Subscription Agreement. Version 1.01
Frappe Technologies Pvt Ltd is the publisher of "ERPNext" and offers hosting and support services for the same. The software is available under the GNU/GPL licenses and others as specified in the source code. This agreement is not about the software (which is available under the General Public License) but for the hosting and support services that are provided commercially.
This agreement covers the terms under which you can use the free, trial or paid services offered by us. If you are agreeing to use the services on behalf of your company or organization, you agree that you represent the organization and have the authority to accept this agreement on behalf of your organization.
Services: Hosting and support services offered by us You, Your: The subscriber or user of our services We, Us, Our: Frappe Technologies Pvt. Ltd. or services offered by Frappe Technologies Pvt Ltd Confidential Information: Information that is given from one party to another that is reasonably understood to be confidential.
The Services offered by us are hosting and support services. The software, whether it is developed by us or by third parties is available to you under Open Source Licenses (as specified in the software code) and is not covered in the Services offered by us.
The services will be available to you via the internet browser (specific browsers versions as applicable) and you will need an internet connection to access our services.
4. Service Levels
We host Your data at international data centers and the service levels offered by them will be applicable to You. We will reasonably put all effort to ensure that the servers managed by us are up and running 24x7. If You wish to host your application at your own servers or servers managed by you, then You are free to do it.
If You choose to do it, then there is no obligation on Our part to support Your servers and You will not have to pay for our Services. If You would want Our Services to support and maintain Your servers then they will be charged.
5. Confidentiality and Privacy
Your information / data is owned by You and is a part of your database / files and is treated as Confidential Information. We will ensure that Your Confidential Information is managed with the same level of security as Our Confidential Information. We will take all reasonable effort to ensure that any Confidential Information is managed in a secure manner by using rights management and password encryption. We may or may not publish our security measures to maintain their secrecy.
Our services can be purchased as specified on our website, via online money transfers or using third party services such as PayPal or in some cases, checks.
If you have not Purchased Our Services, then we have a right to terminate them. We will hold your data for a period of 30 days till which you can download your data. After that your data could be lost.
7. Rate Inflation
We reserve the right to increase our price or change the pricing model as and when we see fit. Incase if we have a price rise and you are unhappy, we will allow you to use the service for a period of three months under the old rate. Please note that ERPNext is a Free and Open Source software and you are free to purchase hosting and support services from any other vendor.
Even though we keep multiple and redundant backups, We do not guarantee Your backup and You are also advised to download Your own copy of the backup from time to time from within your ERPNext account by going to Tools -> Download Backup (or as specified).
We do not provide any warranty for our Services for fitness or purpose. You are fully responsible for the data your enter and the accuracy of the data. We are not responsible for any Loss of business or any other kind that may arise due to the use of our Services.
Our maximum liability is limited to the amount that you have paid us for our Services for the past one year.
Both You and We agree to indemnify each other against any claims by any third party. We agree to indemnify you in case of any claim by a third party that by using our services, you are infringing their intellectual property rights. In turn you will indemnify us against any third party that claims that by offering you services or hosting your data, we are infringing their intellectual property rights.
The services are automatically terminated if the subscription expires. To continue the service, you must buy subscription. We have a right to terminate the services if we believe that you are abusing our Services.
Upon termination, we will refund you any unused credits by check / PayPal or any such mechanism within 15 days.
You can ask for your data for a period of 30 days after the termination. You will get a database dump of your data by raising a support ticket
15. Agreement Modification
This agreement is subject to change and we will update you via email incase we make any changes.
Company: Frappe Technologies Pvt Ltd
Registered Address: D/324 Neelkanth Business Park, Vidyavihar West, Mumbai 400086
Jurisdiction: Mumbai, India
Dated: 20th October 2010