Account: The centric means for access and use of services against a fee
Affiliate: Any entity which directly or indirectly, is controlled by, or is under common control with a party to this Agreement. For purposes of this definition, control means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.
Agreement: The contract for using the Services, into which the Terms have been incorporated by reference.
Authorization: The set of rights and privileges on the Web Site assigned to a User.
Billing Period: The period for which you agree to prepay fees under an Order Form, which will be the same as or shorter than the Subscription Term as specified in the Order Form.
Client: A natural or legal person who has concluded the Agreement with the Supplier
Content: Any data and information available through the Services or contained within the structure of the Platform, including User Content, articles, documents, brochures, presentations, pictures, images, audio-visual works, and any other informational materials.
Communication Service: Third-party forums, online communities, blogs, personal web pages, calendars, and/or other social media communication facilities (such as Facebook, Twitter and LinkedIn) linked to or from the Subscription Service that enable you to communicate with the public or with a private group.
Confidential Information: All confidential information disclosed by a party ("Disclosing Party") to the other party ("Receiving Party"), whether orally or in writing, that is designated as confidential.
Contact: A single individual whose Contact Information is stored by you in the Subscription Service.
Contact Information: The name, email address, phone number, online user name(s), telephone number, and similar information submitted by visitors to your landing pages on the Subscription Service or uploaded by you to the Subscription Service.
Consulting Services: The professional services provided to you by us, which may include training services, installation, integration or other consulting services.
Customer Data: All information that you submit or collect via the Subscription Service.
Customer Materials: All materials that you provide or post, upload, input or submit for public display through the Subscription Service.
Copyright License: A software license that requires that information necessary for reproducing and modifying such software must be made available publicly to recipients of executable versions of such software.
DPA: Data Processing Agreement of SalesTown
Email Send Limit: The number of emails that you may send in any given calendar month.
Enrichment Data: The company level information we make available to you as part of the Subscription Service obtained from public or third party sources. Enrichment Data does not include Personal Data.
Forked Software: Modifications to any open source version of the Original Code to develop a separately maintained source code program (a) with features not present in the Original Code or (b) where modifications to the Original Code are not automatically integrated with the Original Code.
Free Services: The Subscription Service or other products or features made available by us to you on an unpaid trial or free basis.
Fee: Regular payments for using the Activated Account.
License Control Mechanism: Functionality that reports the number of authorized Subscription Users, and provide SalesTownwith the ability to monitor certain usage of the Software.
Malicious Code: Viruses, worms, time bombs, Trojan horses and other harmful or malicious code, files, scripts, agents, or programs.
Modifications: Any work based on or incorporating all or any portion of the Software, including, without limitation, modifications, enhancements and customizations to the Software.
Membership: The right to access the Platform and the Services upon certain conditions such as number of Users, period during which the access to the Platform and the Services are granted.
Order Form: A document for purchasing Subscriptions of SalesTown products and services. An Order Form is considered an attached exhibit to this agreement.
Original Code: Software Source Code.
Paid Users: Those types of Users for which the fee is charged as set forth in our Product and Services Catalog.
Personal Data: Any information relating to an individual which may be used to identify him/her; such information is contained within Customer Data and is protected under applicable Data Protection Law.
Product and Services Catalog: SalesTown’s Product and Service Catalog which is updated time to time as mentioned here
SalesTown Content: All information, data, text, messages, software, sound, music, video, photographs, graphics, images, and tags that we incorporate into the Subscription Service or Consulting Services, including Enrichment Data.
Subscription: Company’s right to use the Software for the Subscription Term, per the terms of the Agreement and any other Order Form(s).
Subscription Term: The period of time which Company may access the applicable Software as set forth in an Order Form.
Subscription User: An individual employee, contractor or agent of Company and its Affiliates authorized by Company to use the applicable Software for which a Subscription has been purchased and who has been given a user identification and password.
Sensitive Information: As per our terms, credit or debit card numbers; personal financial account numbers or wire instructions; Social Security numbers or local equivalents; passport numbers; driver’s license numbers or similar identifiers; passwords or log-in credentials; racial or ethnic origin; physical or mental health condition or information; or other employment or health information, including any information subject to the Health Insurance Portability and Accountability Act, the Payment Card Industry Data Security Standards, and other regulations, laws or industry standards designed to protect similar information.
Subscription fee: The amount you pay for the Subscription Service.
Third-party Products: Non-embedded products and professional services that are provided by third parties which interoperate with or are used in connection with the Subscription Service.
Total Committed Subscription Value: The aggregate amount of Subscription Fees paid or payable to us during your then-current Subscription Term(s) for all of your SalesTown accounts, but this amount excludes fees for renewals, Consulting Services and applicable taxes.
Users: A natural person granted with the Authorization to use the Account on behalf of a Client.
Website: The compilation of all web documents.
You: The Web Site visitor, the Client or the User, as the context requires.
Software Subscription Agreement
Please read this Software Subscription Agreement before purchasing or using the services. By using or purchasing the product, you proclaimyour assent to this agreement. If you are acting on behalf of an entity, then you represent that you have the authority to enter into this agreement on behalf of that entity (“company”). If company does not accept the terms of this agreement, then it must not purchase or use the products or services.
The terms and conditions of this Subscription Agreement, and of any Order Forms entered into by company and SalesTown are collectively referred to as the “agreement.”
Unless and until company has agreed to be bound by all of the Terms of the Agreement, Company has not become a Licensee of, and is not authorized to use, the SalesTown product (“software”).
SalesTown shall make the Software available to Company for use by the Subscription Users, pursuant to the terms of this Agreement and grants Company a limited, non-exclusive, non-transferable, and revocable right to install, use and modify the Software solely for Company’s own internal business purposes. Company acknowledges and agrees that the terms and conditions listed herein will govern Company’s use of the Software for the Subscription Term, unless explicitly stated otherwise in a written agreement between the parties.
SalesTown shall own all right, title, and interest to the Software, technology, information, code or software provided to Company, including all intellectual property rights, and all portions, copies or modifications thereof.
The SalesTown name, logo, trade names and trademarks are owned by SalesTown, and no right is granted to Company to use any of the foregoing except as expressly permitted herein or by written consent of SalesTown.
SalesTown shall have a royalty-free, worldwide, irrevocable, perpetual license to use and incorporate into any product or service any suggestions, enhancement requests, recommendations or other feedback provided by Company, including Subscription Users, relating to the operation of any product or service owned by SalesTown.
Company owns rights, title and interest in and to all of its data. Company is solely responsible for the accuracy, integrity, and legality of Company’s data.
Cancellation and Refund Policy
At SalesTown we believe in offering value in exchange for value. Therefore, our team respects each of our client's decisions in the process.
You can cancel SalesTown Subscription, any time before starting the next billing cycle. We will not charge any amount from you, once you have cancelled the subscription.
If you cancel during the middle of the current subscription month, we will continue to provide our services until the end of the subscription period and all your data will be saved. In case you change your mind, you can continue to rely on us for the services we provide and carry on with your work from where you had left.
We do not have any provision for refund, here at SalesTown. However, we provide full services until the end of the current billing cycle.
By using the Services, You are expressly agreeing that we are permitted to charge with the Fee corresponding to Your Membership, applicable taxes (if any) and any other additional charges you may incur in connection with Your use of the Services, unless agreed otherwise between parties. Upon Your choice, the Fee shall be charged by us in advance on monthly or annual intervals in your selected currency (i.e. Euro, Pound Sterling or U.S. Dollar).
We will begin charging with the Fee corresponding to Your Membership, (plus applicable taxes, if any), at the end of Your Free Trial period, unless you cancel Your Free Trial prior to its end and opt for a paid Membership. You will receive a notice from our Team that your paid Membership has begun.
The Fee corresponding to Your Membership, (plus applicable taxes, if any), will be charged at the beginning of your paid Membership and on each renewal thereafter, unless and until you cancel/change your Membership or we terminate it. We will automatically charge each monthly or annual period on the calendar day corresponding to the commencement of your paid Membership, unless agreed otherwise between parties.
Each party may use the confidential information of the other party only for the purposes of these Customer Terms and must keep confidential all confidential information of the other party except to the extent (if any) the recipient of any confidential information is required by law to disclose the confidential information.
Each party may disclose the confidential information of the other party to those of its employees and agents who have a need to know the confidential information for the purposes of these Customer Terms but only if the employee or agent executes a confidentiality undertaking in a form approved by the other party.
The obligations of confidentiality under these Customer Terms do not extend to information that:
- was rightfully in the possession of the receiving party before the commencement of these Customer Terms
- is or becomes public knowledge (otherwise than as a result of a breach of these Customer Terms; or
- is required by law to be disclosed.
Disclaimer of Warranty
To the maximum extent permitted by applicable law, the software is provided as/is and without warranties or conditions of any kind, including implied warranties of merchantability, non-infringement and fitness for a particular purpose. To the maximum extent permitted by law, this is the sole and exclusive warranty given by SalesTown (express or implied) with respect to the subject matter of this agreement. No oral or written information or advice given by SalesTown, its affiliates, dealers, partners, agents or employees will create a warranty or in any way increase the scope of any warranty provided herein. SalesTown does not guarantee or warrant that the use of the software will be uninterrupted or error free.
Limitation of Liability
SalesTowndoes not exclude or limit our liability to you for fraud, death or personal injury caused by any negligent act, omission or wilful misconduct by us in connection with the provision of the Website or Service, or any liability which cannot be excluded or limited under applicable law.
In no event shall we be liable to you whether arising under these Customer Terms or in tort (including negligence or breach of statutory duty), misrepresentation or however arising, for any indirect or consequential loss or damage which shall include but not be limited to pure economic loss, losses incurred by any client of yours or other third party, loss of profits (whether categorized as direct or indirect loss), losses arising from business interruption, loss of business revenue, goodwill or anticipated savings, losses whether or not occurring in the normal course of business, wasted management or staff time, loss or corruption of data, or inability to use or the results of use of the Website or Service, any websites linked to the Website or the material on such websites.
You acknowledge and agree our total liability to you (whether in contract, tort or otherwise) under or in connection with the provision of the Website or Service under these Customer Terms including any claim for indemnity or contribution shall not exceed one hundred (100) per cent of the total amount (excluding any VAT, duty, sales or similar taxes) paid by you to us during the preceding twelve (12) month period.
Export Compliance: Company may not download or otherwise export or re-export the Software or any underlying information or technology except in full compliance with all United States and other applicable laws and regulations.
Standard Marketing: Company agrees that SalesTown may reference Company as a customer of SalesTown. Company agrees to not use SalesTown name or logo without prior written consent.
Modification To the Services And Price
The Supplier reserves the right at any time and from time to time to modify, temporarily or permanently, the Services (or any part thereof) at its sole discretion with or without notice. Modifications to the Services shall constitute: i) Rebranding the Services; ii) Stopping to provide or discontinuing to develop the Services, including any particular feature or resource thereof, or any part or element of the Platform, temporarily or permanently; iii) Taking such action as is necessary to preserve the good name of the Supplier at its sole discretion upon any use of the Services that may be reasonably interpreted as violation of Supplier’s intellectual property rights, distribution of Internet viruses, worms, Trojan horses and other destructive activities or illegal activity. You agree that the Supplier will not be liable to you or to any third party for any harm related to, arising out of or caused by modification, suspension or discontinuance of the Services or any part or element thereof for any reason.
Temporary errors or bugs
If Services contain temporary errors or bugs, they are being fixed as soon as possible after the moment they are registered. SalesTown does not have a bounty program of any kind and does not provide any rewards for informing about bugs or errors.
These Terms shall be governed by the laws of the jurisdiction of India without regard to the principles of conflicts of law. You hereby expressly agree to submit to the exclusive personal jurisdiction of the Information Technology Act, 2000 for the purpose of resolving any dispute relating to your access to or use of the Service.
Suspension And Termination
We may suspend any User’s access to any or all Subscription Services without notice for: (i) use of the Subscription Service in a way that violates applicable local, state, federal, or foreign laws or regulations or the terms of this Agreement, (ii) use of the SalesTown email send service that results in excessive hard bounces, SPAM complaints via feedback loops, direct spam complaints (to our abuse desk), or requests for removal from a mailing list by recipients, or (iii) repeated instances of posting or uploading material that infringes or is alleged to infringe on the copyright or trademark rights of any person or entity. We may, without notice, review and delete any Customer Data or Customer Materials that we determine in good faith violate these terms or the AUP, provided that, we have no duty to prescreen, control, monitor or edit your Customer Data or Customer Materials.
Suspension for Non-Payment: We will provide you with notice of non-payment of any amount due. Unless the full amount has been paid, we may suspend your access to any or all of the Subscription Services ten (10) days after such notice. We will not suspend the Subscription Service while you are disputing the applicable charges reasonably and in good faith and are cooperating diligently to resolve the dispute. If a Subscription Service is suspended for non-payment, we may charge a re-activation fee to reinstate the Subscription Service.