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Phone 801.553.1101

Toll Free 800.368.3487

Fax 801.553.1215

 

608 West 9320 South
Sandy, Utah 84070

 

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Terms of Service

Hosting Services Terms and Conditions

  1. DEFINITIONS.

      "Hosting Services" means the following services:
     
    1. Systems administration tasks performed by Vérité each month to include the following:
      • Daily Backup with a two week tape reserve of all system data
      • Maintenance of operating system, database, and application Server
      • Reasonable assurance of uptime
      • Weekly security patches and system updates
      • 24/7 load and performance monitoring
      • Database integrity verification (i.e. who has access to what data within the system)
  2. SERVICES.
     
    1. Performance of Services. Subject to the terms and conditions of Agreement, including, without limitation, Customer's payment of fees for the Hosting Services set forth, Verite will diligently perform the Hosting Services.
    2. Contacts. Verite can be contacted using the website contact information.
    3. Maintenance and Support Fees. Issues will be billed at $150 per hour. Client must approve any issues that will be charged above $150.
    4. Additional Service Fees. Training Services: $200 per hour.
    SUPPORT.
    1. Help Desk Support.

      Verite will use its reasonable efforts to assist Customer with technical issues relating to the Verite System. Help Desk services are charged at the hourly rate set forth in Exhibit A.  Customer may telephone Verite’s offices for support during Verite’s regular business hours, 8:30 a.m. to 5:30 p.m. Mountain Time on weekdays (Monday – Friday), except holidays.  After-hours, weekend and holiday support is available e-mail or After Hours Support form. Verite will respond to support telephone calls or e-mail contacts based on the following criteria: (a) the order that such calls or e-mail are received; and (b) the relative importance of such calls or e-mail as reasonably determined by Verite. Verite shall make reasonable, good faith efforts to respond technical support requests and to correct errors within 48 hours. This is a normal turn around time for most tickets, however some can take longer.

      Customer agrees to cooperate with Verite in providing documentation and information as Verite may reasonably request, so that Verite can verify and reproduce the reported error.

      Upon receiving notice of an error, Verite will give Customer written acknowledgement of receipt of such notice.  Verite will use commercially reasonable efforts to make such acknowledgement as follows:

      Help Desk Support Levels:

      1st Level Support – The responsibility of 1st level support is to ticket and classify bugs, issues and easy to fix incidents. These issues can be handled at the Help Desk and do not involve developer support. 1st level support also processes your ticket and keeps you informed about the status.

      2nd Level Support – The role of 2nd level support is to support incidents that cannot be solved quickly and involve developer diagnosis and resolution. 2nd level support continues tracking your ticket and keeps you informed about the plan and resolution timeline.

      3rd Level Support - Not everyone contacting the Help Desk has a 1st level support page update, or easy-to-fix bug. Often what you really need is the best advice and consultation on a potential enhancement or other web solutions. 3rd Level Support closes the help desk ticket and assures a cost effective way to keep Help Desk inquiry expenses down, while getting you immediately in contact with your Business Development Professional.

      The full Help Desk Policy can be read at: http://www.verite.com/help-desk

    2. Uptime.

      Verite will use commercially reasonable efforts to make the Verite System available, regardless of hosting arrangement, seven (7) days per week, twenty-four (24) hours per day with a ninety-eight percent (98%) reliability to the Verite System, excluding downtime (i) scheduled in advance for maintenance on a periodic basis, or (ii) due to faults caused by Customer of Customer’s system, or (iii) due to other causes outside of the reasonable control of Verite, including without limitation malfunction or cessation of Internet services by any third party network or ISP.
      In an emergency, the Vérité team can be contacted through the After Hour Support form.

    3. Issue Definition.

      For purposes of the Agreement, the term “Issue” shall mean any maintenance request by a Company employee or Company contractor not relating to an open project.  These types of requests may pertain to copy changes on the system or research into specific candidate concerns.  Issues may be deemed upgrade requests and outside the scope of the maintenance contract by the Vérité team.  If an Issue is deemed an upgrade request, the formal proposal process will be followed.

  3. In consideration of the fees paid by Customer, in addition to the license to access and use the Verite System, Verite will provide Customer with the following support services:
     
  4. OWNERSHIP.
     
    1. Verite Ownership. Verite will own all worldwide right, title and interest in and to any software or other technology developed by Verite while performing the Hosting Services and in any software tools, specifications, ideas, concepts, know-how, processes, and techniques used by Verite in performing the Hosting Services (collectively "Verite Technology"), including all worldwide Intellectual Property Rights therein. Nothing in this Hosting Services Agreement or otherwise shall be deemed to prohibit or limit in any way Verite's right to use the Verite Technology, in whole or in part, to develop Verite products or to develop software for other Verite customers. For the purpose of this Hosting Services Agreement, "Residual Information" means information in non-tangible form, excluding Customer Confidential Information, which may be retained by persons within Verite's organization who have participated in the Hosting Services. Verite will have no obligation to limit or restrict, in any way, the assignment or reassignment of any such persons.
  5. WARRANTY DISCLAIMER.
     
    1. Except as expressly provided in the statement of work, Verite disclaims all warranties, express, implied or statutory, including but not limited to those of merchantability or fitness for a particular purpose.
  6. TERM AND TERMINATION.
     
    1. Term. This Hosting Services Agreement will commence as of the Effective Date and will remain in effect during the term of the Agreement.
    2. Termination. Each party will have the right to terminate this Hosting Services Agreement under the terms of Section 12 of the Agreement. A breach of this Hosting Services Agreement shall constitute a breach under the Agreement.  30 days notice must be given by either party prior to terminating services.
    3. Effect of Termination. Upon any termination of this Hosting Services Agreement, Customer will be responsible for and will pay Verite for all Hosting Services fees and expenses incurred up to the effective date of such termination under the terms specified.
    4. Survival. The rights and obligations of the parties will survive any termination of this Agreement.
    5. Billing. Verite bills for services in advance, for which additional terms are disclosed in individual signed agreements. Verite will send invoices via postal service or email, depending on the terms of individual signed agreements; this method can be changed at any time. We will notify clients an account is due three times:
       
      • With an initial invoice, typically 30 days before an account is due
      • The due date
      • The day before the account will be suspended
      Verite will suspend accounts 7 days after the account is due if payment is not made.

      Verite reserves the right to take whatever actions we deem appropriate or necessary to enforce our Terms of Service. We also reserve the right to change our Terms of Service without notice at any time. The actions we take for violation of our Terms of Service may include account suspension, termination or revocation of access to services. Verite will not issue credits for accounts cancelled or suspended due to Terms of Service violations. 

      Use of this site or our services implies an agreement to these Terms of Service.