SalesHiker – Terms of Service
THIS IS AN AGREEMENT BETWEEN YOU OR THE ENTITY THAT YOU REPRESENT
(hereinafter “You” or “Your”) AND SalesHiker Technologies LLP (India) GOVERNING YOUR USE OF SalesHiker’s products, extensions, plugins, full CRM system or any On Demand software services. This Agreement consists of the following terms and conditions (hereinafter the “Terms”).
Acceptance of the Terms
You must have crossed legal age to enter into a binding agreement in order to accept the Terms. If you do not accept or agree to any of the Terms, do not use our services. You need to show your affirmation to the Terms by checking a checkbox while buying or using SalesHiker’s products or services. Employees or affiliates of businesses offering direct services that compete with any of SalesHiker’s services are articulately prohibited from accessing any SalesHiker’s services for competitive research or related activities.
Description of Service
SalesHiker’s on-demand and other kinds of CRM (“Service” or “Services”) provides customer relationship management applications for businesses. The application enables businesses to manage Accounts, Sales pipeline, Contacts, Campaigns, Projects, Opportunities, and includes a wide range of features such as Dashboards, Reports, Access Control, ..etc. After purchase, you may use the Services for your personal and business use or for internal business motive in the organization that you represent. You may connect to the Services using any Internet browser or mobile operating system supported by the Services. You will have to establish an internet connection and manage it from your end for obtaining access to the Internet and the equipment necessary to use the Services. You can create and modify content connected with your user account and if you do so, you can publish and share such content via the customer portal.
Subscription to Free Trial
We offer new clients a limited time period free Trial to try our product for free. You are under no obligation to convert to any paid Service as a result of your subscription to Trial.
Subscription to Beta Services
We may cater certain Services as closed or open beta services for the purpose of testing and evaluation. You need to cohere that we have the sole authority and discretion to determine the time and performance for testing and evaluation of Beta Services. We shall be the sole arbiter of the success of such testing and the decision, if any, in the case of the Beta Services which are offered for testing purpose or as commercial services. You will be under no obligation to buy a subscription of the paid Service as a result of your Beta Service utilization. Like regular services, for Beta services, we reserve the right to fully or partially discontinue, at any time and temporarily or permanently with or without giving any prior notice to you. You agree that SalesHiker will not be liable to you or to any third party for any deficit that occurs out of the modification, suspension or discontinuance of one or more Beta Services for any reason.
Statute for Purchased Services
We shall discharge the Purchased Services available to You pursuant to this Terms of Service and in accordance with respective Order Forms during a subscription term. You acknowledge that Your purchases here are neither contingent on the delivery of any future functionality nor dependent on any oral or written public comments made by Us.
Paid user Subscriptions
Unless otherwise detailed in the applicable Order Form, (i) Services purchased on the basis of User subscriptions may not be accessed by more than specified number of Users, (ii) additional User subscriptions can be added during the subscription term at the same pricing as that for the pre-existing subscriptions, shall remain coequal for the remainder of the subscription term in effect at the time the additional User subscriptions are added, and (iii) the added User subscriptions shall expire on the date as per the date conditions stipulated for pre-existing subscriptions. User subscriptions are allocated on the name of Users and cannot be shared by or transferred to more than one Users but may be reassigned to new Users replacing former Users who agree for such shifting of services.
Modification of Terms of Service
At times, we may retouch the Terms upon notice to you. You will be provided notice of any such improving or altering of conditions by electronic mail or we will publish the changes on the website, on terms-of-service page. You may terminate use of the Services if the Terms modified are in a genre that substantially fend your rights in connection with access to the Services. Your continued use of the Services after notice of any change to the Terms will be comprehended to be your agreement to the amended Terms.
User Sign up Obligations
You need to sign up for a user account by providing all mandatory information in order to continue access or use the Services. If you represent an organization and wish to plan leverage of the Services for corporate internal use, we recommend that you sign up for user accounts by providing your corporate contact information and on authoritative identities. In particular, we recommend that you utilize your corporate email address. You agree to: a) provide authentic, accurate, current and reliable information about yourself as prompted in the sign up process; and b) maintain and promptly update the information on going basis to keep it first hand and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if SalesHiker has justifiable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, SalesHiker may terminate your user account and discontinue current or future use of any or all of the Services.
Personal Information and Privacy
Communications from SalesHiker
The Service may comprise certain communications from SalesHiker, such as service announcements, administrative messages and newsletters. You understand that these communications shall be recognized as part of using the Services. As part of our policy to nurture you complete privacy, we also provide you the option of opting out from getting newsletters from us. However, you will not be able to hold up from getting service announcements and administrative messages.
SalesHiker may make available, at its decorum, co-partnership, in referral programs that reward participants for referring clients to SalesHiker. By participating in these programs, you agree to keep confidential all the materials, terms, details, and agreements that are related to the program, except where granted by SalesHiker explicitly. Additionally, any referral links dispatched by SalesHiker for the purposes of this program may not be transmitted through any tools that shorten, alter, or track links in any way. Links cannot be sold, or made available to the general public unless expressly permitted by SalesHiker. If users are found to have engaged in behavior that violates these terms, SalesHiker may put off access to the referral program, and retract all rewards enlisted through the program.
Payments, Charges, Cancellations and Refunds
After your free trial period is over, and at the end of each On Demand CRM’s subscription time period, subscriptions are automatically renewed and billed to the credit card entered in the SalesHiker’s particular On Demand product’s Billing section. We reserve the right to modify subscription fees and may charge for added or existing features available as free in current use of Services.
You can discontinue subscription at any time through the same Billing section where you provided payment details. Cancellations which are made prior to the end of current subscription period will stop any further automatic renewal of your CRM On Demand subscription and related services. Your account will remain active until the end of the current subscription period that you have paid for. Once expiry date is reached, you will not be charged for using any Service unless you specifically re-subscribe for a paid plan.
For payments made for future periods, if a refund request is made within 7 working days of payment, SalesHiker offers a full refund. For payments made for past periods, refunds are not served. For certain services like migration projects and training service fees are non-refundable once service is started.
Payment Retries and Account Suspension
If SalesHiker is unable to process payment for an invoice, SalesHiker will continue attempts for the next 14 days. If payment is not received within 14 days, SalesHiker will strike off the account in suspended state, for the next 15 days. To re-activate your account, you can simply disburse the amount for outstanding invoice(s). If your account is not re-activated within 75 contiguous days of suspension, your instance will be alienated. An archive may be available for another 30 days.
If you’ve purchased any products/extensions it has a 1-year free upgrade policy. Post 1 year there will be an additional charge for any updates to the extension.
If your account is deactivated or closed and in case any archive is available, to restore from archive, a $199 account restoration fee will be charged in addition to unpaid invoices if any.
SalesHiker will review and respond to payment disputes submitted at info@SalesHiker.com address.
Restrictions on Use
On top of all other terms and conditions mentioned in this Agreement, you shall not: (i) transfer or otherwise make available SalesHiker’s services to any third party; (ii) provide any derived service based on the Services without former written permission; (iii)use the third party links to sites without consent to their website terms & conditions; or (v) use the Services for spamming and other outlaw purposes.
Spamming and Illegal Activities
While utilizing our services, you agree to be solely responsible for the contents transmitted through your profile while using the Services. You agree not to use the Services for illegal purposes or for the transmission of material that is lawless, defamatory, harassing, disgraceful, invasive of another’s privacy, abusive, threatening, vulgar, harmful, pornographic, coarse, or is otherwise objectionable, promotes racism, outrages religious sentiments, contains viruses, or that which infringes or may infringe intellectual property or other rights of another. You agree not to use SalesHiker’s Services for the transmission of “chain letters”, “phishing”, “junk mail”, “spam”, or unsolicited mass distribution of email. We hold the right to terminate your access to the Services if there are rational grounds to believe that you have used the Services for any illegal or unaccredited activity.
Treatment of Trial Accounts After the Trial Period is Over
If a user does not convert to paid subscription within 7 days after trial expires, we reserve the right to delete the trial account and all associated data beyond the time limit of 7 days. We do not guarantee any archival backup for non-paid accounts.
Data in Paid Accounts That Are Terminated or With Payment Subtraction
If for any reason we are unable to successfully bill through your preferred payment method, we reserve the right to deactivate your account within 15 days of the first failed attempt to collect the billing amount. Also we may or may not delete your account, users, and all associated data within 90 days of the first failed attempt to collect the billing amount.
Data in Forever Free Accounts That Are Inactive for 60 days
If you do not login to your account for 60 days or more, we reserve the right to ponder your account as “inactive”. Additionally, we may permanently delete all associated data with it.
We honor your right of ownership over content that is created or stored by you. You exclusively own all the data and content created or stored on your instance. Unless explicitly permitted by you, your use of the Services does not grant SalesHiker or any of its partners the authority to use, duplicate, adapt, modify, publish or distribute the content that resides in your SalesHiker’s user account. But you grant SalesHiker the permission to access, copy, store, reformat, the content of your user account solely for the purpose of availing required Services to you.
Use of Extensions
When you buy and install a SalesHiker extension or plugin that manipulates, copies, modifies or displays your data, it is reasonably inferred by you that this extension requires SalesHiker to access, store, copy, transmit, distribute or reformat your data in order to execute the function enabled by the extension. You assent SalesHiker rights to do so in order to deliver you the added feature.
When you enable a SalesHiker extension that connects to a third-party application or service, you acknowledge that you cohere to the third party’s terms of service, and grant SalesHiker the rights to access, reformat, copy, transmit and make available any data required by said third party to render services to you. You further insure SalesHiker of any liability adjuvant with the third-party’s access to, and use of data provided to it on your behalf.
Upgradation Policy :
- Upgradation for Onetime Payment: SalesHiker offers a 1st-year free upgrade to any extension provided. After 1st-year upgradation will be chargeable based on the type of upgrades, complexity, and new features in upgrading.
- Upgradation for subscription extension: SalesHiker offers a free upgrade to that extension which has a monthly/yearly payment option. This will be applicable till the customer pays subscription fees for the respected extension.
User Generated Content
You may transmit or publish content generated by you utilizing our Services. However, you will be solely responsible for the consequences of such transmission or publication.
You are exclusively accountable for ensuring that you do not accidentally make any private content publicly available. In the course of using the Services, if you come across any content which is protected by copyright(s), you agree not to delete such copyright symbol/notice(s) as the case may be. By making available any copyrighted/copyrightable data on any of the Services you bear out that you have the consent, authorization or permission, as the case may be. By making any content available in the manner aforementioned, you verbosely agree that SalesHiker will have the right to block access to or remove such content made available by you in the situation when SalesHiker receives complaints around illegality or infringement of third party rights in the content resided on your instance or in our managed services. Throughout the time period of using any of the Services, you shall expressly accord to questions of illegality for any contention which may take place, and will present yourself in front the agent designated by SalesHiker for the purpose.
Sample files and Applications
SalesHiker may provide specimen data and files for the purposes of demonstrating the possibility of using the Services. The information contained in any such sample files and applications consists of random data. SalesHiker makes no warranty, either explicitly or implied, as to the accuracy, usefulness, completeness or reliability of these specimen files and applications.
SalesHiker, SalesHiker logo, SalesHiker CRM On Demand and SalesHiker CRM On Demand logo are trademarks of Variance Infotech (India) Private Limited. You agree not to display or use, in any way, the SalesHiker trademarks, without SalesHiker’s prior permission.
Disclaimer of Warranties
You expressly understand and agree that the use of the services is at your sole risk. The services are provided on an as-is-and-as-available basis. saleshiker expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. saleshiker makes no warranty that the services will be uninterrupted, timely, secure, or virus free. use of any material downloaded or obtained through the use of the services shall be at your own discretion and risk and you will be solely responsible for any damage to your computer system, mobile telephone, wireless device or data that results from the use of the services or the download of any such material. no advice or information, whether written or oral, obtained by you from a saleshiker, its employees or representatives shall create any warranty not expressly stated in the terms.
Limitation of Liability
You agree that saleshiker shall, in no event, be liable for any consequential, incidental, indirect, special, punitive, or other loss or damage whatsoever or for loss of business profits, business interruption, computer failure, loss of business information, or other loss arising out of or caused by your use of or inability to use the service, even if saleshiker has been advised of the possibility of such damage. your sole and exclusive remedy for any dispute with a saleshiker related to any of the services shall be termination of such service. in no event shall saleshiker’s entire liability to you in respect of any service, whether direct or indirect, exceed the fees paid by you towards such service.
You agree to insure and hold harmless to SalesHiker, its officers, employees, directors, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney’s fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party’s rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to your use of the Services, except where such use is authorized by SalesHiker.
Any contention or claim arising out of or relating to the Terms shall be settled by binding arbitration in congruence with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and unappealable. Notwithstanding anything to the contrary, SalesHiker may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.
Suspension and Termination
End of Terms of Service
If you have any questions or concerns regarding this agreement, you can contact us at info@SalesHiker.com.