These following Growth Solution Terms and Conditions (these “Terms & Conditions”) are an integral part of the Growth Solution Services (the “Services Agreement”) between Spikra Private Limited, (“Spikra”) and Customer. Spikra shall provide Growth Solution Services as more fully described herein to Customer for the Software.
NOW THEREFORE, in consideration of the foregoing, the mutual covenants set forth herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Spikra and Customer agree as follows:
1.1. Error Resolution
Promptly identify, investigate, and resolve issues, or unexpected behaviour reported by the Client.
2. Configuration of Standard features
Assist in setting up and configuring standard features in the software to meet the Client's specific needs and data requirements.
3. Full reporting & scheduled analytics
Create, customize, and maintain the reports and dashboards to help the Client derive actionable insights from the software.
4.1. Best Practices
Provide guidance on best practices for using the software effectively, including recommendations for workflows, data organization, and system usage.
4.2. Basic Product Queries
Address Client's product-related inquiries, answer questions, and provide guidance on product usage and functionality.
5. Set or Streamline Workflows & Process Automations
Collaborate with the Client to design, set up, or optimize workflows and process automations within the software.
6. Third-Party Integration Assistance
Assist in integrating the software with third-party applications or services as required by the Client.
7. User & Admin Training
Conduct training sessions to ensure Client's staff can use the software efficiently.
Communication
9. Advanced Customization
Offer advanced customization services for the software, including custom feature development, tailored workflows, and unique functionalities as agreed upon by the Client.
● Limitations of Zoho’s product are not within the purview of the partner's responsibility. Spikra as Zoho’s partners are only implementor's of a hosted application of Zoho and do not have access to the product development and debugging process. Any product limitation or error identified by the client that needs Zoho resolution can be reported to Spikra or Zoho to follow up such requests or concerns on behalf of the clients. The response time interval shall be based on the cycle times followed by Zoho Corporation.
● Zoho is a SaaS based application with a predefined framework for customization capabilities. Any customization parameters can be only within the purview of defined capabilities for any given product of the Zoho Corporation Pvt Ltd. Any out of the box customization requested by any customer will be deemed out of scope. However, the requirements can be intimated to Zoho’s product development team for the future development of the product.
1. Response Time
● Spikra commits to responding to reported errors and issues within 1 hour during standard business hours.
● Standard Business Hours are based on the Time Zone: For India 9am to 6pm IST, For UK 2pm to 11pm IST and for US 4pm to 1am IST.
The services include configuration management, consultation, advanced customization, reporting & analytics, workflow & automation and 3rd party customization.
● Spikra will commit the timeline after reviewing the raised request. The timeline will differ based on the raised scope.
In the event of any escalations, the same shall be made in the following order
Ramesh Kumar R, Operations Head of Spikra, at ramesh@spikra.com
Radha R, CEO of Spikra, at radha@spikra.com
1.1 Payment
Client agrees to pay Provider the service fees as outlined in this section according to the agreed payment terms.
1.2 Invoicing
Invoices will be issued for the hours purchased from Spikra. The hours contracted should be for a minimum of 25 hours.
1.3 Payment Method
Payment shall be made via Payoneer, Razorpay or Bank transfer
1.4 Taxes
Client is responsible for any applicable taxes, including GST, or any other taxes, which shall be added to the service fees.
Term. This service will begin from the day invoice is paid towards Growth Solution.
Termination.
Either Party may terminate this service at any time by providing the other Party with a fifteen (15) day’s written notice.
Either Party may terminate this service at any time, with or without notice, if the other Party breaches any material terms of this service.
Upon termination, (i) Recipient shall make no further use of Owner’s Confidential Information, and (ii) Recipient shall promptly return all of Owner’s Confidential Information provided to it in tangible form, together with any and all copies and/or summaries, and shall destroy all of Owner’s Confidential Information that is electronically stored; provided, however, that each Party’s legal department may retain one copy of the Confidential Information in its file solely for the purpose of identifying information designated as “Confidential Information.” Recipient’s obligations under this service shall survive any termination.
Negotiation. In the event of a dispute, the Parties agree to work towards a resolution through good faith negotiation.
Mediation or Binding Arbitration. f talking it over doesn’t go well, either party may initiate mediation or binding arbitration with the written consent of the other party.
Litigation and Choice of Law. If litigation is necessary, this term and services will be interpreted based on the laws of the State of Tamil Nadu, regardless of any conflict of law issues that may arise. The Parties agree the dispute will be resolved at a court of competent jurisdiction in the State of Tamil Nadu.
Attorney’s Fees. The prevailing party may recover its attorney’s fees and other reasonable costs for a dispute resolved by binding arbitration or litigation.
The Consultant understands that they may have access to the Client’s confidential information and agrees to use the Client’s confidential information solely for performing the Services. The Consultant agrees not to share the Client’s confidential information with anyone else unless it is required by law. The Consultant’s obligation to maintain confidentiality will survive even upon termination of this service and will remain in effect indefinitely.
The Client may ask the Consultant to sign a separate confidentiality agreement which is to be expressly incorporated as a part of this scope.
Neither Party shall have any obligation to disclose its Confidential Information to the other. Either Party may, at any time, cease providing its Confidential Information to the other Party, and may require the return of Confidential Information previously disclosed by written notice.
Spikra confirms that this service will not cause any conflict of interest with any of its existing clients and undertakes not to enter into any agreement with any third party during the Term that would result in conflict within this scope.
Spikra undertakes that it shall not use any commercially sensitive information provided by customer without obtaining prior written approval of customer.
Spikra shall not be entitled at any time to exploit commercially any mailing lists provided by customer during the course of this service without the prior written consent of customer.
For consideration provided under this services, including, but not limited to the Company’s services to provide the client with Confidential Information (as defined in Section 9(a)) regarding the Company and the Company’s business, the client agrees that, while employed by the Company and for one year following the termination of the contract, the client shall not, without the prior written consent of the Company, directly or indirectly, (i) hire or induce, entice or solicit (or attempt to induce, entice or solicit) any employee of the Company or any of its affiliates or ventures to leave the employment of the Company or any of its affiliates or ventures or (ii) solicit or attempt to solicit the business of any customer or acquisition prospect of the Company or any of its affiliates or ventures with whom the client had any actual contact while employed at the Company.
Standard of Performance. The Consultant acknowledges and represents that they have the necessary training, experience, and credentials required to perform the Services. The Consultant agrees to follow professional standards and applicable laws when providing the Services.
Partner tagging in Zoho. Spikra Pvt Ltd should be tagged as partners in ZOHO's payment portal. Implementation will begin post tagging and activation of the license
In the instance either party of this service forms a breach during the term of this service due to uncontrollable circumstances including but not limited to, flood, hurricane, theft, terrorism, earthquake, or any other acts of god the party shall notify the remaining party of such breach and will be allowed up to 15 days to cure such breach before further action may take place.
