Posted March 27th, 2019
1st-Level Support, when applicable, can be obtained by contacting the authorized Arena Edge Reseller from which the End User purchased the Customer Assurance contract. 1st-Level Support is available during regular business hours, but in no event less than Monday through Friday, 9:00am – 5:00pm CST (excluding holidays). When 1st-Level Support does not resolve the problem, 2nd-Level Support can be obtained from Arena Edge by calling (512) 220-2160 Monday through Friday, 7:00am – 7:00pm CST (excluding holidays).
Arena Edge works to resolve all submitted cases as quickly as possible. Resources will be dedicated to problem resolution within Arena Edge’s standard operating hours. For matters of extreme severity such as system-wide outages, resources may be dedicated outside of standard operating hours, at Arena Edge’s discretion. Arena Edge will extend its best reasonable efforts when providing technical support services to the End Customer. However, Arena Edge does not guarantee that it can or will correct all problems or errors nor does Arena Edge guarantee the time frame within which it will undertake to resolve or address problems or errors.
customer Care Renewals
Each Customer Care contract is for the period indicated on the Purchase Notification and is renewable annually. Renewal charges for subsequent years are calculated based on the prevailing support rate on the contract anniversary date.
Arena Edge warrants that the services provided under this agreement shall be performed with that degree of skill and judgment normally exercised by recognized software companies performing services of the same or substantially similar nature. ARENA EDGE MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES PROVIDED UNDER CUSTOMER CARE AND EXPRESSLY DISCLAIMS ANY AND ALL SUCH WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
LIMITATION OF LIABILITY
Under no circumstances and under no legal theory, tort, contract, or otherwise, shall Arena Edge be liable to End User or any other person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses, or for any damages in excess of the fees paid to Arena Edge by End User for the then-current Customer Care term even if Arena Edge shall have been informed of the possibility of such damages, or for any claim by any other party. This limitation of liability shall not apply to liability for death or personal injury to the extent applicable law prohibits such limitation. Some states and/or countries do not allow the exclusion or limitation of incidental or consequential damages, so this limitation and exclusion may not apply to End User.
End User may only assign its rights and obligations in regard to Customer Care as part of the sale or transfer to an acquiring entity of substantially all of the assets of End User’s business operations in which the Arena Edge platform is deployed, and any assignment shall require notification in writing to Arena Edge.
The terms and conditions herein shall be governed, construed, and enforced in accordance with the laws of the State of Texas.
At all times the relationship of Arena Edge to End User shall be that of an independent contractor. Nothing in this document shall be construed to create any partnership, association, joint venture, or employment between the parties.
Neither party shall be responsible for delays or failure of performance resulting from acts beyond the reasonable control of such party. Such acts shall include, but not be limited to, acts of God, strikes, walkouts, riots, acts of war, epidemics, failure of suppliers to perform, governmental regulations, power failures, earthquakes, or other disasters.
This document represents the complete agreement between the parties and supersedes all prior agreements and representations between them, including but not limited to End User’s purchase orders. It may only be modified or superseded by a written amendment executed in writing by both parties, or a more current replacement of this Customer Care Terms & Conditions document as issued by Arena Edge upon End User’s renewal of Customer Care.
If you have questions about any of the provisions above, please contact us at firstname.lastname@example.org or you may contact us at: Arena Edge,Inc. | 4005 Banister Ln Suite 150 | Austin, TX 78704.