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1. Background
- 1.1. Shutpoint CRM is a product owned by Axsis Tecnología S.A. of C.V. whereby the CRM allows you to access your information and tasks 24 hours a day, no matter where you are. You only need a computer with an internet connection.
- 1.2. Shutpoint CRM runs on the servers provided by the "Company" and the "Client" is allowed access for the use of applications and storage of their data.
- 1.3. The "Client" must be over eighteen years old and must be a human being (accounts registered by automated methods are not accepted). The features of Shutpoint CRM and the services it provides are known to the "Client", who accepts them accordingly.
2. Object
- 2.1. The "Company" grants to the "Customer" the licenses of use of Shutpoint CRM that it contracts, in a non-exclusive, non-transferable and for a limited time.
- 2.2. The "Client" may not reproduce, copy, duplicate, sell, resell or exploit all or part of the product.
- 2.3. The "Client" declares to know and accept, without limitation, the functionality and other conditions of Shutpoint CRM, including, among others, the backup and update policies, which are described below.
- 2.4. Ownership of the copyrights, trademarks and domain names of the licensed program are the exclusive property of the "Company" and are duly registered. This Agreement does not create any property rights in favor of the "Client".
3. Price
- 3.1. The price for the use of the granted Shutpoint CRM licenses and related services is established here.
- 3.2. This price must be paid by the "Customer" in the terms and conditions provided.
- 3.3. It will be invoiced in advance to the contract period (monthly), and is not refundable in case of contractual termination. The price will not be reimbursed if the use of the service is partial, or there are changes of plan, or cancellation of the service, or for not using the system during the entire period of contracting.
- 3.4. The contract will be renewed automatically and successively for the same period for which it was contracted, except for the notice of non-renewal by the "Client". The licenses of use of Shutpoint CRM for new users that the Client incorporates during the current hiring period will be invoiced in the following period of automatic renewal and for the corresponding amount from the beginning of use.
- 3.5. All prices are excluded from all taxes, being the "Customer" responsible for the payment thereof.
4. Conditions of operation of the data
- With respect to the data stored in the servers of the "Company" as a result of the supply made by the "Client", the following is agreed:
- 4.1. The stored data will be managed by Shutpoint CRM in order to allow access for queries by the "Client". The veracity, accuracy and validity of the data provided by the "Client" through Shutpoint CRM and stored on the servers of the "Company", is the sole responsibility of the "Client".
- 4.2. The data provided by the "Customer" to Shutpoint CRM will not be divulged without written authorization from the "Client", who will be responsible for collecting the legally required consent of the owner of the data.
- 4.3. At the end of this license of use by any of the modalities provided by contract, the "Client" must download his data.
5. Responsibilities
- 5.1. Shutpoint CRM has the necessary measures to prevent damages derived from its use, as well as an adequate data backup policy, using specific hardware of high quality and reliability for hosting in individual data locations, and personnel trained in the management of the system.
- 5.2. The "Client" will be solely responsible for the use that it can make of Shutpoint CRM and the decisions it makes based on its data, the classifications, the way of sorting, etc.
- 5.3. In no case will the "Company" be liable for the use of Shutpoint CRM nor for the damages (whether arising directly or indirectly to the "Client", loss of profits, losses, moral damage or any other compensation or penalty) arising from technical flaws such as, for example, system drops, lines, servers, or other causes beyond their control.
- 5.4. The "Company" is exempted from liability in the event that there is an anomaly resulting from the failure of the user of these operating or handling instructions.
- 5.5. The "Client" must refrain from marketing or sublicenseing the licensed program in any way, as well as executing it for the remote provision of information services, consultancies or data processing, unless such modality is typical of its business.
6. Term
- 6.1. The services contracted by the "Client" will have the duration established in the selected plan, according to the chosen payment method.
- 6.2. The rights of use acquired by the "Client" under no circumstances will be transferable to third parties.
- 6.3. The license agreement for use and services annexed will be rescinded in case of dissolution of the contracting "Company" (the "Client").
7. Confidentiality
- 7.1. The "Company" will keep strict secrecy and will not reveal to third parties nor transfer, during and after the validity of the license, the "Client" data contained in Shutpoint CRM
- 7.2. The "Company" may disclose the data referred to in this article: (i) with the prior written consent of the "Client"; (ii) when it is necessary to use them, by the technical personnel involved, for the purposes of the strict execution of this contract, (iii) or when they are required by a competent authority.
- 7.3. The "Company" will not use the "Client" data accessed through the use of Shutpoint CRM, for any purpose other than that necessary for the strict execution of the contracted services.
8. Breach
- 8.1. The "Client" may request the termination of the contracted services when it proves that the "Company" has breached the assumed obligations, for which it must communicate it in writing in a reliable manner. Upon receipt of the notification, the "Company" will have a period of thirty days to remedy said breach, which, without it having been corrected, the unilateral rescission of the "Client" will be signed.
- 8.2. The breach of the "Client" of any of the obligations assumed with the "Company" will enable it to temporarily or permanently suspend the service to the "Client" immediately, without any liability of the "Company" for this reason and without prejudice of the other rights that correspond to it. The "Company" also reserves this power under the same conditions to be used in cases of force majeure, fortuitous event or discretion.
9. Communications
- 9.1. All communication to the other party will be transmitted by telephone, skype, email to the address provided by the "Client".
10. System caracteristics
- The system contemplates the use of the contracted application software, previously marked, hosted on the Shutpoint CRM application server, operating on databases hosted on database servers hired by Shutpoint CRM, or operating on mobile computing, as appropriate.
11. Warranty
- 11.1. The "Company" guarantees that Shutpoint CRM works substantially in accordance with the technical documentation and instructions that are detailed on the web and undertakes to make all necessary efforts to correct any errors that may be detected. The responsibility of the "Company" is limited to the correction of errors and there will be no liability, implicit or explicit, for any damages that may result for the licensee in relation, directly or indirectly, with the use of Shutpoint CRM.
- 11.2. The "Company" will have no responsibility to carry out development work that alters in any way the functionality of the system as a whole or of any of its components in particular.
- 11.3. Any other type of guarantee or liability on the part of the "Company", whether express or implicit, including the guarantee of merchantability and fitness for a specific purpose, with respect to the program and any type of material that accompanies it, is completely excluded. In no case will the "Company" be liable to the "Client", or those third parties that operate with it, for any damage or any other nature, arising from, or related to failures, interruptions, or software defects, or for damages direct, indirect or consequential, nor for any loss of profit, use, or any other loss, or related to the licensing, use or impossibility of using the software.
12. Support
- The "Company" performs a comprehensive support service for efficient operation in the original form of Shutpoint CRM, including the following features:
- 1) Update to new released versions of the product.
- 2) Assistance via email to reconfigure the system and support to users.
- 3) Identification of inconveniences due to operating accidents.
- 4) The services of the realization of installation of extra works to the support of the contracted software are excluded, such as the configuration of network terminals, printers, Windows, office, or any other third-party software. Such works may be carried out by the "Company" if they are requested, directly or indirectly, and will be quoted and invoiced independently.
- 5) All type of assistance is also excluded in case the "Client" is not up to date in the payment of the service corresponding to the current month.
- Technical support is provided only for users of fixed accounts and is provided via email or through the ticket system.
13. Hosting service
- 13.1. The "Company" will be responsible for hosting the "Client" data on its own or contracted servers.
- 13.2. The availability of the hosting service will be 24 hours a day, 365 days a year. The "Company" guarantees that the service will be available for more than ninety-nine percent of the time contracted.
- 13.3. Shutpoint CRM will have a high capacity connection service capable of supporting the number of users who have contracted the service, without risk of performance for the "Client", within reasonable margins, in the opinion of the "Company".
- 13.4. The "Customer" can cancel the account at any time, by sending an email from the same account that appears in the record of Shutpoint CRM. From that moment, the stored "Client" data will be deleted from the service and that information cannot be recovered. A thirty days notice is required so that the automatic renewal does not operate.
- 13.5. The "Company" will carry out the maintenance of the component systems of the program and of the equipment object of the contract.
14. Rescission
- The "Customer" can cancel the account at any time, by sending an email from the same account that appears in the record of Shutpoint CRM. From that moment, the data contained in the "Client" will be deleted from the service and that information can not be recovered. A thirty days notice is required so that the automatic renewal does not operate.
15. User keys and passwords
- In order to grant greater guarantees to the responsible operation of the software, Shutpoint CRM will grant a standard password to the "Client", who must provide his name, a valid e-mail address, and any other information that is required to complete register. It will be the responsibility of this one the update, the maintenance and the security of the user and the password. The "Client" will be responsible for the information and activity that occurs under its user. The login can only be used by one person, a shared login is not allowed. The standard key originally granted by Shutpoint CRM must be changed.