Platform User: Each customer employee designated by the customer to serve as a user of the WebBees SaaS platform.
Affiliate: In relation to a party, it means the holding companies and subsidiaries of such party.
Application: Any software/product/service used by the customer for its internal purposes.
Customer Content: All data and materials created or provided by the platform user for use with the SaaS services.
Documentation: User guides, release notes, and other documentation provided by WebBees to the customer regarding SaaS services.
During the subscription term, the customer receives a non-exclusive, non-assignable right to use the SaaS services for internal business operations.
Professional services will be provided as described in the Statement of Work (SOW) or the Order Form. Services will be delivered remotely unless otherwise agreed upon.
Customer must provide reasonable information and assistance to WebBees to deliver SaaS services efficiently. Customer is responsible for compliance with laws and regulations in connection with the SaaS services usage.
Assistance: Customer shall provide commercially reasonable information and assistance to WebBees to enable the delivery of the SaaS Services. Customer shall deliver necessary content to WebBees in an electronic format and provide access to business/technical teams.
Compliance with Laws: Customer shall comply with all applicable laws in connection with its use of the SaaS Services, including laws related to data privacy and communications. WebBees exercises no control over the content transmitted by the customer or End User.
Platform Access: Customer is responsible for the acts of its Platform Users. WebBees is not liable for loss of data or functionality caused by Platform Users.
Customer Content: Customer is responsible for collecting, inputting, and updating all Customer Content stored on the software, ensuring it does not infringe on third-party rights or contain inappropriate material.
License from Customer: Customer grants WebBees a non-exclusive, non-transferable license to use Customer Content as necessary to provide the SaaS Services.
KYC: Customer is required to submit government-issued documents for KYC purposes before service delivery.
Orders: SaaS Services must be ordered using the Order Form or Purchase Order.
Invoicing and Payment: WebBees will invoice the customer for fees on the effective date of the Order Form. Payment is due within 30 days. Fees are non-refundable and payable in the currency detailed in the Order Form.
Expenses: Customer will reimburse WebBees for reasonable out-of-pocket expenses incurred during service delivery.
Payment Terms: 50% of the invoice amount is due upfront, with the remaining 50% due on the delivery date, before the delivery of services.
Term: The SaaS Agreement begins on the effective date and renews automatically unless either party gives written notice of non-renewal at least 30 days before the end of the subscription term.
Suspension for Non-Payment: WebBees may suspend services if the customer fails to pay within 15 days of the notice.
Suspension for Ongoing Harm: WebBees reserves the right to suspend services if the use of SaaS Services by the customer or End User causes immediate harm to WebBees or others.
Termination: Either party may terminate the agreement for a material breach that remains uncured for 30 days or in the event of bankruptcy or insolvency.
The Service Level Agreement (SLA) is as detailed in the Support Terms agreed upon. The SLA outlines the customer's remedies for service quality issues.
WebBees warrants that the SaaS Services will be performed in all material respects according to the documentation. However, WebBees does not guarantee uninterrupted or error-free services. This section sets forth the sole warranty given by WebBees.
Neither party will be liable for indirect, incidental, or consequential damages, including loss of business or data, regardless of the nature of the claim. Liability will not exceed the fees paid in the 12 months preceding the claim.
Indemnification by WebBees: WebBees will defend the customer against third-party claims of infringement and pay for losses or damages incurred from such claims.
Indemnification by Customer: Customer will defend WebBees against third-party claims related to Customer Content.
Each party shall treat all confidential information disclosed during the term of this agreement as confidential for five years after the termination, with software confidentiality lasting perpetually.
Customer is responsible for obtaining all consents required by law for the processing of personal data. WebBees will implement security measures to protect Customer's data during SaaS service delivery.
Non-Exclusive Service: SaaS Services are provided on a non-exclusive basis, and WebBees can provide similar services to other customers.
Assignment: Neither party may assign this agreement without the other party's consent, except in cases of mergers or acquisitions.
Notices: Notices must be in writing and delivered via registered mail or courier service.
Force Majeure: Neither party will be liable for non-performance due to causes beyond its control, such as acts of God or terrorism.
Waiver: Waivers of rights must be in writing and signed by the waiving party.
WebBees reserves the right to place a watermark of their brand on the SaaS product. Removing the watermark requires an additional fee of ₹5000 or as detailed in the Purchase Order.
WebBees may change features or service packages without prior notice. Customers will be notified in case of price alterations starting from future renewals.
WebBees reserves the right to change policies without prior notice. Updated policies will be made available on the official website or via email.
This agreement is governed by the laws of India, and any disputes will be subject to the jurisdiction of the courts in Siliguri.
In the event of a dispute, the parties will hold a meeting to negotiate a resolution before pursuing other legal remedies.
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