Master Service Agreement for our CRM and Contact Management Software | Contactually
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Contactually will promptly notify Customer of any suspension and will work with Customer in good faith to resolve the issues that prompted suspension.
Enterprise Master Services Agreement
Customer will not receive a refund or credit for any period of suspension. Suspension is without prejudice to other remedies available to Contactually for any violation of this Agreement by Customer. Professional Services will be described in an Order or a Statement of Work or both.Zoho CRM Deal To Signed Zoho Sign Contract With Automated CRM Data
Contactually will perform the Professional Services and Customer will pay Contactually the fees designated in the applicable Order. Customer will also reimburse Contactually for all reasonable out-of-pocket expenses actually incurred by Contactually in performance of the Professional Services, which may include reasonable travel and living expenses. Customer acknowledges that Contactually schedules resources in advance and that Contactually would incur significant expenses, including downtime of those resources, if scheduled Professional Services are canceled, delayed, or rescheduled: Contactually reserves the right to suspend or re-schedule any Professional Services if Customer is delinquent on any payment obligations under this Agreement.
Fees and Payment Fees for Services are set forth in the applicable Order. Contactually will invoice Customer the fees for the Subscription Services in advance except for the addition of User Accounts and for the Professional Services in arrears, or as otherwise set forth in an Order.
Customer will pay for each User Account active or frozen during the month, but not less than the minimum number of active User Accounts set forth in the Purchase Order. If User Accounts are added, the fee will be pro-rated from the date the User Account is activated, and will be included in the next invoice issued by Contactually. Unless stated otherwise in the Order, Customer shall pay all fees and expenses without setoff, deduction, or delay within 15 days of receipt of invoice by ACH as provided in the invoice.
All fees are non-refundable. Any late payments shall be subject to a service charge equal to 1. The fees for the Subscription Service are fixed for the Initial Term.
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Customer is required to pay any sales, use, GST, value-added, withholding, or similar taxes or levies, whether domestic or foreign, other than taxes based on the income of Contactually. Contactually expressly retains all rights, title, and interest to the Subscription Service and Documentation and any improved, updated, modified or additional parts thereof.
Any Intellectual Property produced, conceived, or otherwise developed by or for Contactually hereunder shall be the exclusive property of Contactually. As between the parties, Customer shall retain all right, title and interest including any and all intellectual property rights in and to the Customer Data.
Customer hereby grants to Contactually a non-exclusive, worldwide, royalty-free right to use, copy, transmit and publicly perform and display the Customer Data solely to the extent necessary to provide the Services to Customer.
Contactually may in connection with any of its products or services freely use, copy, disclose, license, distribute and exploit any Feedback in any manner without any obligation, royalty or restriction based on intellectual property rights or otherwise.
Customer relationship management
This is a subscription agreement for access to and use of the Subscription Service and not an agreement for sale. Customer agrees that Contactually or its suppliers retain all right, title and interest including all patent, copyright, trademark, trade secret and other intellectual property rights in and to: Further, Customer acknowledges that the Subscription Service is offered as an on-line, hosted solution, and that Customer has no right to obtain a copy of any underlying code or element of the Subscription Service itself.
The Receiving Party shall use at least the same degree of care to protect the Confidential Information of the Disclosing Party from unauthorized disclosure or access that the Receiving Party uses to protect its own Confidential Information, but not less than reasonable care.
The terms of this Agreement are the Confidential Information of both parties, which may be disclosed by a party, only to the extent reasonably necessary, to its legal and financial advisors and to subcontractors or other third parties that will be providing services in connection with the Agreement and who are under an obligation to protect the confidentiality of the Confidential Information.
Any particular information of the Disclosing Party shall not be considered Confidential Information if it: Nothing contained in this Section shall be construed as obligating a party to disclose its Confidential Information to the other party, or as granting to or conferring on a Party, expressly or impliedly, any rights or licenses to the Confidential Information of the other party.
Nothing contained in this Section shall be construed as limiting or diminishing in any respect the scope of any licenses granted under this Agreement. Each Party hereby represents and warrants that: Except for the express warranties set forth in this agreement and to the maximum extent permitted by applicable law, each Party disclaims any and all other representations and warranties, whether express, implied or statutory, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, data accuracy, system integration, title, non-infringement or quiet enjoyment.
No warranty is made by either Party on the basis of trade usage, course of dealing or course of trade.
Without limiting the foregoing, Contactually does not warrant that all errors can be corrected, or that operation of the Services shall be uninterrupted or error-free. Except with respect to breaches of confidentiality and indemnification obligations, the cumulative liability of a Party for all claims arising from or relating to this agreement, including, without limitation, any cause of action sounding in contract, tort, or strict liability, shall not exceed the amounts paid or payable under this Agreement during the 12 month period.
Customer, at its own expense, will indemnify, defend, and hold harmless Contactually, its affiliates, and its and their officers, directors, employees and agents, from and against any loss, demand, cause of action, debt or liability ordered by a court or agreed upon in settlement arising out of a third-party claim resulting from: Client information on the service purchased, the document will be used to document the program and the safety of all will benefit from the process entirely assume, for that matter disclaims any responsibility for the dots, acceptance and commitment.
The service received by the customer for any reason does not work that may occur or become unable to handle GD ANGEL is not responsible for storing the data received by the Customer Or, on a regular basis. Customer services under the contract without GD ANGEL written consent of third parties computer belonging to a third party receives services such can not be delegated to institutions, user accounts and other networks to access behavior in ways unauthorized and illegal also can not use the activities identified as factors helping to facilitate these roads.
GD ANGEL moment the arrival of a situation contrary to this provision may terminate the contract without the obligation to pay compensation under any name. Customer itself itself is responsible for its operations with its own user account. Customers of other documents from these data certainly agree that the evidence of nature, and warrants.
Apart from the technical support hours to any action and support requests will be considered unsolicited. GD ANGELin their own environment and caused by the defect occurs in the physical machine is committed to the elimination of hardware and software-related problems that may occur. GD ANGELtechniques that may be beyond the technical faults and GD ANGEL control may occur in the telecommunications infrastructure of the commitment that forms the subject of this agreement in case of failure to perform timely because of the problems can not be held responsible.
However, the reason for failure to fulfill disruption and timely service from the end of the technical problems resulting from a third person, lacking time and can not be service and commitment, are still provided that the exercise can be, will be fulfilled in the shortest possible time by GD ANGEL.
In such a situation it can not be found in customer refunds and similar demands.
Customers also for the next period of payment and billing procedures declares the basis of the records in the database of GD ANGEL seconds. Caused by the GD ANGEL and the customer is obliged all failures to resolve the customer will be formed its own and is not a responsibility of the dots on this issue.
The contract is to continue to be collected from the end of the contract price erdirilmedik by way of credit card customers in accordance with this Agreement shall be taken into account, and so claims the use of the service.