Terms & conditions
1. The Scope and prerequisites of the Beta Test Agreement
The purpose of this Agreement is to set out the responsibilities and obligations of the parties in connection with the testing of new software Services developed by SuperOffice AS.
Prior to signing this Beta Testing Agreement, the Customer must have signed the standard SuperOffice CRM Online Agreement in which commercial terms are specified and agreed on. This contract enters into effect when the final Service is released and the Beta Test Agreement is terminated. Customer shall not pay any Software Service fees until this date. The Agreement does not include any training or consultancy services. Such services are delivered according to the signed SuperOffice CRM Online Agreement.
The Beta Test Agreement applies solely to test-related activities. The Agreement does not therefore cover Customer’s ordinary use of previously released software or services. Such use is assumed to be covered by the terms of previously signed agreements.
The period of the Agreement is defined as the period between the signing of this document and the final release of the Service.
2. The Beta Test
The test is a trial of an unreleased software Service. This test forms part of the SuperOffice release procedure, the purpose of which is to ensure that the software meets SuperOffice and market quality-requirements. The Service undergoes SuperOffice in-house testing prior to being sent out for testing by select users.
Notwithstanding performance of an in-house test; errors, performance- and stability issues may still be present. Customer should be aware of this, since Customer bears all risk for damages and losses resulting from errors in the service. See also next section.
SuperOffice uses the results of the Beta Test as part of the basis for a decision on when to release the Service for ordinary sale and distribution. Knowledge of what has been tested by Customer and with what results, is therefore a prerequisite for SuperOffice evaluation of the quality of the Service. Much importance is therefore attached to the feedback from Beta testers.
The SuperOffice contact shall assist Customer in organizing the practical work in such a way that it is convenient for Customer to carry out the test and provide feedback. On completion of the test, Customer, in conjunction with the SuperOffice Contact, shall produce a final report with concluding remarks of Customer experiences.
3. Customer’s precautions and risks
If Customer opts to put the Service into an actual production scenario, this shall be at Customer’s own risk.Customer shall have no recourse to raise any financial claim whatsoever against SuperOffice as a result of faults in the Service. This applies both to consequential and inconsequential losses. SuperOffice undertakes at all times to back up data so as to ensure that an error-free database/operating environment can be restored in the event of faults.
4. Customer’s responsibilities and obligations
- Customer shall provide SuperOffice with updates and information on test results and shall attend progress meetings when these are convened.
- Customer shall document the test results as they are obtained in a test log.
- Customer is not entitled to remuneration for test work.
- Customer must observe duty of confidentiality with respect to all information about the Service and the results of the Beta Test. Any documentation and software Services issued in connection with this Agreement are the property of SuperOffice and must not be copied or assigned to a third party.
- Customer must obtain the right to use the released version of the tested Service on ordinary commercial terms
- Customer allows SuperOffice to use company name and general use of the Service in marketing and reference material.
5. SuperOffice responsibilities and obligations
- The SuperOffice contact shall assist in solving any problems that might arise in this Beta Service and that prevent the progress of the Beta tests.
- SuperOffice will correct faults in the Service as and when found and release new versions once these have undergone new in-house tests.
- SuperOffice encourages Customer to offer suggestions for improvements to the Service, but reserves the right to make the final decision on whether or not to implement any such suggestion.
- Super Office representatives shall observe duty of confidentiality with respect to any knowledge and information concerning Customer’s organization and business affairs to which they become party.
6. Release of the Service
If SuperOffice does not deem the Beta-tested software to be fit for release or if release of the Service is delayed in respect of advertised dates, Customer shall have no recourse to raise any claim for compensation or the like against SuperOffice. If Customer has paid for the Service and this is not released for general sale (withdrawn), Customer shall be reimbursed of the purchase price amount.
Both parties may terminate this Agreement with immediate effect upon written notice. The reason for termination must be documented. Both upon termination and upon completion of the test, Customer is required to return any materials issued in connection with the test.
The parties agree that they will use their best efforts to amicably resolve any dispute. Any dispute that cannot be so resolved shall be settled by arbitration.
9. Entry into force and validity
The Agreement enters into force once the customer confirmed that they have read and accepted this Agreement. The Agreement applies to the specified Beta Test and shall be terminated once the Beta Test period has been completed and evaluated, see “Customer’s responsibilities and obligations”. The mutual duty of confidentiality survives termination of the Agreement.