Our Terms of Services

General

THIS AGREEMENT is made by and between: SYSPRO ERP, a company having its principal place of business located at Surat, Gujarat (the “FIRST PART”); and an individual (hereinafter called “SECOND PART”).

Software Maintenance & Support Agreement: This agreement (“Support Agreement”, “Software Assurance”, “Agreement”) defines the terms and conditions under which Technical Support, Maintenance and Software Upgrades will be provided by SYSPRO ERP (“Vendor”) to the undersigned organization (“Customer”, “Client”) for the support of Software (“Software”).

Overview

Software Assurance is an annual subscription that includes Technical Support, Maintenance and Software Updation.

Support Fees

Customer agrees to pay according to the ongoing price of the software per year with applicable taxes for each user license. Payment for each renewal term shall be due within thirty (30) days of the renewal date at the Vendor’s current price for a support agreement.

Payment should be made 100% advance against bill.

Payment should be made through cheque in favour of “Vendor”.

Terms

This agreement shall start on the Effective Date on the payment date. This agreement shall run for a period of one (1) year from the Effective Date.

If the Client or Customer does not renew their contract within thirty (30) days after expiration, they will not be eligible for any kind of support such as Online Support, Telephonic Support, Technical Support, etc.

Vendor Responsibilities

Vendor will provide time to time updation of software.

Online Support

Vendor is not responsible for operator mistakes or for any data corruption caused by the operator.

Support will be provided to the Client for assistance with software bugs, repair of known issues, troubleshooting of software malfunctions, installation and deployment, general questions, end user questions, software administration and best practices procedures.

Vendor will provide support Monday to Saturday from 10:00 AM to 7:00 PM IST, except on Vendor holidays. Direct call support will be provided to new customers for 30 days only.

Customer Responsibilities

All support shall be provided online through broadband internet connectivity.

Offline support (telephonic) will be provided only in circumstances where the software is experiencing technical problems during startup.

Customer is responsible to reimburse the Vendor for reasonable expenses related to the performance of onsite services. Expenses may include per day charges, travel (including transportation, lodging and associated expenses), and other out-of-pocket expenses required for the performance of services.

Customer is liable to pay extra charges for LAN Computers and any Add-On Features.

Services Not Included

Maintenance services do not include hardware or operating system support, performance tuning, storage, backup and data recovery/loss, software version upgrades, any customization, document reports, or any type of report required to cater to the special needs of the customer.

Warranty

Vendor will undertake all reasonable efforts to provide technical assistance under this agreement and to rectify or provide solutions to problems where the Software does not function as described in the Software documentation. However, Vendor does not guarantee that problems will be solved or that any item will be error-free.

This agreement is applicable only to Vendor Software running under the certified environments specified in the release notes for that product.

Vendor will provide the Customer with substantially the same level of service throughout the term of this agreement. Vendor may discontinue Software products or versions and stop supporting them one year after discontinuance.

THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Vendor expressly disclaims all other warranties.

This agreement may be terminated for non-payment or material breach. Fees paid or due are non-refundable. Upon termination of this Agreement, the Service Provider shall have no further obligation to provide any services to the Customer.

Intellectual Property

Vendor will retain ownership of all proprietary rights in the Software, including rights that Vendor may have pursuant to license from another party.

Upon full payment of the fees set forth in this Agreement, Vendor grants the Client a non-exclusive license to use the Software for its own business purposes.

The Client is not authorized to sell, transfer or license the Software or rights to any other person or organization.

Arbitration

Any dispute arising under this Agreement will be subject to binding arbitration by a single Arbitrator with the Indian Council of Arbitration (ICA) in accordance with its relevant industry rules.

Acceptance

Please sign, date and return a copy of this Agreement to SYSPRO ERP via email digital copy to info@sysproerp.com.

Customer acknowledges that they have read all the terms and conditions of this Agreement and understands them and agrees to be bound by them.