Don't Leave The Best Alone!

Terms Of Support Agreement

Terms of Support

The following sets forth the terms of the agreement (the “Agreement”) by on which Arriva, Ltd., Best Site Editor, SaaS Website Content Management System (“BestSiteEditor CMS”) will provide Support Services (as defined below) for its BestSiteEditor CMS Software product (the “Product”) which is used by you (the “Customer”) pursuant to BestSiteEditor CMS’s Terms Of Service Agreement (“License Agreement”). Except where superseded by this Agreement, all other terms and conditions of the License Agreement are incorporated by reference. Capitalized terms that are not contained herein have the same meaning as in the License Agreement.


1. DEFINITIONS
"Demo" means the copy of the Product available at http://www.sandbox.bestsiteeditor.com/cgi-bin/editor.pl for unlimited trials, usage and experiments by the Customer prior, during and after the Customer usage of it's own copy of the Product.

“Bug” means a technical aspect or functionality of the Product that does not execute as outlined in the Documentation. Unexpected behavior isolated to Customer's specific configuration or environment does not constitute a Bug. Support Incident is recognized as a Bug only after it has been reproduced in steps provided by Customer and has been confirmed by a BestSiteEditor CMS Engineer. Customer support is available to help customers gain an understanding of BestSiteEditor CMS features and functionality. BestSiteEditor CMS will not be held responsible for  implementing these product features in a client's project.

“Bug Fix Release” means an embodiment of the Product that is released by BestSiteEditor CMS in order to correct Errors.

“Designated Support Contact” means Customer’s employee who is authorized to contact BestSiteEditor CMS’s support center.

“Error” means a defect which causes the Product not to perform substantially in accordance with the specifications set forth in BestSiteEditor CMS’s Documentation.

“Installation” means the process in which the Product IS uploaded onto a single folder designated for the Customers domain. A completed installation is determined by the successful first run of the BestSiteEditor CMS application. This does not include configuration of other applications required by the BestSiteEditor CMS application, including, but not limited to the networking components from the BestSiteEditor CMS Module Library.

“Minor Enhancement Release” means an embodiment of the Product that delivers minor performance improvements or enhancements of existing features and/or functionality to the Product.

“Previous Sequential Product” means the embodiment of the Product which has been replaced by a subsequent release, which may include a Bug Fix Release, Minor Enhancement Release, Product Update or Product Upgrade.

“Product Update” means BestSiteEditor CMS’s reasonable efforts to provide Bug Fix Releases and Minor Enhancement Releases to the then current version of the Product. Bug Fix Releases and Minor Enhancement Releases may also include one copy of revisions to the documentation applicable to these releases. Product Updates do not include Product Upgrades.

“Product Upgrade” means an embodiment of the Product that delivers substantial performance improvements, architectural changes or new features and/or functionality to the Product, for which BestSiteEditor CMS may charge a separate license fee.

“Support Services” means the Product support services that are purchased by Customer, as described on the BestSiteEditor CMS Terms of Servie web page. Support Services are optional and purchased separately with the purchase of the BestSiteEditor CMS  and are included with the purchase of the BestSiteEditor CMS Hosting Service.

“Support Incident” means an issue requiring Support Services that focuses on one aspect of the Product - e.g. use of a specific feature of the Product or assistance with a specific problem or error message. While this single issue may involve other aspects of the Product, addressing other aspects constitutes a separate issue and a separate Support Incident. A single Support Incident may involve multiple phone calls, emails and off-line research. BestSiteEditor CMS Engineers are responsible for determining what characterizes a single Support Incident and communicating same to Customer.


2. SUPPORT SERVICES

BestSiteEditor CMS will provide the Support Services listed herein upon payment of the applicable fees by Customer and pursuant to the terms and conditions of this Agreement.

2.1 Support Center: The BestSiteEditor CMS Center is available to Customer and will be staffed by BestSiteEditor CMS Engineers Monday through Friday from 9:00 AM to 5:00 PM US Eastern Time, except for recognized BestSiteEditor CMS holidays.  The Support Center can be contacted by sending email at support [at] bestsiteeditor.com or by telephone (1  646 ) 755 9660 or by using Skype live chat software (skype.com) at skype id:bestsiteeditor . During non-working hours, Customer may leave a telephone voicemail with the Support Center or open an online support ticket and the support incident will be reviewed at the start of the next working day. BestSiteEditor CMS will make its best effort to respond to online support inquires and telephone voicemails within 1 business day.

2.2 Support Protocols: Incoming calls or online support tickets to the BestSiteEditor CMS Center are routed to a BestSiteEditor CMS Engineer who will assess the nature of the Support Incident and either answer the question or schedule return communication, based on the Support Engineer’s assessment of the priority of the incident (below) and the current load of open support tickets. Support Incidents are classified by the BestSiteEditor CMS Engineer into one of the following categories, listed in order of priority:


•High: Bug/Error - A potential Bug or Error is preventing Customer from utilizing the Product in accordance with the Documentation.
•Mid 1: Installation - Questions about Installation.
•Mid 2: Training - Questions regarding Product usage and Documentation.
•Low: Enhancement - Functionality not currently available within the Product.


2.3 Customer Obligations: In order for Customer to receive the Support Services Customer must:


•b. Appoint Designated Support Contact(s) who will maintain the integrity of the Product and who will act as Customer’s liaison for all technical communications with BestSiteEditor CMS. Name(s) of Designated Support Contact(s) must be provided to BestSiteEditor CMS prior to initial contact with the BestSiteEditor CMS Center. All support communications (whether by telephone or online support ticket) by Customer to BestSiteEditor CMS shall only be made by the Designated Support Contact(s). All information and materials provided to Customer by BestSiteEditor CMS pursuant to this Agreement will be routed to the Designated Support Contact(s). Customer may change the Designated Support Contact(s) upon written notice to BestSiteEditor CMS.
•c. Subject to Customer’s applicable security requirements, provide BestSiteEditor CMS with access to and use of all information and system facilities determined necessary by BestSiteEditor CMS to provide timely Support Services pursuant to this Agreement.
•d. Follow procedures and recommendations provided by the BestSiteEditor CMS Center in an effort to correct problems, including sending files and data requested by BestSiteEditor CMS.
•e. To the best of its abilities, read, comprehend and follow operating instructions and procedures as specified in, but not limited to, the Documentation and other correspondence related to the Product.
•f. Notify BestSiteEditor CMS of a potential "Bug", “Error”, malfunction or other problems in accordance with BestSiteEditor CMS's then current problem reporting procedure. If BestSiteEditor CMS believes that a problem reported by Customer may not be due to a Bug or Error, BestSiteEditor CMS will so notify Customer.


2.4 Exclusions: BestSiteEditor CMS shall have no obligation to support:


•a. Altered, damaged or Customer-modified Product, or any portion of the Product incorporated with or into any other software;
•b. Any version of the Product other than the current version of the Product or immediately previous sequential version of the Product;
•c. Product incidents caused by Customer's negligence, abuse, misapplication or use of the Product other than as specified in the Documentation, or other problems beyond the reasonable control of BestSiteEditor CMS; or
•d. Product installed on any hardware, operating system version or network environment that is not supported by BestSiteEditor CMS;
•e. Questions related to modifications to the product unless a valid and current Developer Support Contract has been purchased;
•f. Configuration of other applications required by the BestSiteEditor CMS application, including, but not limited to Microsoft Windows, Microsoft IIS, SMTP, Microsoft SQL Server, firewalls, or networking components.
•g. Customers needing general training. Training services may be purchased separately or Customer may take advantage of free BestSiteEditor CMS weekly webinars and pre-recorded training videos.


3. TERM AND TERMINATION

3.1 Term: The initial term of this Agreement is one (1) year from the date of purchase, unless terminated earlier in accordance with the terms of this Agreement.

3.2 Termination: BestSiteEditor CMS may suspend or terminate Support Services to Customer if Customer fails to pay his hosting fees as provided in this Agreement in full and by the due date listed on Customer’s invoice, or breaches any provision of this Agreement or the License Agreement, and such failure or breach is not remedied within thirty (30) days after Customer receives written notice thereof. Support Services shall automatically terminate upon termination of the Software License Agreement.

3.3 Reinstatement: If Support Services are terminated for any reason, Customer may reinstate or renew Support Services (at BestSiteEditor CMS's sole option) by paying BestSiteEditor CMS all applicable intermediate and reinstatement Support Services fees.


4. LIMITED WARRANTY

BestSiteEditor CMS warrants that Support Services will be performed with the same degree of skill and professionalism as is demonstrated by like professionals performing services of a similar nature. BestSiteEditor CMS use commercially reasonable efforts to resolve each Support Incident but BestSiteEditor CMS does not warrant that every Support Incident will be resolved. Fees will not be refunded if the Support Incident is not resolved.

EXCEPT FOR THE FOREGOING EXPRESS LIMITED WARRANTY, THE SUPPORT SERVICES ARE PROVIDED “AS IS”, AND BestSiteEditor CMS MAKES NO OTHER WARRANTIES EXPRESS, IMPLIED*, STATUTORY OR OTHERWISE REGARDING THE SUPPORT SERVICES. BestSiteEditor CMS SPECIFICALLY DISCLAIMS ANY IMPLIED* WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE.

*BestSiteEditor CMS disclaims any and all implied warranties except where those exclusions are prohibited by law. BestSiteEditor CMS customers should consult the laws of their jurisdiction for clarification.


5. LIMITATION OF LIABILITY

5.1 Direct Damages: BestSiteEditor CMS'S SOLE LIABILITY AND CUSTOMER'S EXCLUSIVE REMEDY FOR DAMAGES WITH RESPECT TO THE SUPPORT SERVICES UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, SHALL BE LIMITED TO THE AMOUNT PAID BY CUSTOMER FOR THE RAIMAINING TIME OF THE HOSTING.

5.2. Consequential Damages: UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION NEGLIGENCE, SHALL BestSiteEditor CMS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY PUNITIVE OR MULTIPLE DAMAGES OR FOR DAMAGES FOR LOST PROFITS OR LOSS OF DATA, ARISING IN ANY WAY OUT OF THIS AGREEMENT OR THE SERIVCES PROVIDED.


6. ADDITIONAL NOTES

High Priority Service: Support customers have the option to purchase High Priority Service for any single Incident, with the exception of Enhancement Requests, as defined in section 2.2 of these Terms. Upon receipt of applicable fees, BestSiteEditor CMS will classify Customer’s issue, bug, or error as ‘High’ priority, move it to the front of the support queue, and accordingly expedite a solution for the bug, error, or issue. Purchase of a High Priority Service item does not guarantee that the bug, error, or issue will be resolved, though BestSiteEditor CMS will make every reasonable effort to resolve the incident.

All users have access to the "Demo"  of the Product available at http://www.sandbox.bestsiteeditor.com/cgi-bin/editor.pl. BestSiteEditor CMS highly recommends that users learn about the capabilities and limitations of the Product prior purchasing usage of their actual software.

Professional Services: Customers needing additional services or training that fall outside the scope of BestSiteEditor CMS’s Support Services may purchase BestSiteEditor CMS Professional Services on an hourly or project basis (exclusions, limitations, and project minimums may apply). Please contact BestSiteEditor CMS Sales for more information and pricing.

Product Training: Customers needing training services may purchase onsite or webinar-based BestSiteEditor CMS Training on an hourly or daily basis (exclusions, limitations, and project minimums may apply). Please contact BestSiteEditor CMS Sales for more information and pricing. Organizations Support Term Limits