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This terms of service agreement govern your access to, and use of, the websites, services, and applications that are owned, operated, or provided by or on behalf of BigSynapps.
By using “Our Services” (as defined below) you agree to be bound by the following terms and conditions (“Terms of Service”).
We develop and make available to you scripts, apps, and integrations that are designed to enhance your eCommerce platform. Our eCommerce integrations are built to provide additional value-add features to your existing storefront. In some cases, our integrations may permit you to receive, sell, and otherwise use the material (“Uploaded Content”) that is uploaded by third parties (“Content Uploaders”).
The specifics of each aspect of the Services are posted on our website, as we may amend them from time to time, as well as in any applicable statement of work we may issue to you, in respect of the Services. When you engage us to custom develop Services, the details of our engagement will be governed by any additional documents and agreements as part of that engagement.
BigSynapps shall use commercially reasonable efforts to provide technical support for Services. We are not responsible for providing technical support for any apps, products, integrations, or services provided to you by third parties.
BigSynapps grants to The Client, and The Client accepts, a non-exclusive, non-transferable right and license to use BigCommerce Connector for NetSuite solely for The Client’s and its Aliates’ internal business operations. At its sole cost and expense, The Client shall be responsible for providing and maintaining all necessary computer hardware, software (such as operating systems and web browsers), and telecommunications equipment required for its access to and use of BigCommerce Connector for NetSuite.
Project timeline estimates are based on the availability of client resources and key decision-makers. Lack of access to project stakeholders will impact project timelines and costs if decisions cannot be made in a timely fashion. BigSynapps will need access to The Client‘s systems as defined on the scope above in order to implement BigCommerce Connector for NetSuite. The Client accepts to provide BigSynapps with these accesses that may be required to enable the implementation of BigCommerce Connector for NetSuite in The Client’s Account.
BigSynapps may also need to update the functionality and user interface of BigCommerce Connector for NetSuite from time to time in its sole discretion and in accordance with this agreement as part of its intention to improve BigCommerce Connector for NetSuite and The Client’s use of BigCommerce Connector for NetSuite. For this purpose, The Client would be required to provide BigSynapps access to its systems for any updates, and upgrades subsequently provided by BigSynapps.
The term of this Agreement will begin upon document sign-off and shall continue thereafter for a period of three (3) years, automatically renewed for equal and successive three-year periods, unless either party gives the other not less than thirty (30) days written notice, prior to the scheduled expiration or upon completion of the annual periods, of termination or modification of this Agreement. All outstanding balances will become immediately due.
Appropriate testing and acceptance of custom scripting solutions or other customization is the responsibility of The Client. Such testing must be done by The Client to report any error or deficiency to BigSynapps before the solution is released.
BigSynapps warrants that BigCommerce Connector for NetSuite will achieve the functionality applicable to BigCommerce Connector for NetSuite as stated in the scope above, purchased by The Client. The Client’s sole and exclusive remedy for BigSynapps’s breach of this warranty shall be that BigSynapps shall be required to use commercially reasonable efforts at their own cost to modify BigCommerce Connector for NetSuite to achieve in all material respects the documented and contracted functionality.
If BigSynapps is unable to restore such functionality, The Client shall be entitled to terminate the agreement and receive a pro-rata refund of the fees paid under the agreement for its use of BigCommerce Connector for NetSuite for the terminated portion of the Term. BigSynapps shall have no obligation with respect to a warranty claim unless notified of such claim within 60 (sixty) days of the first instance of any material functionality problem, and such notice must be sent to: support@bigsynapps.com.
We reserve the right to modify, update, remove or disable access to BigCommerce Connector for NetSuite, without notice to you, and we will not be liable to you if we exercise those rights. When you purchase a particular product, you are purchasing the right to use that product as of the time you purchase it. You are not paying for the right to any updates, upgrades, or future versions of the products, though we may make such updates, upgrades, or future versions available to you, at our sole discretion. We do not warrant, represent or undertake to provide any updates and in no event shall we be liable to you for our failure to do so.
We are not a party to any relationship between you and any third party, including, but not limited to, you and your eCommerce platform, ERP, Email Marketing Software, or you and your customers (your “Customers”), and as such, we have no responsibility to you as regards to your relationships with these third parties. You acknowledge and agree that you have no recourse against us for any acts or omissions of third parties, and your interaction with third parties is entirely at your own risk.
BigSynapps’s provision of BigCommerce Connector for NetSuite hereunder includes guidance on how it functions. The Scope does not include training on NetSuite CRM, ERP, Email Marketing Software, Financials or SuiteCloud technology as well as any other 3rd party product(s).
BigSynapps shall be treated as an Independent Contractor and not as an Employee of The Client for all purposes. BigSynapps shall not hold itself out as an employee, partner, or agent of The Client.
The Client agrees that it will not, directly or indirectly solicit, attempt to solicit, or engage in solicitation activities with employees, sub-contractors, or consultants of BigSynapps. This also applies to BigSynapps ex-employees that while working at BigSynapps worked on The Client project. Failure to comply with this paragraph gives BigSynapps the right to seek emergency injunctive relief and damages towards The Client.
This agreement provides to The Client a limited license only. BigSynapps retains all rights; under this agreement, The Client does not acquire any rights of ownership in BigCommerce Connector for NetSuite.
The Client acquires only the perpetual right to use BigCommerce Connector for NetSuite subject to the terms of this agreement. The Client acknowledges and agrees that the code contained in BigCommerce Connector for NetSuite is owned by BigSynapps, and The Client cannot copy, distribute, adapt or alter it.
Fees must be paid promptly through wire transfer, ACH, credit card, or PayPal (within 5 days of invoice delivery). If a fee is not paid the BigSynapps reserves the right to cancel this contract immediately. Rates are subject to increase annually.
In no event will BigSynapps be liable to The Client or any third party for any damages, including any lost profits, lost savings, or other incidental, consequential or special damages arising out of the operation of or inability to operate the website, even if BigSynapps has been advised of the possibility of such damages.
This service level agreement (the “Client SLA”) shall be used to describe BigSynapps responsibilities with respect to service availability and resolving incidents. Any capitalized terms used but not defined herein shall have the meaning set forth in the Agreement.
For purposes of this Client SLA, the following definitions shall be used:
a. — “Business Hours” means 9:00 AM UTC-5 to 05:00 PM UTC-5 from Monday through Friday, without exception (including local, national, or international holidays).
b. — “BigSynapps Initial Response” means a verbal, written, or electronic response to an Initial Notice, in each case non-automatic, from BigSynapps team to Client regarding a reported or discovered Error that details its Severity Level and provides a general approach for next steps.
c. — “BigSynapps Final Resolution” means a permanent fix to the Error to bring the BigSynapps product functionality back into a resolved state.
d. — “BigSynapps Services” means the product scope described in the initial agreement.
e. — “BigSynapps Temporary Resolution” means a temporary fix or patch to the Error to bring BigSynapps Services functionality back to a resolved state until a Final Resolution is available.
Client will provide BigSynapps with access to the BigCommerce and NetSuite instances seven (7) days per week, twenty-four (24) hours per day.
BigSynapps shall perform periodic maintenance on the BigSynapps Services for purposes of system upgrades, maintenance, and backup procedures. When commercially reasonable, Client will perform such maintenance without disrupting access to the BigSynapps Services. Where access needs to be disrupted (“BigSynapps Scheduled Downtime”), Client shall: (i) where possible, perform such maintenance during low usage periods; (ii) where possible, provide reasonable advance notice to Client of the BigSynapps Scheduled Downtime; (iii) use commercially reasonable efforts to limit the amount of BigSynapps Scheduled Downtime. BigSynapps Scheduled Downtime shall not exceed four (4) hours per month.
BigSynapps will use commercially reasonable efforts to provide Client and Partners with:
a. — all necessary resources to support the BigSynapps Services with respect to the BigSynapps Product purchased; and
b. — support to assist in identifying and resolving errors with respect to the BigSynapps Product through email and BigSynnaps’ Customer Portal.
A.
Incident Severity
Client acknowledges and agrees that there may be defects in the BigSynapps Services or defects in features within the BigSynapps product or one of the systems being integrated that directly impact the performance of the BigSynapps Product and prevent it from performing as accepted (“each a BigSynapps Error”). Errors may include NetSuite tier base concurrency limits, NetSuite, BigCommerce or other APIs involved. When Client initially detects, or when BigSynapps initially reports to Client, an Error, (“BigSynapps Initial Notice”) BigSynapps will promptly classify the Error in accordance with the severity levels set forth in Table A1 below (each a “Severity Level”).
| Severity Level Guidelines | |
|---|---|
| The issues and their severity are pertaining to the BigSynapps product. It does not contemplate issues caused or reported by the other systems involved like NetSuite or BigCommerce. | |
| Severity Level | Definition |
| Severity 1 | A critical problem in which the BigSynapps product is down, inoperable, inaccessible, or unavailable, (ii) otherwise materially cease operation, or (iii) perform or fail to perform so as to prevent useful work from being done. |
| Severity 2 | A problem in which the BigSynapps product (i) is severely limited or major functions are performing improperly, and the situation is significantly impacting certain portions of Client’s operations or productivity, or (ii) have been interrupted but recovered, and there is high risk of recurrence. |
| Severity 3 | A minor or cosmetic problem with the BigSynapps product that (i) is an irritant, affects non-essential functions, or has minimal operations impact, (ii) is localized or has isolated impact, (iii) is a nuisance, (iv) results in visual errors, or (v) is otherwise not Severity 1 or Severity 2, but represents a failure of BigSynapps product to conform to specifications. |
B.
Incident response
If Initial Notice occurs during Business Hours, BigSynapps will provide service within BigSynapps Initial Responses, Temporary Resolutions, and Final Resolutions within the timeframes provided in Table B1 below.
| Table B1 – Incident Response for Initial Notices within Business Hours | |||
|---|---|---|---|
| Severity Level | Initial Response | Temporary Resolution | Final Resolution |
| 1 | 3 hours | 12 hours | 7 days |
| 2 | 6 hours | 36 hours | 10 days |
| 3 | 34 hours | 5 days | 21 days |
If Initial Notice occurs outside of Business Hours, BigSynapps will provide service within BigSynapps Initial Responses, Temporary Resolutions, and Final Resolutions within the timeframes provided in Table B2 below.
| Table B2 – Incident Response for Initial Notices outside of Business Hours | |||
|---|---|---|---|
| Severity Level | Initial Response | Temporary Resolution | Final Resolution |
| 1 | 12 hours | 24 hours | 7 days |
| 2 | 18 hours | 3 days | 10 days |
| 3 | 34 hours | 5 days | 21 days |
This Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your information when You use the service and tells You about Your privacy rights and how the law protects You.
By using our connector, you, at this moment, consent to our Privacy Policy and agree to its terms.
We only ask for personal information when we truly need it to provide a service to you. We collect it by fair and lawful means, with your knowledge and consent. We also let you know why we’re collecting it and how it will be used.
If you contact us directly, we may ask for information about you, such as your name, email address, phone number, the contents of the message or attachments you may send us, and any other information you may choose to provide.
You are free to refuse our request for your personal information, with the understanding that we may be unable to provide you with some of your desired services.
Your continued use of our service will be regarded as an acceptance of our practices around privacy and personal information. If you have any questions about how we handle user data and personal information, feel free to contact us.
Under the CCPA, among other rights, California consumers have the right to:
If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us.
We would like to make sure you are fully aware of all of your data protection rights. Every user is entitled to the following:
If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us.
BigSynapps is powered by Tavano Team, an award-winning, leading eCommerce digital agency, and long-time partners of BigCommerce and Oracle-NetSuite.
Their team of NetSuite Professionals will set up the sync between BigCommerce and NetSuite seamlessly, without third-party elements.