This agreement is between Shubhankar Chakraborty ("we") and the business that orders RoseSpark CRM ("you"). It applies together with your accepted proposal or order, our data processing agreement and our refund policy. If they conflict, the signed proposal wins, then this agreement.
1. The service
- We set up and run one private CRM server for your business, with the features of the current version (see What's in v1 and v2).
- Your business may give access to any number of its own staff and invite its clients to the client portal. The CRM is for your own business; you may not resell it or give it to another business.
- The software stays ours. You receive the right to use it while this agreement runs; you do not receive the software itself or its code.
2. Fees
- First year: $599, including setup, 12 months of updates and email support.
- Each following year: $149 for updates and email support, if you renew.
- Hosting of your private server: $15 a month, billed yearly; $25 a month for the bigger server needed for call transcription or more than about 30 users.
- Prices are in US dollars and exclude taxes; customers in India pay 18% GST. Fees are invoiced in advance and due within 14 days.
- Your own providers charge you directly for phone minutes, SMS and WhatsApp messages, mailboxes, domains and payment fees.
3. Updates and security
- While your updates are active we install new versions for you, after a backup.
- If you do not renew updates, the CRM keeps working on its current version and we still apply security fixes while your hosting is paid.
- We keep your server updated and monitored, back it up every night (encrypted, with an off-site copy) and test a restore every week.
4. Support
Email support during Monday to Friday, 9 pm to 6 am India time (IST). We aim to reply within one business day. Support covers using the CRM and problems with the service, not running your outreach or your providers' accounts.
5. Your responsibilities
- Use the CRM lawfully – in particular the laws on email, calls, SMS and WhatsApp marketing, consent and data protection in the countries you contact.
- Keep your logins safe and give access only to people who need it; we recommend two-step login.
- Keep your own provider accounts (mailboxes, calling, messaging, payments) in order and pay their charges.
6. Your data
- The data in your CRM is yours. We process it only to provide the service, as set out in the data processing agreement.
- Your Super Admin can export your contacts, companies and deals at any time.
- When the agreement ends we give you a full export on request and delete your server and its backups 30 days after the end date.
7. Availability
We take care to keep your CRM available, but we do not promise uninterrupted service. We plan updates and maintenance outside your business hours where we can and tell you in advance about planned downtime.
8. Term, renewal and cancellation
- The agreement starts when you accept the proposal and runs for the first year, then for one year at a time while you renew updates or hosting.
- Either side may end it at the end of a paid year with 30 days' written notice. Refunds follow the refund policy.
- We may suspend the service after 30 days of unpaid invoices, after giving you notice, and end it if they stay unpaid.
9. Confidentiality
Each side keeps the other's confidential information confidential and uses it only for this agreement.
10. Liability
As far as the law allows, neither side is liable for indirect or consequential losses, lost profits or lost data that a backup could have restored, and each side's total liability is limited to the fees you paid in the 12 months before the claim. Nothing limits liability that cannot be limited by law.
11. Law and courts
This agreement is governed by the laws of India. Disputes go to the courts at Kolkata, West Bengal, including the High Court at Calcutta, which have exclusive jurisdiction.
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