Software Simplified = Robust Platform + Agile Development + Low Cost

Agreement for ExcelCRM, a product of Radam Technologies Pvt. Ltd. (hereinafter known as RadamTech) Service

By clicking the Submit button in the Order page or placing an order against the proposal/quote by making any payment, you agree to the following terms and conditions (the Agreement) governing your use of RadamTech’s Online Service, including Offline components, if any (collectively, the Service). If you are entering into this agreement on behalf of a company, then you represent that you have the authority to make purchase decisions for the company and all references to you shall refer to your company.

Welcome

As a subscriber to ExcelCRM, RadamTech will provide hosting, data encryption, access and storage. If you are registering for the 30-day free trial, then neither you nor RadamTech will have obligations to one another beyond the original 30-day trial unless you convert to a paid subscription within one month following the end of the free trial.

Privacy and Security

RadamTech believes that you should have full access to, and control over, your sensitive data, and that your data must be kept secure at all times. For more information, see the ExcelCRM Privacy Statement and Security Statement that are publicly available at www.radamech.com. RadamTech reserves the right to update the ExcelCRM privacy and disclosure agreements without prior notice. You will be given the opportunity to register for ExcelCRM marketing updates and information, but you may opt-out of such e-mailings at any time. You hereby grant to RadamTech the right to disclose that you are an ExcelCRM subscriber.

License Grant and Restrictions

RadamTech grants you global rights to use of the ExcelCRM service for the number of users for which you are subscribed. The term “license” will be synonymous with “subscription” used throughout the rest of this agreement. An authorized ExcelCRM Administrator may authorize additional licenses.

This license is non-exclusive and non-transferable. The rights are for your own internal uses. The user license is good for one user only, and may not be shared by multiple users. However, an account may be adopted by a new staff member upon the departure of a previous member.

You may not access the Service if you are a direct competitor of ExcelCRM, except with RadamTech’s prior written consent. In addition, you may not access the Service for purposes of monitoring its availability, performance or functionality, or for any other bench-marking or competitive purposes.

You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Content in any way; (ii) modify or make derivative works based upon the Service or the Content; (iii) create Internet “links” to the Service or “frame” or “mirror” any Content on any other server or wireless or Internet-based device; or (iv) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features, functions or graphics of the Service. User licenses cannot be shared or used by more than one individual User but may be reassigned from time to time to new Users who are replacing former Users who have terminated employment or otherwise changed job status or function and no longer use the Service.

You are prohibited from using the ExcelCRM service to violate applicable laws. You cannot impersonate another user; send Spam or other unsolicited commercial messages; store or send obscene, threatening, libelous, or other material that is unlawful or in violation of privacy rights; send or store harmful computer code such as viruses or Trojan horses or files that contain them; interfere with the performance of ExcelCRM or attempt to gain unauthorized access to ExcelCRM or related networks.

Any rights not specifically granted in this agreement are reserved by RadamTech.

Upgrades and Updates in Service

As part of your service agreement, RadamTech reserves the right to periodically update your subscription service. You may experience brief interruptions in service while updates are being implemented throughout the system. RadamTech reserves the right to increase your subscription service dues and fees in line with regular subscription service upgrades and price increases throughout the system. This increase would be made applicable for the following period that has not previously been pre-paid (quarterly or annually).

Responsibilities

You agree to provide accurate billing and account data with your subscription. You are responsible to abide by local and international laws in the use of the ExcelCRM service. Should you be aware of data or password(s) that have been compromised, you are forbidden from distributing that information and are responsible to notify RadamTech immediately at excelcrmsecurity@radamtech.com.

You are responsible for all activity occurring under your subscribed User accounts and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Service, including those related to data privacy, international communications and the transmission of technical or personal data. You shall: (i) notify RadamTech immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to RadamTech immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by you or your Users; and (iii) not impersonate another ExcelCRM user or provide false identity information to gain access to or use the Service.

Account Information and Data Ownership

RadamTech does not own any data, information or material that you submit to the Service in the course of using the Service (Customer Data). You, not RadamTech, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Data, and RadamTech shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Data. In the event this Agreement is terminated (other than by reason of your breach), RadamTech will make available to you a file of the Customer Data within 30 days of termination if you so request at the time of termination. RadamTech reserves the right to withhold, remove and/or discard Customer Data without notice for any breach, including, without limitation, your non-payment. Upon termination for cause, your right to access or use Customer Data immediately ceases, and RadamTech shall have no obligation to maintain or forward any Customer Data.

Intellectual Property of the Service

The ExcelCRM service, images, and application are the sole property of RadamTech and its licensors, if applicable. RadamTech owns all right, title and interest, including Intellectual Property Rights, in and to the ExcelCRM technology, the Content and the Service and any suggestions, ideas, enhancements, requests, feedback, recommendations or other information provided by you or anyone else relating to this Service, This agreement is not a sale and does not give you any rights of ownership related to the Service, the ExcelCRM or RadamTech, or the Intellectual Property Rights owned by RadamTech. Contributions made through the RadamTech Channel Partner Network are the property of RadamTech.

Third Party Activities

RadamTech may allow third parties to offer related products or services that are of value to our subscribers. Any interaction between yourself and a third party is solely between you and the third party and not RadamTech or the ExcelCRM service.

Payments

You shall pay all fees and charges to your account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. All payment obligations are non-cancelable and all amounts paid are non-refundable. Licenses in the middle of a billing cycle will be prorated.

Each account will be charged for the number of ordered subscription seats, not for the number of currently Active users. Should a new user be added and no subscription seats are available, the administrator will be prompted to acknowledge the addition of one additional paid subscription seat for that new user. Subscription seats are independent of users and are not automatically decreased when users are made inactive. Administrators can decrease the number of subscription seats they require down to the total number of currently active users.

RadamTech reserves the right to modify its rates as needed. You will receive 30 or more days advance notice of any such changes by e-mail or within your account. Your account terms are confidential and you agree not to disclose them to third parties. Renewals will be the current charge for the billing term, multiplied by the number of ExcelCRM subscription seats.

If there is a problem with your bill, contact excelcrmbilling@radamtech.com within 30 days of the bill in question.

Storage Fees

Each organization will have 50GB of storage space to use to store all data, documents, email, pictures, and any other items included for use throughout the system. Additional storage can be purchased per user at the then current Storage fees. We reserve the right to increase additional excess storage fees in the future should it become necessary. RadamTech will make all reasonable efforts to inform you when the average storage used reaches approximately 90% of the maximum; however, any failure on RadamTech’s to notify you, shall not affect your responsibility for such additional storage charges.

Billing, Renewal and Taxes.

RadamTech charges and collects in advance for use of the Service. RadamTech will automatically renew and bill your credit card or issue an invoice to you each billing term. The renewal charge will be equal to the then-current number of total User licenses multiplied by the license fee in effect during the prior term, unless RadamTech has given you 30 day prior notice of a fee increase, which shall be effective upon renewal and thereafter. Fees for other services will be charged as quoted.

RadamTech’s fees are exclusive of taxes, levies or duties imposed by taxing authorities. You will be responsible for payment of all such taxes, levies or duties, excluding only Indian income taxes based solely on RadamTech’s income.

You agree to provide RadamTech with complete and accurate billing and contact information. This information includes your legal company name, street address, e-mail address, and name and telephone number of an authorized billing contact and License Administrator. You agree to update this information within 30 days of any change to it. If the contact information you have provided is false or fraudulent, RadamTech reserves the right to terminate your access to the Service in addition to any other legal remedies.

Non-payment and Suspension

You agree that RadamTech reserves the right to suspend or terminate this Agreement and your access to the Service if your account falls into arrears. RadamTech reserves the right to charge you a reconnection fee in the event that your account is suspended and you thereafter request access to the Service. Non-paid invoices will attract a finance charge of 1.5% percent per month which will be accrued until payment in full has been received. You will also be charged for all expenses of collection. If your account is cancelled by RadamTech for activities in violation of this agreement, you will be required to pay the remaining balance due, be subject to credit reporting, or both. If you or RadamTech initiate termination of this Agreement, you are obligated to pay the balance due on your account. You agree that RadamTech may charge your credit card for any unpaid balances or bill you by other means.

You agree and acknowledge that RadamTech has no obligation to retain Customer Data and that such Customer Data may be irretrievably deleted if your account is in arrears for more than 30 days.

Termination upon Expiration / Reduction in number of licenses

This Agreement commences on the Effective Date. The Initial Term will be as you chose during the online subscription process or as agreed by you in a Purchase Order form or accepting the proposal/quote by making advance. Upon expiration of the Initial Term, this Agreement will renew for successive renewal terms equal in duration to the Initial Term at RadamTech’s then current fees. Either party may terminate this Agreement or reduce the number of licenses, effective only upon the expiration of the then current License Term, by notifying the other party in writing, at least ten (10) business days prior to the date of the invoice for the following term. In the case of free trials, notifications provided through the Service indicating the number of days remaining in the free trial shall constitute notice of termination. In the event that this Agreement is terminated (other than by reason of your breach), RadamTech will make available to you a file of the Customer Data within 30 days of termination if you so request at the time of termination. You agree and acknowledge that RadamTech has no obligation to retain the Customer Data and may delete such Customer Data, more than 30 days after termination.

Termination for Cause

Any breach of your payment obligations or unauthorized use of the ExcelCRM technology or Service will be deemed a material breach of this Agreement. RadamTech, in its sole discretion, may terminate your password, account or use of the Service if you breach or otherwise fail to comply with this Agreement. In addition, RadamTech may terminate a free account at any time in its sole discretion. You agree and acknowledge that RadamTech has no obligation to retain the Customer Data, and may delete such Customer Data, if you have materially breached this Agreement, including but not limited to failure to pay outstanding fees, and such breach has not been cured within 30 days of notice of such breach.

Representations and Warranties

Each Party represents and warrants that it has the legal power and authority to enter into this Agreement. RadamTech warrants that it will provide this Service in a manner comparable with the general industry standards and that the Service will perform substantially in accordance with the online excelcrm.com documentation under normal use and circumstances. You represent and warrant that you have not falsely identified yourself nor provided any false information to gain access to the Service and that your billing information is correct.

Mutual Indemnification

You agree to hold RadamTech staff, licensors, affiliates, partners, employees, agents, and officers harmless against all claims, damages, losses, and fees, including legal or attorneys fees arising from any claim of damages or infringement arising from the use of ExcelCRM or other RadamTech sites.

RadamTech agrees to indemnify you and your organization, staff, licensors, affiliates, partners, employees, agents, and officers harmless against all claims, damages, losses, and fees, including legal or attorneys fees arising from any claim of damages or infringement arising from the use of ExcelCRM or other RadamTech sites, so long as that use does not violate the terms of this agreement.

In no case shall either party’s total liability exceed the amount paid for the service.

Disclaimer of Warranties

Although the staff of RadamTech is dedicated to providing high-quality CRM services, RadamTech, ExcelCRM, and its licensors make no guarantee of the suitability of the ExcelCRM for any particular usage. This includes the following:

While history has shown 99.5 percent up-time, past up-time is no guarantee of future performance. While the staff of RadamTech has done its utmost to guarantee the accuracy of all statements on the ExcelCRM site, RadamTech software does not warrant or make any guaranty of the accuracy, reliability, timeliness, or completeness of the service or its content.

The ExcelCRM service is provided on an “as is” basis, and any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights are herby disclaimed to the full extent permitted by applicable law by RadamTech and its licensors.

In some jurisdictions, the exclusion of implied warranties is prohibited, and these disclaimers may not apply to you.

Internet Delays

RadamTech’s service may be subject to limitations, delays and other problems inherent in the use of the Internet and other electronic communications. RadamTech is not responsible for any delays, delay failures, or other damage resulting from such problems.

Limitation of Liability

In no event shall either party’s aggregate liability exceed the amounts actually paid by and/or due from you in the twelve (12) month period immediately preceding the event giving rise to such claim. in no event shall either party and/or its licensors be liable to anyone for any indirect, punitive, special, exemplary, incidental, consequential or other damages of any type or kind (including loss of data, revenue, profits, use or other economic advantage) arising out of, or in any way connected with this service, including but not limited to the use or inability to use the service, or for any content obtained from or through the service, any interruption, inaccuracy, error or omission, regardless of cause in the content, even if the party from which damages are being sought or such party’s licensors have been previously advised of the possibility of such damages.

Export Control

Some features of the ExcelCRM service may be subject to export control. When using the service beyond the borders of the Republic of India, it is your responsibility to conform to all applicable laws.

By using the ExcelCRM service you represent the following:

You are not located in an embargoed country
You will comply with the export Laws of India.
None of the content or information acquired through the use of ExcelCRM is used in activities associated with missiles or weapons that are nuclear, biological, or chemical.

Jurisdiction

The laws of the Republic of India, shall govern this agreement. Any disputes arising out of this agreement shall be subject to the jurisdiction of the courts located in or near Chennai, Tamilnadu, INDIA.

Notice

RadamTech may give notice by means of a general notice on the Service, electronic mail to your e-mail address on record in RadamTech’s account information, or by written communication sent by first class mail or pre-paid post to your address on record in RadamTech’s account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by registered post) or 12 hours after sending (if sent by email). You may give notice to RadamTech (such notice shall be deemed given when received by RadamTech) at any time by any of the following: letter delivered by nationally recognized overnight delivery service registered mail to RadamTech at the following: Radam Technologies Pvt. Ltd, No:110, 1st Floor, SIDCO AIEMA Tower, Ambattur Industrial Estate, Chennai – 600 058, addressed to the attention of: Managing Director

Additional Information

If you have further questions about the ExcelCRM terms of service, please send an e-mail to excelcrmlegal@radamtech.com.

TOP