The HotPress Web is dedicated to providing you with responsive, high quality assistance so you can operate HotPress Web products with ease and keep them running effectively. HotPress Web provides its support to you subject to the following Terms of Service ("TOS"). You can review the most current version of the TOS at any time at: http://www.hotpressweb.com/support-terms-of-service.
1. HELPDESK SERVICES
Helpdesk services are intended to assist HotPress Web customers troubleshoot and resolve specific issues resulting from use of HotPress Web products on supported platforms.
a. DEFINITION OF SUPPORT
HotPress Web defines a single helpdesk incident as an issue 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 issue may involve other aspects of the product, addressing other aspects constitutes a separate issue and requires an additional support incident. A single helpdesk incident may involve multiple phone calls, emails, and off-line research.
Once an issue is accepted as being within the extent of helpdesk services, resolution of an issue shall be defined as accomplishing any one of the following:
- Providing a reasonable solution to the issue
- Providing a reasonable work-around to the issue
- Determination by HotPress Web that the issue is a product maintenance or training and education request
- Escalation of the incident/product defect to HotPress Web development team for review
HotPress Web will make reasonable efforts to resolve the helpdesk issue but HotPress Web cannot guarantee that every issue will be resolved.
b. EXTENT OF SUPPORT
The following is an outline of the types of services that are typically supported:
- Basic usage questions
- Troubleshooting unexpected behavior
The following items are not generally supported:
- Third party applications, APIs, plug-in or the like
- Alterations or revisions to products made by the customer
- Continued support issues, which HotPress web has provided satisfactory answers to
- Product maintenance or training and education requests
2. PRODUCT MAINTENANCE
Product maintenance is intended to assist HotPress Web customers maintain and expand functionality of HotPress Web products and supported products.
a. DEFINITION OF SUPPORT
HotPress Web defines each maintenance request into a scope of work which includes line item description and labor estimates for each task. Scope of work approval must be received before work will commence.
While the scope of work is a reasonable estimate of tasks and labor, addressing unforeseen tasks or expanded scope requests may require additional labor. HotPress Web may increase labor resources by up to 20% of the original estimate to complete each maintenance request. HotPress Web estimates and invoices labor in 15 minute increments.
HotPress Web will make reasonable efforts to resolve the maintenance request but HotPress Web cannot guarantee that every request will be resolved.
b. EXTENT OF SUPPORT
The following is an outline of the types of services that are typically supported:
- Product management tasks
- Product functionality modifications, fixes, enhancements, and the like
- Content creation, editing, formatting, entry, and the like
The following items are not generally supported:
- Helpdesk services or training and education requests
3. TRAINING AND EDUCATION
Training and education is intended to assist HotPress Web customers minimize helpdesk requests and use HotPress Web products to their fullest potential.
a. DEFINITION OF SUPPORT
HotPress Web defines each training and education request into a scope of work which includes line item description and labor estimates for each task. Scope of work approval must be received before work will commence.
While the scope of work is a reasonable estimate of tasks and labor, addressing unforeseen tasks or expanded scope requests may require additional labor. HotPress Web may increase labor resources by up to 30% of the original estimate to complete each support request. HotPress Web estimates and invoices labor in 15 minute increments.
HotPress Web will make reasonable efforts to resolve the training and education request but HotPress Web cannot guarantee that every request will be resolved.
b. EXTENT OF SUPPORT
The following is an outline of the types of services that are typically supported:
- Product demonstration of features, tasks, work-arounds, and the like
- Product workshops of new versions, strategies, features, and the like
The following items are not generally supported:
- Helpdesk services or product maintenance requests
4. COMMUNICATION
Email is the preferred method of contact for support. All support email requests must be directed to support@hotpressweb.com. Phone support requests are immediately directed to voicemail. All support phone requests must be directed to 303-825-0722. All requests for support must be directed through the proper communication channels. Sending requests elsewhere will hinder our ability to resolve your incident, and may delay the resolution of your incident.
5. REQUEST RESPONSES
Our support staff reviews and prioritizes requests twice a day; once at 10:00am and once again at 2:00pm. Processing requests in this manner makes it easier for us to manage incoming request and gives you a good idea of when to expect an initial response.
6. SCHEDULING
After a request has been received and responded to, it is our commitment to schedule most support requests for completion within two (2) business days. If your request requires more urgency than two (2) business days we do offer quicker scheduling times. Quicker scheduling times are not available to fee-based agreements.
7. HOURS OF OPERATIONS
Support is available Monday through Friday, 9:00am to 5:00pm Mountain Standard Time.
8. HOLIDAYS
Support is unavailable on the following holidays:
- New Year’s Day
- Good Friday
- Independence Day
- Labor Day
- Thanksgiving Day
- Friday after Thanksgiving Day
- Christmas Eve
- Christmas Day
- New Year’s Eve
9. SUPPORTED PRODUCTS
Support is available for the following products:
- HotPress CMS
- Sitefinity CMS
- iContact Email Marketing
- 37signals Basecamp
- 37signals Highrise
- Google Apps
- Gmail
- Google Talk
- Google Calendar
10. USER ENVIRONMENTS
In order for us to properly respond to helpdesk requests, your computer systems must meet or exceeded the following minimum requirements:
a. Operating systems
- Windows XP service pack 2
- Apple OS X 10.3.9
b. Browsers
- Internet Explorer 6
- Firefox 1.5
- Safari 1.3
c. Screen resolutions
d. Network connection
11. PAYMENT
Services are invoiced fifteen (15) days in advanced and payment is due within fifteen (15) days of receipt of invoice. We reserves the right to cease support services without prejudice if any undisputed amounts are not paid when due. Also, as agreed upon under the Hosting Agreement, we also reserves the right to disable any or all parts of your hosting services without prejudice if any undisputed amounts are not paid when due.
12. REIMBURSED EXPENSES
You will reimburse us for any reasonable and necessary cost of travel and out-of-pocket costs for licenses, media, marketing and the like. All non-local trips must be approved by you before commencings.
13. UNUSED INCIDENTS AND HOURS
To ensure our support staff can respond to and resolve each incident in a timely manner, we do not allow for unused incidents to accumulate or roll over to the next month.
14. TRACKING AND REPORTING
We will manage and track all your support requests using the
Basecamp project management platform, and provide you direct access to your project’s
messages, to-do lists, milestones, time tracking, and files. Each month we will deliver to you via
Basecamp and email a summary of the previous month’s activities and charges.
15. TERMINATION
You have the right to terminate your contract for any reason. An early termination fee of 30% of the remaining contract amount will be due no later than 10 business days after the date of termination.
We have the right to terminate your contract for any reason. Full refunds will be given for prepaid months after the current monthly support cycle. No refunds will be given for the remaining incidents in your current monthly support cycle. Refunds will be delivered no later than 10 business days after the date of termination.
16. LIMITATION OF LIABILITY
In no event will either party be liable for any loss of profit or revenue by the other party, or for any other consequential, incidental, indirect or economic damages incurred or suffered by the other party arising as a result of or related to this Agreement, whether in contract, tort or otherwise, even if such party has advised of the possibility of such loss or damages.
17. INDEMNIFICATION
You will indemnify and hold Us harmless from and against any claims by third parties, including all costs, expenses and attorneys' fees incurred (“Damages”), arising out of or in conjunction with (i) Your performance under or breach of any obligation or agreement of this Agreement, and (ii) any actual or threatened claim that the content provided by You to We infringe any intellectual property, including, but not limited to, infringement of any copyright, trademark, patent or trade secret made against We by any third party.
We shall indemnify, defend, and hold You harmless from, and against any and all third party Damages arising out of or resulting from (i) Our performance or breach of any obligation or agreement of We under this Agreement, (ii) any misrepresentation made by We in this Agreement, or (iii) any actual or threatened claim that the Support Services infringe any intellectual property, including, but not limited to, infringement of any copyright, trademark, patent or trade secret made against You by any third party.
18. NON-ASSIGNMENT, SUCCESSORS, THIRD PARTY BENEFICIARIES
Neither party will assign this Agreement, in whole or in part, without the prior written consent of the other party except in cases of merger or any person or entity acquiring all or substantially all of that party’s assets or stock. This Agreement will inure to the benefit of, and be binding upon the parties hereto, together with their respective legal representatives, successors, and assigns, as permitted herein. Nothing in this Agreement shall be deemed to create any rights in third parties or create any obligations of a party to such third parties.
19. SERVABILITY
If any term of this Agreement is found to be unenforceable or contrary to law, it will be modified to the least extent necessary to make it enforceable, and the remaining portions of this Agreement will remain in full force and effect.
20. FORCE MAJEURE
If either party is prevented from complying, either totally or in part, with any of the terms or provisions of this Agreement by reason of fire, flood, storm, or other acts of God, computer virus, war, or accident then upon written notice to the other party, the requirements of this Agreement, or the affected provisions hereof to the extent affected, shall be suspended during the period of such disability. During such period, the party not prevented from complying may seek to have its needs (which would otherwise be met hereunder) met by the other without liability hereunder. The party prevented from complying shall make all reasonable efforts to remove such disability within ten (10) days of giving such notice and the party not prevented from complying pursuant to this Section may terminate this Agreement, without liability, upon expiration of such ten (10) day period. However, Developer agrees to use commercially reasonable efforts to protect the Development Services, information and the Deliverables it has created for Client from any force majeure event including insuring the appropriate information is backed-up and stored at a safe site on a reasonable basis to help protect from such unforeseen events.
21. NOTICE
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.
22. COUNTERPARTS, ELECTRONIC SIGNATURES
This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document. For purposes of this Agreement, signatures delivered by facsimile transmission or other electronic means will be treated in all manner and respects as originals.
23. GENERAL INFORMATION
The TOS and the relationship between you and HotPress Web shall be governed by the laws of the State of Colorado without regard to its conflict of law provisions. You and HotPress Web agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Denver, Colorado. The failure of HotPress Web to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.