- SignifyCRM means Customer Relationship Management software application services that Signify, a company registered at 931/3 Charoennakorn Road Klongsan District Bangkok Thailand, hereafter referred to as “Service Provider”, provides for organization, company, and/or institutes, hereafter referred to as “Customer”, whereas Signify provides server-side software, server-side hardware, and User Support personal, of which shall be referred to as “Product” or, interchangeably called “Service Subscription”.
- Customer Relationship Management (CRM) software means information systems that enable organization to track and manage customer acquisition activities, customer registrations, sales and service transactions, and general customer contact activities regarding sales, services, and marketing.
- Service Subscription means the transaction between Customer and Signify where Customer pays for services and, in return, can use SignifyCRM software without having to operate, maintain, and upgrade both software and hardware, without having to recruit and maintain in-house software development and support staff. Customer simply needs either general web browsers or smart phones to access and use CRM software. When Signify issues new software release with new fixes and new features, Customer will be at ease get the new release. Service Subscriptions are available in many different packages and prices. For more information, please refer to Signify Website: https://www.signifycrm.com
- User Support means services provided to answer user’s questions, verify user’s problems, update software in order to prevent problems as well as enhance further functionality. User Support is provided through channels including Website, Phone, and Email, with Service Level Agreement (SLA) that is published and updated on Signify Website: https://portal.signifycrm.net
2. General Terms:
- Unless Customer notifies Signify with a different corresponding address, Signify will use billing address that Customer registered on Signify Website to communicate with Customer.
- The Terms of this Agreement is 1 (One) year. Customer can renew the Terms on annual basis.
- Software Subscription fee is not refundable.
3. Service Terms:
- Customer is responsible to procure own computers, own smart phones, network equipment, and Internet Service Provider (ISP) that provides data connectivity between customer’s premise and the Internet.
- Signify reserves the right to charge additional fee for out-of-scope services such as preparing extra documents, conducting extra training, and/or developing software customization per customer’s requests.
- Customer is responsible to keep confidential of user and password. In the event that Customer’s employee misplaces user and password and, as a result, data is leaked or is deleted, Signify can only offer help on the basis of best effort to identify the extent of such leakage and/or recover data from data archive.
- Customer’s data belongs to the Customer. Customer can request and receive copy of the data in electronic format. For security reason, the request must be authorized by signature of Customer’s legally authorized person such as Managing Director.
- Customer agrees to use Product for normal business conduct and will not disclose, rent out, or sublet the Product to others and will not use the Product beyond what it is designed for and intended for and will not use Product for any activity that is in conflict with law and regulation at the time.
- Customer agrees not to modify Product without written consent by Signify and agrees not to harm copyrights of Signify and/or its 3rd party suppliers associated in the Product.
- If Customer connects Product with other 3rd party software that has its own copyrights and/or licensing agreement, Customer shall comply with terms in such agreement. And Customer agrees to indemnify and hold Signify harmless for all liability or damages caused by Customer’s failure to comply with the terms in such agreement.
4. Signify shall not responsible for problems and damages that occur from:
- Misuse of Product.
- Modification to Product by someone not authorized by
- Data Network problem due to 1. Local Area Network (LAN) 2. Domestic and International Internet Network 3.Internet Gateway By Communication Authority of Thailand (CAT)
- Customer allows its staff to concurrently use Product more than no. of users that Customer purchases for.
5. Limited Liability:
- In no event shall Signify’s liability exceeds the amount that Customer paid to Signify for the Product under this Agreement during the term of this Agreement.
- Signify will not be liable to customer for lost profits, lost savings, or any other claimed damage arising under this Agreement.
6. Tax and Payment:
- Service Subscription fee is exclusive of applicable tax duty: VAT and any other tax required by government. Customer is responsible to pay for the tax duty. The applicable tax rate is subject to change by law and regulation of the judicial government and such change does not imply any breach of agreement by Signify.
- If Customer requests credit from Signify, Customer shall make payment within 30 days after receiving the invoice. If Customer does not make payment by the payment due date, Signify reserves the right to add an interest expense of 10% annual interest starting from the payment due date. Signify also reserves the rights to immediately suspend and/or terminate Services.
7. Non-Disclosure Agreement:
- Customer Data and Customer Information Documents in any format that Signify receives from Customer in order to provide services shall be exclusive rights of Customer. Signify agrees to keep the data and information confidential. Signify shall not act or cooperate with others in using such data and information for any reason and will not disclose such data and information in whatever way without prior consent in writing from Customer.
- Customer agrees to use Software, Tools, Methodologies, Product-related Documents, the Agreement and Attachment from Signify within the organization of Customer. Customer will not act or cooperate with anyone to disclose, copy, or reuse Software, Tools, Methodologies, Product-related Documents, the Agreement and Attachment that Signify invents partially or wholly without written consent from Signify.
- Non-disclosure agreement according to clauses above shall have an effective date from Customer’s signed date and will survive for 5 (five) years even after Services ends for whatever reason.
8. Ownership of Product:
- Customer acknowledges and accepts that ownership and intellectual property of Product is still with Signify and/or 3rd Party supplier(s) of Signify. Customer can use the Product under the Agreement during the terms of this Agreement.
9. Transfer of Rights:
- Customer shall not transfer, assign, and/or distribute rights or responsibility in this agreement, whether it be partial or whole, to a 3rd party person without prior written consent from Signify. Such transfer, assignment, and distribution, nonetheless, shall not relieve Customer from rights or responsibility from this Agreement.
10. Service Termination:
Service may be terminated for the following causes:
- Signify can no longer provide Product to Customer due to any cause beyond the control of Signify. In such event, Signify shall notify Customer in writing no less than 30 days prior the termination.
- Customer does not make payment and Signify has already notified Customer about Service Termination.
- Transition of Service Termination. Signify shall offer to retain Customer’s Data for 30 days and then delete it from Signify’s Severs.
11. If Customer does not comply with any of this Agreement and Signify does not take an action to rectify such non-compliance and continue to provide Products, Signify does not waive any of its rights according to this Agreement and shall be able to exercise its rights at a later time.
12. This Agreement is governed by the laws of Thailand. If any part of this Agreement is found invalid or unenforceable, the remainder shall be in reasonable effect to either and/or both of the parties.