Acceptance of Agreement 

By requesting or using the Services, you accept and agree to the terms of this Software Hosting and Services Agreement. This Agreement constitutes a legal contract between you and Office CRM and spells out the terms and conditions you must adhere to. If you do not agree to any of these terms, you are not bound to use the Services. 

Services 

For purposes of this Agreement, "Services" refers to the services provided by Office CRM that you have requested. Such Services include any services referenced and available on the Website, including, but not limited to, technical support, installation support, data import support, and developer services, as well as hosting services, in connection with Office CRM's Customer Relationship Management (CRM) application. You agree not to use the Services for any unlawful, fraudulent, or abusive purpose. Office CRM has the right to interrupt, suspend, or terminate Services if it suspects that you are engaging in unlawful, fraudulent, or abusive activity. 

Availability of Services 

Office CRM will use commercially reasonable efforts to keep its Services operational. However, there will be periods of downtime for maintenance, upgrades, and other unexpected reasons. We will attempt to provide at least 24 hours of notice for scheduled maintenance or downtime, but some downtime may be unscheduled and beyond our control. Notwithstanding the preceding, Office CRM makes no guarantee as to uptime or availability of its services. Office CRM makes no guarantees or warranties of response times or resolutions. Office CRM will respond to all requests for support on a best-effort basis.

Payment 

You agree to the fees for the Services as set forth on the Website. All costs for the Services shall be paid in advance upon ordering the Services. If you fail to pay or payment is disputed or reversed, Office CRM may discontinue the Services and terminate this Agreement. All sales are final, and Office CRM will not offer any partial or full refunds.

Ownership of Data, Data Integrity, and Backups 

All data created or stored by you within Office CRM's application or on Office CRM's servers is your property. Office CRM does not claim ownership of such data. The Office CRM  application, as it applies to your data, is your property. As long as your account is in credit, you may make copies of your application and data. If your account is in arrears, Office CRM reserves the right to restrict access to the ability to copy the data and application until the arrears are cleared. Office CRM employs techniques to ensure the integrity of the data on its servers. Routine backups are performed for emergency recovery purposes only. Office CRM does not guarantee to restore the data upon your request and shall not be responsible for lost data. Office CRM recommends that you maintain a local copy of all data uploaded or stored on SuiteCRM's servers. 

 Limitation of Liability 

Neither office CRM nor any other party involved in creating or delivering the services shall be liable for any direct, indirect, incidental, special, corrective, consequential, or exemplary damages arising out of or in connection with any use of, or inability to use, the services or Website. The preceding limitation applies irrespective of the cause of action (whether a breach of contract or unlawful act, including negligence) and even if office CRM has previously been advised of, or reasonably could have foreseen, the possibility of such damage or loss. The preceding limitation applies to all damages arising out of or in connection with any use of, or inability to use, the services or Website, including but not limited to: (i) errors, mistakes, or inaccuracies; (ii) personal injury or property damage; (iii) any unauthorized access to or use of our servers, including any personal or financial information stored therein; and (iv) any bugs, viruses, trojan horses, or the like. To the extent that any jurisdiction does not allow the exclusion or limitation of incidental or consequential damages, the above limitation shall apply to the extent permissible under applicable Law. Office CRM aggregate liability to you in any circumstance is limited to the amount paid by you to office CRM for the services. 

Indemnification 

You agree to defend, indemnify, and hold harmless Office CRM, its parents, subsidiaries, licensors, licensees, distributors, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives, and assigns from and against any claims, damages, obligations, losses, liabilities, costs, attorneys' fees, and expenses arising out of or in connection with (i) your use of the Services, (ii) your violation of this Agreement, and (iii) your violation of any third party right, including, but not limited to, copyright, trademark, or privacy right. You shall cooperate as fully as reasonably required in defense of any claim. Office CRM reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not enter into any settlement agreement that affects the rights of Office CRM without prior written approval. 

Representation of Age and Ability to Accept Agreement 

You affirm that you are either more than 18 years of age, an emancipated minor, or possess legal parental or guardian consent and are fully able and competent to enter into, abide by, and comply with the terms and obligations in this Agreement. 

Term and Termination 

The term of this Agreement begins on the date when we activate Services for you. If the Services requested by you specify a term, this Agreement will continue until such term expires (e.g., a one-year technical support service would terminate one year from activation). Otherwise, the Agreement will continue month to month until terminated by either party. You may terminate this Agreement at any time by ceasing to use any or all Services and by notifying Office CRM that you want to terminate your Services. Office CRM may terminate this Agreement or suspend your access to Services at any time, without notice, for any or no reason, including, but not limited to, nonpayment or breach of this Agreement. 

Data Retention 

Office CRM will not retain customer data after an account is terminated. All customer data will be deleted from the servers when the account is terminated and any back-ups at the next scheduled rotation. It is your responsibility to obtain and backup your data before termination. 

Amendment of Agreement Office 

CRM reserves the right to amend this Agreement at any time and without notice, and it is your responsibility to review this Agreement for any changes. You have no right to amend or alter this Agreement. The use of the Services following any amendment of this Agreement will signify your assent to and acceptance of its revised terms. If you do not agree to any changes made to this Agreement, do not use the Services. 

Assignment 

You may not assign this Agreement without Office CRM's prior written consent. Office CRM may assign all or part of its rights or duties under this Agreement without notice to you. 

Force Majeure 

Office CRM shall not be deemed to be in evasion of any provision of this Agreement or be liable for any delay or failure in performance due to Force Majeure. Which shall include without limitation acts of God, earthquakes, weather conditions, labor disputes, changes in Law, regulation or government policy, riots, war, fire, epidemics, acts or omissions of vendors or suppliers, equipment failures, transportation difficulties, malicious or criminal acts of third parties, or other occurrences which are beyond reasonable control. 

Complete Agreement 

This Agreement constitutes the complete and final expression of the entire and only understanding between you and Office CRM regarding the subject matter. It supersedes any prior written or oral representations. 

Waiver 

The waiver by Office CRM of any breach or failure to enforce any of the terms and conditions of this Agreement at any time shall not in any way affect, limit, or waive Office CRM's right after that to enforce and compel strict compliance with every term and condition of this Agreement. 

Severability 

Suppose any provision of this Agreement is deemed invalid or unenforceable under any statute, regulation, ordinance, or by a court of competent jurisdiction. In that case, such provision shall be considered to be reformed or deleted but only to the extent necessary to comply with such statute, regulation, ordinance, or court, and the remaining provisions shall remain in full force and effect. 

Survival 

All provisions of this Agreement that, by their nature, should survive the termination of this Agreement shall continue in full force and effect and survive the termination of this Agreement, including, but not limited to, the intellectual property, disclaimer of warranties, limitation of liability, indemnification, severability, and governing law provisions.