Date: 29th July, 2020
Bantoo Accounting is the provider of ERPNext, hosting and support services for the ERP. This agreement covers the software and the hosting and support services that are provided commercially.
This agreement covers the terms under which you can use the paid services offered by us. If you are agreeing to use the services on behalf of your company or organization, you agree that you represent the organization and have the authority to accept this agreement on behalf of your organization.
Services: ERPNext, hosting and support services offered to the client under this agreement.
You, Your: The subscriber or user of our services
We, Us, Our: Bantoo Accounting or services offered by Bantoo Accounting
Confidential Information: Information that is given from one party to another that is reasonably understood to be confidential.
The Services offered by us are ERPNext, hosting and support services. The software, whether it is developed by us or by third parties is available to you under Open Source Licenses (as specified in the software code) and is not covered in the Services offered by us.The services will be available to you via the internet browser (specific browsers versions as applicable) and you will need an internet connection to access our services.
4. Service Levels
We host Your data at international data centers and the service levels offered by them will be applicable to You. We will reasonably put all effort to ensure that the servers managed by us are up and running 24x7.
If You wish to host your application at your own servers or servers managed by you, then there is no obligation on Our part to support Your servers. If You would want Our Services to support and maintain Your servers then they will be charged.
|Problem||Priority||Response time||Response time /hr||Escalation threshold /hr|
|Service not available (all users and functions unavailable)||1||Within 30 minutes||ASAP - Best Effort||1 hour|
|Significant degradation of service (large number of users or business critical functions affected)||2||Within 2 hours||ASAP - Best Effort||4 hours|
|Limited degradation of service (limited number of users or functions affected, business process can continue)||3||Within 2 hours||Within 24 working hours||8 hours|
|Small service degradation (business process can continue, one user affected)||4||Within 2 hours||Within 24 working hours||24 hours|
5. Confidentiality and Privacy
Your information/data on your website is owned by You and is a part of your database/files and is treated as Confidential Information. We will ensure that Your Confidential Information is managed with the same level of security as Our Confidential Information. We will take all reasonable effort to ensure that any Confidential Information is managed in a secure manner by using rights management and password encryption. We may or may not publish our security measures to maintain their secrecy.
Notwithstanding anything to the contrary, We shall have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies (including, without limitation, information concerning Your Data and data derived therefrom), and We will be free (during and after the term hereof) to (i) use such information and data to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and Our other offerings, and (ii) disclose such data solely in aggregate or other de-identified form in connection with its business.
Customer will pay Company the applicable fees described in the selected package, a Quotation or Order Form for the Services and Implementation Services in accordance with the terms therein.
If Customer’s use of the Services exceeds the Service Capacity set forth on the Order Form or otherwise requires the payment of additional fees (per the terms of this Agreement), Customer shall be billed for such usage and Customer agrees to pay the additional fees in the manner provided herein. Company reserves the right to change the Fees or applicable charges and to institute new charges and Fees at the end of the Initial Service Term or then current renewal term, upon thirty (30) days prior notice to Customer (which may be sent by email). If Customer believes that Company has billed Customer incorrectly, Customer must contact Company no later than 14 days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit. Inquiries should be directed to Company’s customer support department.
Company may choose to bill through an invoice, in which case, full payment for invoices issued in any given month must be received by Company fifteen (15) days after the mailing date of the invoice. Unpaid amounts are subject to a finance charge of 5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection and may result in immediate termination of Service. Customer shall be responsible for all taxes associated with Services other than the Zambia taxes based on Company’s net income.
7. Rate Inflation
We reserve the right to increase our price or change the pricing model as and when we see fit. In a case where we have a price rise and you are unhappy, we will allow you to use the service for a period of three months under the old rate.
We also reserve the right to change the resource allocated, number of users, or any such parameter for any of our free or paid plans as we see fit.
We do not provide any warranty for our Services for fitness or purpose. You are fully responsible for the data you provide and the accuracy of the data. We are not responsible for any Loss of business or any other kind that may arise from inaccurate data provided by you.
Our maximum liability is limited to the amount that you have paid us for our Services during a single subscription period.
Both You and We agree to indemnify each other against any claims by any third party. We agree to indemnify you in case of any claim by a third party that by using our services, you are infringing their intellectual property rights. In turn you will indemnify us against any third party that claims that by offering you services or hosting your data, we are infringing their intellectual property rights.
The services are automatically terminated if the subscription expires. To continue the service, you must buy a subscription. We have a right to terminate the services if we believe that you are abusing our Services.
In cases where there is a payment plan with agreed installments, any past due payments will warrant suspension of services for a period of 30 days after which the service will be terminated and all fees paid forfeited.
Where you opt to restore service, any outstanding payments will be required. Please refer to the above clauses for further details.
Upon termination, we will refund you any unused credits by bank transfer/cheque/PayPal or any such mechanism within 45 days of termination.
13. Agreement Modification
We reserve the right to modify this agreement without prior consultation. You will, however, be notified via email in case of any modifications to this agreement.