience that delights parents 2 TUNES a SEE ry and community members means they will continue ia ental Kerr einen - Funwebsite © to come back to the app for meaningful information. | McAllen ISO oan a Notifications fou] Ef O apptegy Empuasering Cur Chileon to Succreed Websites BH srt sang eat she simp eal We will work with you to understand how you want your district brand to come across by creating anew website. Within your common branding, each school ff a r oh webpage can be customized, using the school’s oat eth ats z ft ¢ i Gil f 3 specific colors, mascots, logos, etc. We want your | vanes | website to stay fresh and never grow stale, so we include a free re-design with each year of our LIVE FEED partnership. Alerts Inorder to save you time, we can automatically syne with your Student Information System so you can send out text, phone and email notifications. Easily send and schedule recurring alerts like attendance calls. Plus, with state-of-the-art technology, your text, f wW email and voice calls can be automatically translated. li) © ‘ Cd Transition & Support Hi Team! We handle all of the heavy lifting including design, development, static content migration, training and ye eons ty Deuce CUS a esos the chat below or call us at 501-613-0370! ongoing support. Your own dedicated contacts at Apptegy during implementation and after launch ; Start a conversation fé - Our usual reply time ‘ dG) A few minutes With unlimited training and prompt support, every Thrillshare user will always have someone to assist with any questions that arise. make it an easy transition for the district. See all your conversations © apptegy I. Estimated Transition Timeline Kick-off Week 1 Design Weeks 2-3 Development & Content Migration Weeks 4-6 Training Sessions Weeks 7-8 Launch Campaign Weeks 9-10 Support Ongoing We get our partnership started with a meeting to introduce stakeholders on your side and ours. In this meeting, we will cover our detailed roadmap, initial designs, and the overall structure of the planned implementation. We create a mockup asa first draft and iterate from there. Since we've already established a good understanding of what youre looking for in the kick-off call, this process is typically quite fast. Once we're done with the development, we migrate your static content for you. After our team has gone through your entire website and app and confirmed that everything is working, we will ask you to approve the content and functionality as well. Anideal training schedule will include a setup call with your project lead, in-depth sessions for all of your power users, and introduction sessions for casual users. Flipping the switch is all it takes: we just point your domain to our servers and the change to the new website will be instant. Of course we don't want the switch to go unnoticed by your community. That's why we design an entire launch campaign around the app and website with you. You'll get a custom marketing playbook, including graphics, videos, and alaunch plan. Now that you are live, we work together to drive adoption of your new website and mobile app. You will be working closely with your Client Success Manager on marketing strategies and our Support Team on any questions your users have after the switch. © apptegy Il. Order Form Client Name: Boone County Schools, WV Address: 69 Avenue B, Madison Email: mrriggs@k12.wv.us West Virginia 25130 Phone: 3043693131 | Description Price Qty Subtotal Mobile App Development (one-time) $16,000 1 $16,000 One-time app development for iOS and Android apps for the District + 13 campuses *Billed one-time App Development Discount (one-time) -$7,750 1 -$7,750 Discounting app development for agreement signed by July 31, 2024 Thrillshare (annual) $16,575 1 $16,575 Thrillshare Publishing Platform (desktop and mobile) for ~3100 students *Billed and payable in full annually *For Clients that elect automatic renewal, pricing subject to 5% annual increases after last year of initial purchased term(see Terms for more info) Website design and hosting $0 1 $0 Up to 1 re-design per contract year Included in Thrillshare cost Alerts $0 1 so Unlimited text, voice, and email alerts Included in Thrillshare cost *Subject to Carrier restrictions (see Terms for more info), including, but not limited to, character limits per SMS message [currently 320 characters per SMS message] Support, service, and training $0 1 SO Included in Thrillshare cost Static content migration $0 1 $0 Included in Thrillshare cost © apptegy lll. Payment Schedule Payment Schedule: Payable subject to the terms of Amount Agreement Total of the above, collectively, the "Services" $24,825.00 Billed after signature $24,825 (one-time development cost + annual) 60 Days from signature ("Client Start Date’) One year from Client Start Date $16,575 (annual, if renewed) *Subject to 5% increase for renewal This Order Form and Master Services Agreement (collectively, the “Agreement”) between Apptegy, Inc. (“Apptegy”), and the client listed above (“Client”) is effective as of the date of Client's signature below. This Agreement includes and incorporates the above Order Form, as well as the attached Master Services Agreement (“MSA”). By signing below, Client acknowledges receipt of this Agreement, including the Order Form and the MSA, and hereby accepts and agrees to be bound by this Agreement. Client Apptegy, Inc. “S S SIGNAL MINE By: ge Joseph Wren By: ~ Matt Riggs Name: Joseph Wren Name:Matt Riggs Title: Sales Representative Title: Superintendent © apptegy Master Services Agreement The following terms and conditions are a binding part of the Order Form and Master Services Agreement of Apptegy, Inc. (together with its affiliates, agents, and assigns, "Apptegy") between Apptegy and the Client that is set out in the Order Form. References to the "Agreement" below collectively include the Order Form (including and incorporating the terms and conditions set out in the "Estimated Transition Timeline" and the "Payment Schedule" that is provided with this Agreement) and the following terms and conditions. This Agreement provides the terms and conditions for Client to purchase and use Apptegy's Services (as defined below). Capitalized terms used but not otherwise defined in the following terms and conditions will have the meanings given to them in the Order Form. 1. Integration with Other Documents. This Agreement is the entire agreement between Apptegy and Client with respect to the Services, except as expressly set out below. No separate written or online agreements or terms and conditions will be incorporated in this Agreement or otherwise bind the parties unless expressly set out in this Agreement or in a Client Addendum (as defined below). The Client Addendum will control and govern with respect to all matters expressly set out in the Client Addendum, and this Agreement will control and govern in all circumstances. To be enforceable on the parties, any amendment, modification, or additions to the terms and conditions of this Agreement must be set out in a separate written addendum to this Agreement confirming such amendments, modifications, and/or additions in writing (a "Client Addendum’). 2. Services; License. During the License Term, Apptegy will provide, and Client and the individuals allowed to access the Services by or on behalf of Client ("User(s)") may access and use, the products and services set out in the Order Form (collectively, "Services"). Client hereby grants Apptegy a limited, nonexclusive, revocable, worldwide, fully-paid, royalty-free license to use, copy, and modify Client's information, material, data, photographs, videos, intellectual property (including without limitation all copyrights, trademarks, service marks, and similar rights), and other content (collectively, “Client Content”) for providing and improving the Services. Client’s right to access and use the Services, and Apptegy’s license to Client Content, will automatically terminate upon termination or expiration of this Agreement. 3. Fees. Client will pay to Apptegy all fees set out in the Order Form. Apptegy will submit invoice(s) to Client for all fees due upon execution of the Agreement and/or on the Client Start Date(s) (as defined below) as set out in the Order Form. Apptegy will invoice all subsequent-year fees on or about the anniversary of the applicable Client Start Date(s). Client agrees to pay all invoices in full within 30 days of the date of the invoice. Client agrees that (i) development and implementation fees are due as set out in the Order Form, (ii) fees for use of the Services are payable in annual portions for each year of the License Term as set out in the Order Form, (iii) fees for use of the Services are subject to Five Percent (5%) annual increases, starting the first renewal year after the last year of the term initially purchased by Client and continuing each year thereafter, as set out in the Order Form, and (iv) discounts for purchases of bundled Services will automatically expire if Client cancels any of the bundled Services and Client will thereafter be invoiced for the full price of the continuing Services. Client acknowledges that fees for Services do not include taxes, duties, and other government charges, including sales, use, consumption, VAT, GST, and other withholding, as applicable, and Client is solely responsible for any such obligations. 4. License Term. The term of Client's license to use the Services (the “License Term’) will start on the date(s) set out on the Order Form (the "Client Start Date(s)"). Clients that purchase multiple Apptegy products may have different license start dates for different products. If no license start date is set out on the Order Form, the Thrillshare Media Client Start Date will be the date that is 60 days after Apptegy receives an executed agreement from Client and the Thrillshare Rooms Client Start Date will be the date that is 90 days after Apptegy receives an executed agreement from Client. The License Term will terminate on the anniversary of the applicable Client Start Date(s) that is after the number of license years initially purchased by Client, as set out in the Order Form, plus any renewal periods. This Agreement will renew for successive, additional periods of one (1) year from the anniversary of the Client Start Date(s), unless Client provides Apptegy with written notice of non-renewal before the end of the then-current License Term. Subject only to applicable procurement and appropriations law, Client agrees that it may not terminate this Agreement before the expiration of any then-current License Term without cause, unless Client pays Apptegy all fees in full for all license years of the then-current License Term, as set out in the Order Form, plus payment of any previously discounted amounts for the Services during the Term. All fees paid to Apptegy are non-refundable, subject only to applicable procurement and appropriations law. 5. Performance Terms. In addition to this Agreement, the rights and obligations of the Client and Apptegy with respect to the providing, accessing, and using the Services will also be subject to and governed by the Apptegy Terms of Use ("Terms of Use") and Privacy Policy ("Privacy Policy’), available at the following links: https://www.apptegy.com/terms-and-conditions/ and https://www.apptegy.com/privacy-policy/. The Terms of Use and Privacy Policy, as each may be amended, are incorporated into this Agreement in their entirety, as applicable to Client. Without limiting the generality of the foregoing, the Terms of Use and Privacy Policy set out and govern the terms and conditions for Services availability, User eligibility and acceptable use, data privacy and security, regulatory notices and information, warranties, disclaimers, and liability limitations, and other related terms. The applicability of the Terms of Use and Privacy Policy is limited to the order of priority set out below. 6. Carrier Restrictions. Apptegy provides unlimited text, voice, and email messaging to Client subject to restrictions placed on Apptegy by mobile and wireless carriers and network operators (collectively, “Carriers”). For example, Carriers have (i) placed limits on the number of characters that may be included in messages sent via the Services and (ii) placed restrictions on the type of messaging content that may be sent through the Services. Carrier restrictions are not within the control of Apptegy and are subject to change without notice. When a Carrier places new or modified restrictions on Apptegy, certain features and functions of the Services may change as a result without notice to you. Client agrees that Apptegy will not be responsible or liable for any change in Services that arise from or in connection with Carrier restrictions. 7. TCPA/CTIA Compliance. Client is exclusively responsible for complying with applicable laws and regulations governing communications sent via the Services by Client and Users under Client's account, including, but not limited to, the Telephone Consumer Protection Act of 1991, as it may be amended ("“TCPA"), and the requirements and policies of CTIA — The Wireless Association (“CTIA”). Client is encouraged to establish and implement methods and procedures to ensure compliance with applicable laws and regulations, including the TCPA and the CTIA, and to inform and train each of its employees, contractors, and representatives who use the Services on the methods and procedures. Apptegy may provide Client with materials and information about such laws and regulations, including the TCPA and the CTIA; Client acknowledges that all such materials and information is provided for general education purposes only. No such act by or information from Apptegy (whether individually or taken as a whole) will create or be deemed to create responsibility or liability on the part of Apptegy with respect to Client’s compliance with the laws and regulations governing the communications sent via the Services by Client and Users under Client’s account, including the TCPA and/or the CTIA. 8. COPPA Notice and Compliance. Apptegy prohibits use of the Services by children under the age of thirteen (13), unless and only to the extent the child is a User invited or added to the Services by Client. When children are invited or added to the Services as Users under Client's account, Apptegy provides the Services with respect to the children solely in the educational context authorized by Client under this Agreement and solely for the benefit of Client and its Users. Client consents, as agent for and on behalf of such children (and their parents and guardians), to Apptegy's collection, use, disclosure, and storage of personal information about or from the children in accordance with this Agreement. Client acknowledges that Apptegy is relying on Client's consent in the previous sentence for the purposes of complying with the Children’s Online Privacy Protection Act, as it may be amended (“COPPA’), and that Apptegy is authorized to presume that Client has obtained and will maintain all required parent and guardian consent for Apptegy's collection, use, disclosure, and storage of information for any children under the age of thirteen (13) that are invited or added to the Services under Client's account. Please note that Client is responsible for complying with COPPA with respect to Users under Client's account if Client invites or adds children under the age of thirteen (13) to the Services. Client is encouraged to establish and implement methods and procedures to ensure compliance with COPPA, and to inform and train each of its employees, contractors, representatives, and Users who use the Services on the methods and procedures. Apptegy may provide Client with materials and information about complying with COPPA; Client acknowledges that all such materials and information is provided for general education purposes only. No such act by or information from Apptegy (whether individually or taken as a whole) will create or be deemed to create responsibility or liability on the part of Apptegy with respect to Client’s compliance with COPPA. The Terms of Use and Privacy Policy, accessible as set out above, confirm that Apptegy may collect information about children as a necessary part of providing the Services to Client (for example, as applicable: contact information for communications sent via the Services; posts made on messaging tools in the Services; information included in assignments and other class content submitted via the Services) and provide notice regarding Apptegy's collection, use, disclosure, and storage of personal information from children. Please note that some or all of this information may not be private as to the individual child, parent, or guardian. For example, for Users of Rooms, information shared by a User via the messaging features of Rooms will be visible to Client, as the party providing access to the Services to its Users. In some circumstances, information provided by or about a child may be available or visible to other individual Users. For example, for Users of Rooms, information about a child that is posted in the group messaging tool in a Child's Room may be visible to other individual Users that are also authorized users for the same Room. Apptegy will collect, use, and disclose such information in accordance with COPPA and the Privacy Policy. 9. Accessibility Compliance. Client is exclusively responsible for complying with all applicable laws and regulations governing accessibility of the parts of the Services under the control of Client (for example: Client's website and/or mobile applications), including, but not limited to, the Americans with Disabilities Act, as it may be amended (“ADA”), and the requirements and policies of Web Content Accessibility Guidelines (“WCAG”). Client is encouraged to establish and implement methods and procedures to ensure compliance with applicable laws and regulations, including the ADA and the WCAG, and to inform and train each of its employees, contractors, and representatives who use the Services on the methods and procedures. The Services include tools to assist Client with accessibility compliance, and Apptegy may provide Client with materials and information about such laws and regulations, including the ADA and the WCAG; Client acknowledges that all such tools, materials, and information are provided to assist Client with its compliance obligations and for general education purposes only. No such functionality, act by, or information from Apptegy (whether individually or taken as a whole) will create or be deemed to create responsibility or liability on the part of Apptegy with respect to Client's compliance with the laws and regulations governing accessibility of the parts of the Services under the control of Client (for example: Client's website and/or mobile applications), including the ADA and/or the WCAG. 10. Third Party Functions. Apptegy relies on third-party providers and partners for parts of the Services (for example: posting a message or communication on Facebook or Twitter account; hosting Client websites). APPTEGY IS NOT RESPONSIBLE FOR ANY CONSEQUENCE, LOSS, OR DAMAGE (DIRECT OR INDIRECT) ARISING FROM OR RELATING TO THE PARTS OF THE SERVICES MANAGED OR MADE AVAILABLE BY OR VIA THIRD-PARTY PROVIDERS AND PARTNERS. Please see the Terms of Use and Privacy Policy for more information. 11. Disclaimers; Limited Liability. Apptegy provides the Services subject to certain disclaimers and limitations of liability. Please see the Terms of Use and Privacy Policy for more information. 12. Intellectual Property. Nothing in this Agreement or the performance of this Agreement will convey, license, or otherwise transfer any right, title, or interest in any intellectual property or other proprietary rights held by either party, except as expressly set out in the Agreement. Apptegy retains all right, title, and interest in all intellectual property rights, including patent, trademark, trade secret, and copyright (whether registered or unregistered), in and to the Services and the underlying software and technologies, all related technical documentation, and all derivative works, improvements, and modifications to any of the foregoing. Client agrees the foregoing is necessary to Apptegy providing the Services. 13. Compliance with Laws. The parties agree to comply with all laws applicable to the use of the Services and performance of this Agreement. 14. Miscellaneous. The Order Form and Master Services Agreement, together with (i) the Terms of Use and Privacy Policy, and (ii) the Client Addendum, if applicable, is the entire agreement between the parties with respect to the subject matter, and supersedes all prior agreements and understandings, whether written or oral. If any conflict or ambiguity exists with respect to any term or condition of any of the foregoing, the following priority will govern and control: (1) if applicable, the Client Addendum for all matters expressly addressed in the Client Addendum; then (2) this Order Form and Master Services Agreement for all other matters; then (3) the Terms of Use and Privacy Policy. Apptegy is not subject to any obligations that are not expressly identified in this Agreement, a Client Addendum, or the Terms of Use and Privacy Policy. This Agreement is governed by the laws of the state in which Client is located, without regard to conflict of law principles. The parties irrevocably submit to the exclusive jurisdiction and venue of the federal courts having jurisdiction where Client is located for any dispute that relates to the Services or this Agreement. Except as set out in this Agreement, this Agreement may not be amended or modified without the prior written consent of both parties. Neither party may assign this Agreement without the prior written consent of the other party, except in connection with a merger, acquisition, or sale of all or substantially all of a party's assets or voting securities. If any provision(s) of this Agreement is held invalid or unenforceable, such invalidity or unenforceability will not invalidate or render the Agreement unenforceable, but rather the Agreement will be construed as if not containing the unenforceable provision(s), and the rights and obligations of the parties will be construed and enforced to honor the parties’ original intent to the maximum extent permitted under applicable law. This Agreement will inure to the benefit of the successors and assigns of the parties. The Agreement may be executed in multiple counterparts and executed by original, facsimile, or electronic signature (including PDF, Proposify, HelloSign, and similar methods), each of which when delivered will be deemed an original, and all of which together will constitute one agreement. © apptegy